TERMS OF USE

Please read the following terms and conditions, it affects your rights and duties when you use this website.

Apart from the terms and conditions stated herein below if you use our website the “Privacy Policy” is also applicable to you. You are requested to go through the same also before you start using our website or services.

If you do not wish to accept any of our terms stated herein below or our Privacy Policy, we request that you do not use our services and stop using this website immediately. We regret to see you go but it is not possible for us to make any exceptions or deviate from any of the terms and conditions of use of our services and this website.

As regards sellers, suppliers and manufacturers who wish to associate with us and list their products on our website apart from the Privacy Policy and the Present Terms of Use applicable mutatis mutandis to the sellers additional Seller Agreement shall be executed between you and us.

We have taken much effort to ensure that the language is simple but still if you have any query as to any of the terms of this agreement you are more than welcome to seek clarity on the same by writing to us at legal@globalppemart.com.

Hereinafter, the terms “us” “we” “our” along with its grammatical variations and the word “company” shall refer to:

BCG Technology Private Limited address: 10, community center, Ground Floor, East of Kailash, New Delhi - 110065

 

1. Definitions & Concepts

a. Our listing services is meant for products and equipment related to covid-19, any virus or pandemic treatment, care, prevention, precaution, or any other products or equipment related in any manner to prevention or treatment of COVID-19 or other virus infections (hereinafter referred to as “Products”).

b. Our listing services is for use by business who may be manufacturers, distributors or wholesalers who wish to list their Products on our website for receiving quotes for purchase from interested buyers of their products and thereafter sell their products to the Buyers through our website. (hereinafter referred to as “Sellers”).

c. The listing services are meant for Sellers dealing with Products to be supplied to Hospitals, Medical Suppliers, Stores, Intermediaries, etc. who shall be strictly business concerns and not individual consumers (hereinafter referred to as “Buyers”). The expressions you, your, yours, etc. with its other grammatical connotations used herein shall also imply the term Buyers stated herein. If you are not a business then our services are not for you. You are requested not to register nor use our services or website for your personal needs.

d. The term “Agreement” used herein would include these terms of use stipulated herein along with the Pricing Plan and Privacy Policy detailed on the website.

e. The term “Website” used herein shall include the website ‘globalppemart.com’ and any mobile or computer application made available by us providing the identical services through an application-based interface identical to the website ‘globalppemart.com’.


Service Provided

a. Our website is a platform to bring together prospective buyers and sellers of Products and provide them an ecosystem to negotiate and contract with each other independently for purchase/sale of bulk quantities of the Products.

b. Services Provided by us on the platform includes subscription-based listing, visibility, prominent placement of products and business on the website reviews, comments, ratings and price range cataloging. We are a subscription-as-a-service model for listing on site and showcasing products.

c. Our revenue is through subscription price charged from the Seller for the listing services, the platform, the technology and the marketplace ecosystem that we have created. While nothing is charged from the Buyer.

Our responsibility

a. This contract covers the nature and extent our relationship with you when you use this website and we shall not be liable for anything more than our part of the services.

b. The website is only a listing platform and our services and liabilities limit to listing and display of Products and facilitating negotiations between the buyer and seller.

c. We shall endeavor to provide you with interruption free access to our website and platform which is meant for cataloging, description, informing, and facilitating negotiations for sale and purchase of medical equipment, machines and supplies on a bulk wholesale and/or business to business basis.

d. We shall endeavor to provide you with a seamless experience to negotiate for price and quantities of listed products through our website.

e. However, due to limitations of connectivity of internet or owing to any unforeseen circumstances such services could face some limitations and roadblocks which we will endeavor to cross through with minimum time loss to provide our services.

f. We shall not be liable for any actual transaction, warranty, guarantee, quality, safety, genuineness, lawfulness, suitability, delivery or delay in delivery of the Products and the same is entirely between the Seller and the Buyer.

g. We do not form any kind of partnership or sharing of revenue or profits or benefits for any sale or purchase transactions except for the subscription fee for listing of products.

h. We provide no other service apart from what we have stated herein and assume no responsibility for the same. We neither collect or process payments or refunds on behalf of either seller or buyer. We assume no partnership or association with either seller or buyer nor assume any responsibility for actions of either the buyer or the seller and the parties transacting through this website are strictly advised to do their own due-diligence of the other party while transacting.


