Welcome to www.midascareonline.com ,the official website of Midascare Pharmaceuticals Pvt. Ltd., having their registered office at 3rd Floor, B Wing, Lotus Corporate park, Jay Coach, Graham Firth Compound, Western Express Highway,Goregaon (East)- Mumbai 400063, India, This website www.midasareonline.com (“Website”) is owned and operated by Midascare Pharmaceuticals Pvt. Ltd. (‘MPPL’ or ‘we’ or ‘us’). Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions (“Terms”) since the Terms constitute a binding contract between you and us. By entering into this Website, 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. If you do not want to be bound by the Terms, you must not subscribe to or use our services. If you want to ask us anything about these Terms or have any comments or complaints on or about our Website, please email us at firstname.lastname@example.org
The terms & conditions set out in this Website may be altered / amended from time to time depending on the policies of MPPL and the prevailing market conditions. MPPL requests you to read and understand them as often as possible as it may not be possible for MPPL to intimate you on every change that occurs in these terms & conditions.
ACCURACY OF CONTENT
We have taken every care in the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. Packaging may vary from that shown in the product details page. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on the settings on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect the color of the product on delivery. Also in case of Assortments/Prints/Checks, the actual product delivered may vary in color and design as per the availability. To the extent permitted by applicable law, we disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.
ELIGIBILITY TO USE
Use of the Website www.midascareonline.com 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. As a minor if you wish to use or transact on our Website, such use or transaction on the Website shall be made by your legal guardian or parents. MPPL reserves the right to terminate your subscription and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.
You may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such user in accordance with the terms of clause relating to Fraudulent Transactions (below). If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Additionally, you are prohibited from selling, trading, or otherwise transferring your www.midascareonline.com account to another party. MPPL owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to MPPL or payments made by your credit card by any third party. Unless otherwise specified, the materials on this Website are directed solely at those who access this web from India. We make no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within in India and will not be liable for any claims relating to any products ordered from outside India. We retain the right to accept or reject the order.
ACCOUNT AND REGISTRATION OBLIGATIONS
In consideration of your use of our Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by our Website’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof). You undertake to indemnify and keep indemnified MPPL for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.
Only a registered member can request for MIDASCARE PHARMACEUTICALS PVT. LTD. samples. Every User / Individual can create one account and if a User / Individual opens more than one account, then MIDASCARE PHARMACEUTICALS PVT. LTD. reserves the right to delete all the accounts of the concerned individual and take appropriate action against him / her.
Suspension and/or cancellation of membership may result in the forfeiture of all the samples that haven’t been dispatched as yet. Sample request once given cannot be cancelled, withdrawn, returned or changed. MIDASCARE PHARMACEUTICALS PVT. LTD. reserves the right to discontinue benefits offered under the program to any member who in the opinion of MIDASCARE PHARMACEUTICALS PVT. LTD is using the program in a manner inconsistent with the terms and conditions or intent of the program or any portion of the program. MIDASCARE PHARMACEUTICALS PVT. LTD also reserves the right to discontinue the benefits for any member who acts in a manner inconsistent with local or state laws, statutes or ordinances. MIDASCARE PHARMACEUTICALS PVT. LTD reserves the right to add, modify, delete or otherwise change any of the rules, conditions and benefits of the programme. The product dispatched to the user is a free sample and is not meant for sale. Hence, it is of no commercial value.
MIDASCARE PHARMACEUTICALS PVT. LTD may inform the user of the dispatch and delivery details of the Product / Sample Ordered, by sending an SMS for each (dispatch and delivery) on the mobile number as available in the MIDASCARE PHARMACEUTICALS PVT. LTD. database and/or on the email ID as provided during registration on midascareonline.com. If the participant is not reachable at the mailing address available in the MIDASCARE PHARMACEUTICALS PVT. LTD Database, MIDASCARE PHARMACEUTICALS PVT. LTD will inform the participant about the same by sending another SMS and/or email.
- MIDASCARE PHARMACEUTICALS PVT. LTD will take at least 8 weeks to process the samples request. MIDASCARE PHARMACEUTICALS PVT. LTD will endeavour to keep the member informed of any delay.
- All taxes as applicable and incidental expenditures in connection with the sample request will be borne by the member.
- MIDASCARE PHARMACEUTICALS PVT. LTD will not have any liability towards any taxes, or other expenditures or the like which may apply to midascareonline.com free sample program or sample requested hereunder.
- Sample request is only valid for participating brands in midascareonline.com free sample program as indicated on the website.
- Members shall take open delivery of the samples from the courier Members are requested not to accept damaged/ opened parcels. MIDASCARE PHARMACEUTICALS PVT. LTD shall not entertain any complaints post acknowledgement/delivery/acceptance of the samples by the members.
- Each household will get only one sample per brand and MIDASCARE PHARMACEUTICALS PVT. LTD has the right to reject the sample request from any consumer
- MIDASCARE PHARMACEUTICALS PVT. LTD will not take any liability of any loss or damage of sample in transit
- Currently MIDASCARE PHARMACEUTICALS PVT. LTD will dispatch samples only in selected cities.
