Terms and Conditions

Last updated on: 5^th December, 2023

 

Please read the following terms and conditions carefully as your use of services of this Website is subject to your acceptance of and compliance with the same (“Terms”).

 

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

 

This website https://easydentdental.com/ shall mean and include Website, application or digital platforms (“Website”) or “We”, “Our” or “Us”, to provide online access to information about ‘EasyDent Dental Lab’ and the products, services, and opportunities We provide. Your access and use of this Website are subject to the following terms and conditions and constitute acceptance of these terms.

 

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST EXIT THIS WEB PAGE AND STOP ACCESSING OR USING IT.

 

We reserve the right, at Our sole discretion, to change or modify these Terms of Use or any of its content at any time without giving prior notice to you. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

 

Definitions

 

In this Terms of Use agreement, the following words shall have the following meaning:

 

• “User” shall mean the end user accessing the Website, its contents and using the Services and/or Products offered through the Website.

 

• “EasyDent Dental Lab” is a registered proprietary mark under the Trade Marks Act, 1999.

 

• “Services” shall mean and include

 

User Registration & Eligibility

 

• 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 Website and shall not transact on or use the Website. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to the notice that you are ineligible to use or access this Website as aforesaid.

 

• If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms and you have the authority to bind that business entity to these Terms. You may be required to submit, upload or otherwise provide any information that We may require at the time of registration to verify the authenticity of the business entity. Such information may include incorporation certificate, sales tax certificate, medical license etc.

 

Login credentials and its security

 

• In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted on the Website (“Registration Details”); (b) maintain and promptly update the Registration Details, and any other information you provide to Us, to keep it accurate, current and complete.

 

• You will receive a password and confirmation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account details and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify to Us 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.

 

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. You further agree to receive transactional SMSs and emails from Us, with updates about your transactions.

 

Compliance with applicable Laws

 

While initiating any transaction through this website, you will comply with all the applicable laws, rules and regulations relating to the Website and Services, or its use according to your jurisdiction. You are not allowed to use the Website for any purpose that is unlawful, prohibited or fraudulent and may not be used to infringe the contents or rights of other entities or individuals.

 

Privacy Policy

 

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Website, 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.

 

User’s obligations

 

• The User shall at all times while accessing and/ or using the services of this Website abide by the following principles.

 

• The User shall not host, display, upload, modify, publish, transmit, update or share any information, including but not limited to, content, image or graphic, which:

 

• belongs to another person and to which the User does not have any right to;
• is grossly false, inaccurate, harmful, harassing, abusive, 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 or unlawfully harassing in any manner, whatsoever;
• is misleading or harms minors in any way;
• is patently offensive to the online community, such as sexually explicit content or provides material that is violent or otherwise inappropriate or solicits personal information from anyone or provides content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
• infringes upon or violates any third party’s rights, including, but not limited to, intellectual property rights, which includes patents, trademarks, copyrights or other proprietary 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;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides information violating someone’s privacy, or provides or creates computer viruses;
• contains video, photographs, or images of another person, without that person’s consent; impersonates another person;
• tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, account information, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• interferes with another User’s use and enjoyment of this Website or refers to any other website or URL, that in Our sole discretion, contains material that is inappropriate for this Website or any other website, contains content which is prohibited or violates the letter or spirit of these Terms of Use;
• violates any law for the time being in force;
• deceives or misleads the addressee and/ or other Users about the origin of such messages or communicates, or contains any information which is grossly offensive or menacing in nature;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• 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 for any other nation.

 

• The User shall not use the Website for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the Website and/ or interrupt or causes to interrupt the use of this Website by other Users.

 

• The User shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads the Website by sharing multiple address and phone numbers or transacting with mala fide

 

• The User 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.

 

• The User shall not use any deep-link, 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 its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

 

• The User shall not create liability for Us or cause Us to lose (in whole or in part) the services of internet service provider (“ISPs”) or other suppliers.

