Terms and Conditions

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Terms and Conditions

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”).

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services.

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. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. 

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST EXIT THIS WEB PAGE AND STOP ACCESSING OR USING MIK Dental WITH IMMEDIATE EFFECT.

In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services and Products offered through the Website. “Service Providers” mean independent third party service providers, and “MIK Dental”, “MIK”, “we”, “us” and “our” shall mean (MIK Dental) and its affiliates.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.

1. About Us:

This Website is an internet based e-commerce supply chain portal licensed by MIK Dental, a registered partnership firm. For further details kindly refer to “About Us” section.

2. Membership 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 MIK Dental website and shall not transact on or use the website. MIK Dental reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to MIK Dental’s notice or if it is discovered that you are under the age of 18 years.

MIK Dental at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

3. User Account, Password, and 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 by any registration forms on the Website (“Registration Details”); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete.

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

4. 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.

5. Privacy Policy:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of MIK Dental. The User further consents that the terms and contents of such Privacy Policy are acceptable to him.

6. Limited User:

Content on the Website is provided to you AS IS for your information and personal use only. The User agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. 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.

7. User Conduct and Rules:

The Website and its Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You will not register under a false name. You will not impersonate any other participant or use another participant’s password(s). Any such fraudulent conduct may be reported to law enforcement, and MIK Dental will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

8. User Warranty and Representation:

The User guarantees, warrants, and certifies that the User is the owner of the content which the User submits or is otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. The User further warrants that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by the User in connection with the Services rendered or Products sold by MIK Dental through the aforesaid Website.

9. Buyer Warranty and Representation:

The Buyer guarantees, warrants, and certifies that the Product(s) purchased on the Website by the Buyer shall be used by registered medical/dental practitioners and/or qualified technicians only.

 10. Exclusion of Liability Regarding Description of Products:

MIK Dental does not guarantee that the Product delivered to the Buyer shall correspond exactly with the image displayed on the Website. All images of Products are purely for illustration and reference purposes. MIK Dental does not accept responsibility for differences between the image on the Website and the actual appearance of the Product. The quality of any Product, Service, information, or other material purchased or obtained by you through the Website may not meet your expectations. MIK Dental does not provide or make any representation, warranty or guaranty, express or implied about the Services or Products. MIK dental does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website.

You shall check and confirm the colour/model/version/expiry period and any other such particulars of the Products before placing the order. MIK Dental accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Alterations to certain aspects of your order such as the Product brand, size, pack etc. may be required due to limitations caused by availability of Products. If you agree to such alterations, then MIK Dental shall send you an approval request on the email ID submitted by you during the registration process. If you do not agree with the requested change, you retain the right to reject the requested change by replying to it within 10 days of it being sent to you. If you reject this request, your order will be cancelled and your payments made, if any, will be fully refunded.

MIK Dental will not be liable to replace the Products and the liability to replace any such Product is that of the OEM. MIK Dental and the Buyer acknowledge that the Products purchased/used are a subject matter of original OEM’s warranties. Any or all claims in relation to returns and replacement shall be made to the concerned OEM only and not MIK. However, MIK Dental may assist the customer in lodging a complaint to get the Product replaced or serviced. The Buyer acknowledges that the Products once sold will not be exchanged or taken back unless the seal of the package or the Product is intact.

 11. Intellectual Property Rights:

All content included on the Website, such as designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the property of MIK Dental with all rights reserved. You acknowledge and agree that you shall not use, reproduce or distribute any Site Content from the Website belonging to MIK Dental.

All products listed on the web-site are independently acquired from distributors and/or suppliers of the same. The trademark and other IP used in relation to such products are the property of their respective trademark holders. MIK Dental is not affiliated, endorsed or sponsored by these trademark holders.

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.

12. Credit Purchases:

Credit facility for a specified period of time may be made available to you by MIK Dental, depending on your usage patterns. Your usage of the Credit facility implies your acceptance of the terms and conditions offered by MIK Dental with respect to that facility. You agree to make payments against your purchases, within specified timeframes, as communicated to you by MIK Dental from time to time. In case of non-payment of dues within the pre-communicated timeframes, MIK Dental may take necessary actions, including legal recourse, to recover the dues.

MIK Dental offers its credit facility only to select customers, based on pre-determined criteria. The decision to offer the credit facility is solely at the discretion of MIK Dental. MIK Dental may refuse the same to any customer, without offering any explanation MIK Dental is free to revoke the Credit facility offered to any customer, at any point in time, without offering any explanations.

 13. Fee Policy:

Membership on the Website is free for Users. MIK Dental does not charge any fee for browsing and buying on the Website. However, MIK Dental reserves the right to change its Fee Policy from time to time MIK Dental may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event MIK Dental reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

 14. Shipping and Transfer of Title & Risk:

Title of the Product/s and risk of loss for all Product/s ordered by you shall pass on to you upon MIK Dental’s delivering the Product/s to the shipping carrier for the purpose of delivery to the Buyer.

15. Termination:

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

Notwithstanding Section 23.1 above, these Terms will survive indefinitely unless and until MIK Dental chooses to terminate them.

If you or MIK Dental terminate your use of the Website or any Service, MIK Dental may delete any content or other materials relating to your use of the Service and MIK Dental 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.