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
We strive to provide you with the best prices possible on products and/or services you buy from us; however, we do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on our Website are not subject to comparison with the same or similar product(s) and/or service(s) available through any online Website or offline store. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order, the order value shall be debited to your Credit/Debit card/Net Banking account, based on the payment method you have chosen.. If we cancel the order after we have processed the payment, the said amount will be reversed back to your bank/credit card account.
CANCELLATION BY MPPL
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by the Bank’s or Payment Gateway’s credit and fraud detection department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after you have paid the amount, the said amount will be reversed back in your Bank or Credit Card Account, as per our Refund policy.
We will seek authorization on your Card for the full amount of the order placed by you, however, we may charge your card (capture) only for the amount corresponding to the actual portion of the order that we are able/willing to fulfill, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured / charged. If however the same is charged to your card / bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is earlier. We reserve the right to capture / charge your card to the full or partial authorized amount for the concerned order.
CANCELLATION BY CUSTOMER
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made as per the timelines / events mentioned below. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of such timelines / events as mentioned below. We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation. In the event of cancellation of order by the customer, we shall not refund the voucher, if any used against such order.
As per the policies of MPPL, cancellations are allowed in 2 different stages:-
1. Before dispatch
If you intend to cancel your order before it has been dispatched for delivery, you are required to send a mail at email@example.com
2. After delivery
You can return your order after the same has been delivered to your address. Please refer to the Returns and Refund Policy for details relating to the same.
3. Cancellation After dispatch
You cannot cancel your order after the same has been dispatched from our warehouse. However, you may refuse to accept the consignment if you wish to cancel the order. You can send us a mail at firstname.lastname@example.org to intimate us about such refusal.
CREDIT CARD DETAILS
You agree, understand and confirm that the credit card details provided by you for availing of services on our Website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on our Website. We do not be store any information related to your Credit card/ Debit card or net banking. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event, for any credit card fraud that occurs to you. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
FRAUDULENT /DECLINED TRANSACTIONS
Our payment partner’s (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitors your account in order to avoid fraudulent accounts and transactions. Users availing discount coupons or vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using our Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
When you visit our website or send email(s) to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or SMS. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements.
On registering in our website, you agree that we may use your registered mobile number on the Website to send Transaction related SMS to you. You also grant us permission that we may send you any Transaction related SMS irrespective of having DND services activated on your mobile.
YOU AGREE AND CONFIRM
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address/pincode or any other wrong information provided at the time of placing order), any extra cost incurred by us for re-delivery shall be charged to you.
That you shall use the services provided by us, for lawful purposes only and shall comply with all applicable laws and regulations while using the Website and transacting on the Website.
You shall provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of our Website and / or other affiliated websites without prior intimation whatsoever.
That you shall access the services available on this Website and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through this Website.
That the address at which the product ordered by you is to be delivered,shall be correct and proper in all respects.
That before placing an order you shall check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
You agree and confirm that you shall not use our Website for any of the following purposes:
1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person’s use or enjoyment of the Site.
5. Breaching any applicable laws, rules or regulations;
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.
MODIFICATION OF TERMS & CONDITIONS OF SERVICE
GOVERNING LAW AND JURISDICTION
These Terms shall be construed in accord with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of these Terms.
REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by our Website, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments of use of comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to our Website shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. You further agree that no Comments submitted by you to our Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, bugs, worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to our Website. You grant us the right to use the name that you submit in connection with any Comments. You undertake not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments that you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
OWNERSHIP OF RIGHTS
All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. You may not modify, distribute or re-post something on this Website for any purpose.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of MPPL protected by copyright as a collective work under the applicable copyright laws. All trademarks, logos and trade names used in this Website are trademarks of Midascare Pharmaceuticals Pvt. Ltd., whether registered or not. MPPL owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as copyright or license to use in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of MPPL is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Website or a website otherwise owned or operated in conjunction with MPPL shall not be deemed to be in the public domain but rather the exclusive property of MPPL, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of MPPL, unless otherwise stated.
MPPL does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, you warrant that the owner of such material has expressly granted MPPL the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user’s personal use. You hereby grant MPPL, the right to edit, copy, publish and distribute any material made available on the Website by you.
If you come across any abuse or violation of these Terms, please report to email@example.com
TERMINATION AND SURVIVAL OF THE TERMS AFTER THE TERM ENDS
MPPL may terminate these Terms at any time. Without limiting the foregoing, MPPL shall have the right to immediately terminate any your password or account or block your IP address, in the event of any conduct by you, which MPPL, in its sole discretion, considers to be unacceptable, or in breach of these Terms.
You may terminate these Terms at any time, provided that you discontinue any further use of our Website.
Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party including our right to any Comment will survive the expiration or termination of these Terms.
LIMITATION OF LIABILITY AND DISCLAIMERS
The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website.
We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by us as specified in the product specifications. This disclaimer constitutes an essential part of these Terms. To the fullest extent permitted under applicable law, we or our partners shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or these Terms. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of these Terms, be it in tort or contract or any other legal theory is limited to the value of the product ordered by you. We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, www.midascareonline.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. www.midascareonline.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site Our Website can be used on most of the internet browsers, however we recommend to use Google Chrome, Mozila Firefox or Internet Explorer for optimum user experience.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and www.midascareonline.com with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the www.midascareonline.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.