 

• The User shall at all times abide by the requirements of the Information Technology Act, 2000 and the rules, regulations, policies, guidelines, bye laws and notifications made thereunder and/ or any law which is applicable for the time being in force while uploading any content, accessing, or using the services offered by this Website. The User hereby unequivocally declares that in case of violation of any of the provisions of the Information Technology Act, 2000 and/ or rules, regulations, bye-laws, policies, guidelines and notifications made thereunder and/ or any law which is applicable for the time being in force, the User shall be solely responsible at his/ her own costs for all acts, deeds and things and the User shall be liable for any kind of civil or criminal liability there under.

 

• In the event of the User not complying with these requirements, We shall have the right to immediately terminate the access or usage rights of the User to the Website and remove any non-compliant information.

 

• For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

 

Intellectual Property Rights

 

All the materials or contents on the Website, including, but not limited to designs, text, software, photos, animations, video, graphics, music, sound, Logo, trademarks and Computer codes, programs (“Intellectual Property Rights”) are owned and used by Us and/or Our parent Company, affiliates or licensors, including the Third Parties, and are protected by international/Indian laws relating to Intellectual Property Rights, with all rights reserved. No Content may be used in any way for any commercial or other purposes.

 

Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may lead to civil and/or criminal prosecution or penalties against you as per applicable laws in your state, province, or country.

 

Besides, all other marks, if any, on the Website not owned by Us might be under license from the third party of such marks, in that case such license is for the exclusive benefit and use for Us only unless otherwise stated, or may be the property of their respective legal owners. You are not allowed to use any of such third party trademark name, logos or brands, on the Website.

 

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service or transacting through the Website, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Services or transacting through the Website.

 

Indemnification

 

You, being a User, agree to defend, indemnify and hold harmless Us, Our employees, directors, officers, agents and their successors and assigns, Our holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your access, use, actions or inactions, which may result in any loss or liability to Us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms & Conditions, or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

 

Disclaimer of Warranty and Limitations of Liability

 

THIS WEBSITE IS PROVIDED AND PRESENTED ON “AS IS” BASIS. NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, DIRECTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, PARTNERS OR LICENSORS, MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE OR ANY OF THE CONTENT.

 

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, DIRECTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, PARTNERS OR LICENSORS, WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING ACCESS OF HYPERLINK TO OR FROM THIRD PARTY ; (f) ANY INACCURACY, OMISSION, MISREPRESENTATION IN CONTENT; (g) NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE OR (h) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

 

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, DIRECTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, PARTNERS OR LICENSORS, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, REVENUE, INCOME, DATA) RELATED TO THE WEBSITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US IN RELATION TO ANY PRODUCT OR SERVICE.

 

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATING TO, THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU AFTER ONE (1) YEAR OF THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

 

This Disclaimer of Warranty and Limitations of Liability constitutes an essential part of these Terms and Conditions.

 

 

 

 

Termination

 

We may suspend or terminate your use of the Website or any Service if We, in Our sole and absolute discretion, believe that you have breached, violated, abused, or unethically manipulated or exploited any of these Terms or anyway otherwise acted unethically.

 

Notwithstanding the above, these Terms will survive indefinitely unless and until We choose to terminate them.

 

If you or We terminate your use of the Website or any Service, We may delete any content or other materials relating to your use of the Service and We will have no liability to you or any third party for doing so.

 

You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.

 

Governing Law and Jurisdiction

 

We and you agree that the execution, performance and construction of these terms and conditions and dispute resolution shall be governed by the laws of India. If any disputes arise from the access or use of Website or services or from the content or performance of this terms and conditions, the same shall be resolved through amicable negotiation to the extent possible; if not so settled, either party may file a lawsuit to the courts having jurisdiction in Delhi, India. You hereby covenant not to assert any objection to proceeding in such courts.

 

Miscellaneous

 

Force Majeure event: We will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of Our obligations hereunder due to occurrence of an event beyond Our control including but not limited to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott, government restrictions or such other force majeure event as may be applicable.

 

Cessation of Operation: We may at any time, in our sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products/Services.

 

Geographic Restrictions: We make no representation that the Website or services are appropriate for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable federal or local laws of Country/Province outside India.

 

Assignment: You may not assign your rights and obligations under these terms and conditions to anyone. We may assign Our rights and obligations under these terms and conditions in Our sole discretion and without advance notice to you.

 

Severability: If any provision of these Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

 

 

 

Report Abuse:

 

As per these Terms of Use, Users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to timothy.jayasingh@leixir.com.