 16. Governing Law:

Terms shall be governed by and construed in accordance with the laws of India and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai.

Any dispute or claim relating to the services rendered by the Website, its enforceability or termination under these Terms and/ or other policies available on the Website shall be governed by the Arbitration and Conciliation Act, 1966 by a sole arbitrator, who shall be appointed by MIK Dental. The place of Arbitration shall be Mumbai and the language of proceedings shall be English.

17. Indemnification:

You agree to indemnify MIK Dental from and against any and all losses, liabilities, claims including third party claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MIK Dental that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

18. Ordering:

Orders by Buyers and/or Users are subject to acceptance by MIK Dental as per the availability of the Product. If a Buyer/User places an order on MIK Dental’s Website, this shall constitute acceptance of these Terms as listed on Website by the customer. No terms and conditions that either vary or are contrary to these Terms of Use shall be binding upon MIK Dental unless specifically agreed to in writing and signed by MIK Dental.

19. Cancellation, Return & Replacement Policy:

Replacements are accepted within 7 days from the delivery of items. Items to be returned or replaced must be in resalable conditions and contain the original packing material, manuals and blank warranty cards. Returned items are subject to inspection.

Due to health, hygienic and safety reasons, Products which relate to personal hygiene and self-care cannot be returned. Products that come in contact with the body cannot be returned because they are single use items. No hygiene Product can be returned if the package has been opened.

MIK Dental may charge a replacement fee as specified in the cancellation and returns FAQs, to facilitate the return shipping process.

In case of special orders, where Products are procured specifically for you, and in case of large orders (value more than Rs 10,000), MIK Dental may reject your return request at its own discretion. This is necessary as the manufacturers of the particular Products may not entertain such specific return requests.

 20. Payment, Pricing & Promotions:

  • 1. You shall be solely responsible for compliance of all applicable Indian laws while making payments to MIK Dental.
  • 2. Invoices will be dated as of the date of the shipment, and unless otherwise agreed in writing, are payable on an open account immediately at the time of order or at the time of delivery of items as per the payment option chosen by the Buyer. All payments shall be made in Indian Rupees and may be made online through the available payment mechanisms (credit card, debit card or net banking), or offline through an at par cheque, cash on delivery, online bank transfer (NEFT/ RTGS), ECS or a DD. MIK Dental may suspend shipment of Products to Buyers whose previous dues are unpaid, at no liability to MIK Dental.
  • 3. Prices for Products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Due to manufacturers’ price increases or decreases or other events outside of MIK’s reasonable control, pricing is subject to change without prior notification. Prices are all inclusive of taxes. Prices, Products and Services may change at MIK Dental’s discretion.
  • 4. There may be special contests, referral programs, loyalty programs and promotional activities (“Offers”) conducted by MIK Dental. Any such Offer may result in the user receiving discounts, coupons, vouchers, special offers etc. (“Rewards”). MIK Dental reserves the right to accept or reject any User’s participation in such Offers at its sole discretion.
  • 5. Such Rewards can only be applied at the time of order or as may be provided and may not be applied to any previous orders. Prices and Products are subject to change without notice. The Rewards and schemes may be withdrawn and/or changed without notice. Items under Offers and other schemes are available only till stocks lasts. MIK Dental reserves the right to reject the cancellation requests on items sold under such Offers and schemes and also reserves the right to reject the redemption of points as received by the User in an Offer without providing any reason for such rejection.
  • 6. Such Rewards cannot be transferred, negotiated or sold and cannot be redeemed against cash. MIK Dental shall not be responsible to compensate you in any manner for the unused/invalidated Rewards including providing an alternate Reward.
  • 7. Each Reward is good for one-time use only. You will not be able to split the value of a Reward across multiple payments or using more than one Reward at a time.
  • 8. While availing any of the payment method/s available on the Website, MIK Dental will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed between you and “Bank/s”, or any payment issues arising out of the transaction, or decline transaction for any other reason/s.
  • 9. All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate any transactions with respect to any other form of currency with respect to the purchases made on the Website.
  • 10. Before shipping / delivering your order to you, MIK Dental may request you to provide supporting documents (including but not limited to Govt. issued ID, address proof and proof of educational qualifications) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.

21. Links to Third Party Sites:

 The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MIK Dental or the Website and MIK Dental is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MIK Dental is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. MIK Dental is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MIK Dental or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

 22. Disclaimer of Warranties/Limitation Of Liability

MIK Dental has endeavored to ensure that all the information on the Website is correct, but MIK Dental neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service.

In no event shall MIK Dental be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the Services or Products; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service or any claim arising out of or in connection to the Products sold on the Website. Neither shall MIK Dental be responsible for any claims arising out of the use of the Website, whether based on contract, negligence, or otherwise. Further, MIK Dental shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount actually paid by you to us in relation to any Product or Service.

23. Severability:

If any provision of the Terms 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.

26. Disclaimer:

At present, Medical Device Rules 2017 do not prohibit the sale of any item listed on this Website. However, if the Medical Device Rules 2017 are subsequently revised to include any item currently sold on our Website, then such items shall not be available to the Users and any monies paid for the prohibited item shall be refunded to the respective User.

27. Report Abuse: 

As per these Terms, 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 info@mikdental.in

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