These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act, 2000.
www.otbliss.com (“Website”) is an Internet-based content and e-commerce and supply chain portal licensed by OTBLISS hospital supplies Private Limited, a Private Limited Company registered under the Companies Act.
OTBLISS is primarily focused on helping healthcare practitioners source their clinical supplies requirements, which are essential for the day-to-day operations of their clinics.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. The User shall also comply with all the applicable laws (including without limitation) Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder as may be issued by Reserve Bank of India from time to time, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”) and the Drugs and Cosmetics Act, 1940 and rules made thereunder. 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 OTBLISS website and shall not transact on or use the Website. OTBLISS reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to OTBLISS notice or if it is discovered that you are under the age of 18 years.
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.
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.
OTBLISS provides a number of Internet-based services through the Website (all such services, collectively, the “Service(s)”). One such service enables Buyer to purchase clinical supplies such as all Medical Consumable produced by various manufacturers (collectively, “Products”). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, shipping policy, etc., and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
Proprietary Rights: OTBLISS has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by OTBLISS. OTBLISS also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.
Taxes: If you purchase any Products, you will be responsible for paying any applicable taxes at the time of purchase.
Use of Website; OTBLISS is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
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 OTBLISS will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
User Warranty and Representation:
Exactness Not Guaranteed:
Intellectual Property Rights:
Links To Third Party Sites: The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Otbliss or the Website and Otbliss 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. Otbliss is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Otbliss is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Otbliss 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.
Disclaimer of Warranties/Limitation Of Liability: Otbliss has endeavored to ensure that all the information on the Website is correct, but Otbliss neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service.
You will release, indemnify, defend and hold harmless Otbliss , and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Otbliss. When Otbliss is threatened with suit or sued by a third party, Otbliss may seek written assurances from you concerning your promise to indemnify Otbliss; your failure to provide such assurances may be considered by Otbliss to be a material breach of this Agreement. Otbliss will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Otbliss choice at its expense. Otbliss will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Otbliss against any claim, but you must receive Otbliss prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
Ordering: Orders by Buyers and/or Users are subject to acceptance by Otbliss as per the availability of the Product. Placement of an order by the Buyer and/or the User will constitute acceptance of terms and conditions listed on Website by the customer. No terms and conditions appearing in the order that is in variance with or contrary to these terms and conditions shall be binding upon Otbliss unless specifically agreed to in writing signed by Otbliss.
Cancellation, Return & Replacement Policy:
Returns and replacements are accepted within 15 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. Credit will not be granted for items unsuitable for resale. In case of return of any item, the amount will be adjusted in the next order. Any Product that is damaged in transit and is rejected by you without accepting delivery from the courier is eligible for a 100% refund of the sale price of the Product.
Payment, Pricing & Promotions:
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 is 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. Otbliss may suspend shipment of Products to Buyers whose previous dues are unpaid, at no liability to Otbliss .
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. Products will be delivered only within India we do not deliver any item out of India.
Credit facility for a pre-specified period of time may be made available to you by Otbliss, depending on your usage patterns. Your usage of the Credit facility implies your acceptance of the terms and conditions offered by Otbliss with respect to that facility. You agree to make payments against your purchases, within pre-specified timeframes, as communicated to you by Otbliss from time to time. In case of non-payment of dues within the pre-communicated timeframes, Otbliss may take necessary actions, including legal recourse, to recover the dues.
Charges: Membership on the Website is free for buyers. Otbliss does not charge any fee for browsing and buying on the Website. Otbliss reserves the right to change its Fee Policy from time to time. In particular, Otbliss 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 Otbliss 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. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Otbliss.
Force Majeure Otbliss will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Otbliss may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and Otbliss and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Otbliss to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Domestic Use: Otbliss makes no representation that the Website or Products are appropriate or available 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 local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. Otbliss may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
*** Actual product may vary from the product images on the website.
2.a) Otbliss may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or any way otherwise acted unethically.
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Chandigarh.
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.
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 firstname.lastname@example.org
***The orders will be processed on the basis of the availability of the stock.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.