Agkem.in - Terms of Use

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.agkem.in website.

The domain name www.agkem.in (hereinafter referred to as "Website") is owned by Agkem Impex Private Limited a company incorporated under the Companies Act, 1956 with its registered office at 503-504, Rishabh Corporate Tower, Plot no.16 community centre, Karkardooma, Delhi -110092 .

 

This Terms of Service Agreement governs your use of this website, www.agkem.in Agkem Impex Pvt. Ltd. offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Agkem Impex Pvt.reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Agkem Impex Pvt. Ltd. will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Agkem Impex Pvt. Ltd. encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Agkem Impex Pvt. Ltd. for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

 

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Agkem allows the User to surf the Website or making purchases without registering on the Website. The term "We" , "Us" , "Our" shall mean Agkem Impex Private Limited.

 

ACCESSING, BROWSING OR USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Agkem Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

 

 

 

 

 

Eligibility to Use

1:Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Agkem.in website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Agkem reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Agkem's notice or if it is discovered that you are under the age of 18 years.

 

2: Agkem reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

3: You shall not have more than one active Account (defined hereunder) on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another person.

 


User Account, Password, and Security

1. Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.

2. If you wish to register yourself with the Website, you shall be required to create an account by registering through your email account or by filling in the details prescribed in the Website registration form. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Agkem.in cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.

3. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.

4. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).

 

5. The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will Agkem be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against Agkem in this regard.

 

6. Users of the Website may be required to provide certain person information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website’s privacy policy available at https://www.agkem.in/privacy-and-cookie-policy

 

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

 Services Offered:

 

Agkem provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as Clinical Dental Equipment’s, Lab Dental Equipment’s,

Clinical Consumables, Lab Consumables. The Products can be purchased through the Platform through various methods of payments offered. The purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the separate link on the Platform and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Use of the Website

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(1) belongs to another person and to which You does not have any right to;

(2) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening

(3) Is misleading in any way;

(4) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(5) Harasses or advocates harassment of another person;

(6) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(7) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(8) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(9) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(10) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(11) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(12) Contains video, photographs, or images of another person (with a minor or an adult).

(13) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

 (14) Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(15) Interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

 (16) harm minors in any way;

(17) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(18) Violates any law for the time being in force;

(19) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(20) Impersonate another person;

(21) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(22) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(23) Shall not be false, inaccurate or misleading;

(i) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(ii) Shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

  1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
  2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  3. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  4. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
  5. For any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Agkem and / or others.
  6. User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  7. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
  8. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

Shipping & Delivery Policy

1.Once your order is received, it will be dispatched within 24 hours. Depending on your location, orders may take up to 7 days to deliver.

2. All parcels/packages are delivered by renowned 3rd party Courier services. Shipping costs are estimated by the size and weight of your entire order and your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout.

3. Agkem.in will make every effort to deliver your purchase according to the estimated delivery times however, we do not guarantee in the event of unforeseen circumstances beyond our control that we will deliver within this time frame.

4. We will deliver your products to the address indicated on your Order Confirmation unless other special arrangements are made and agreed to by us.

5. All items will be delivered by a receipted delivery which will require a signature from you confirming receipt of these goods.

6. Agkem.com provide freight free delivery* for orders over INR 2500. (Only applicable in India)

7. Agkem.in will provide freight free delivery for orders over the specified amount but are only applicable per delivery address.

8. Agkem.in reserves the right to make changes to the freight-free policy without notice.

Why is the CoD option not offered in my location?

Availability of CoD depends on the ability of our courier partner servicing your location to accept cash as payment at the time of delivery.

Our courier partners have limits on the cash amount payable on delivery depending on the destination and your order value might have exceeded this limit.   

Whether your location can be serviced or not depends on

Whether the Seller ships to your location

Legal restrictions, if any, in shipping particular products to your location

The availability of reliable courier partners in your location

At times Sellers prefer not to ship to certain locations. This is entirely at their discretion.

Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Agkem, which is incorporated in these Terms by reference. The User further consents that the terms and contents of such Privacy Policy are acceptable to him/her.