Buyers Responsibility

a. The buyer must register on the website to use the services offered on the website for buyers which includes viewing products & seller details including seller name, rating, reviews and other descriptions as well as product name, description, details, images, videos and price ranges and thereafter entering into negotiation with the seller for fixing final price and purchase of the products.

b. The buying and selling activity is done directly between the buyer and seller hence the buyer must do the due diligence to ensure the genuineness, safety, authenticity and credibility of the sellers before making any payments or transacting with the seller through the website and apply common sense while transacting for the same.

c. The buyer shall be obligated to make complete payment of agreed price for Products purchased from any seller on the website and duly make direct payment through agreed means to the seller including any agreed costs of warranties or guarantees, taxes, logistics, etc. Non-payment after receipt of Products could lead to civil or criminal action under law and shall hold the Company indemnified and harmless as regards any claims of non-payment or such other claims brought by the seller.

d. The buyer agrees and understands that seller itself and not the company shall be completely responsible for fulfilling the actual transaction including all warranties, guarantees, quality, safety, genuineness, lawfulness, suitability, delivery and delay in delivery of the Products and shall hold the Company indemnified and harmless as regards any claims of defects, deficiency, non-fulfilment or such other claims on the Products.

e. The seller shall be bound by all the terms and conditions stipulated in a separate Seller Agreement executed between the company and seller and the buyers are recommended to go through the same to understand the responsibilities on the seller.



5. Amendments & Modifications

a. Modifications to these terms shall be made at the discretion of the company and the terms as amended at the time of use of the website shall be applicable and binding on you. We may maintain an archive of the previous versions of the terms of use which shall be available on our website. This as on date however is the very first version of these terms.
b. Continued use post modification will be deemed to be acceptance of the modified terms. If any of the terms or modified terms of use if not acceptable to you, we request you to stop using our website and services.
c. If you have any query regarding the amended terms you can write to us to understand the implications or reasons of the modifications at legal@globalppemart.com. d. Versions
a. This document is the first version and applicable to all cases unless the next version is updated and uploaded.
e. We may notify the changes in these terms or the Privacy Policy via email unless you have opted out from our email notifications and communications. Alternatively, or additionally we may also notify you through push-notification when you login to our website. Under any circumstances however you are required to keep track of the amendments which are conspicuously shown on our website in the footer region in all pages at all times.

Product Cataloging & Pricing negotiations

a) Our website will contain pictures and / or videos along with detailed description and use of the various medical equipment and supplies i.e. Products along with pricing range of the same input by the Seller, where from you shall be able to negotiate with the seller for the final price through our website on which price the sale and supply shall be made to you. Total price may or may not include the following components; costs, profit, government levies, taxes, duties, delivery & logistics costs and the same must be clarified before finalizing the Purchase / Order or making payments thereto whichever is earlier.
b) Sellers are advised to always factor all the above components while providing the price at all times.
c) However, in some cases it is understandable that the said factors may increase or decrease depending on the distance, government levies, taxes and duties etc. and at all times sellers are expected to maintain utmost transparency and fairness. However, the buyers are required to clarify the same at the time of negotiations and ensure that the final price agreed to be paid included all the above stated components thereof.

Transacting on the Website

a. Our website will contain Product images & description as detailed herein above with price range.
b. The interested buyer may thereafter request for quote with quantity which request will be forwarded to the Seller.
c. Thereafter the seller shall provide the final price for given quantities which will be forwarded directly to the prospective buyer.
d. If the prospective buyer is willing to purchase the products and quantities at the price offered by the seller, the buyer will be able to directly get in touch with the Seller. Thereafter, the entire process and transactions shall be between the Seller and the buyer.
e. However, we may monitor the activities to maintain records, prevent fraud, or any other reasons without being party to the commercial transaction which shall be strictly between you and the Seller.
f. The website may at its discretion also provide a number of other features to provide a good experience to the Buyers and Sellers.

Returns & Refunds

a. All warranties, guarantees, quality, suitability, delivery & delays, etc. and returns and refunds on the sellers side and receipt of complete payment on the buyers side thereto and all other mutual rights and obligations shall be entirely between the buyer and seller and the company shall have no part whatsoever in the same.
b. We may however try to mediate and support the aggrieved party without incurring any liability on our part whatsoever. The buyer and the seller in a transaction are both advised to do the own due diligence and exercise caution while dealing with the other party respectively.

Force Majeure

We shall be relieved of any liability if we are unable to meet the terms and conditions of this Agreement due to any "Act of God", riots, epidemics, pandemics, strikes, or any act or order which is beyond the control of the party not in compliance; provided that it takes all reasonable steps practical and necessary to effect prompt resumption of its responsibilities hereunder.



Payments

a. No payments are charged from the Buyers at the moment by us. Payments for purchase and associated costs of deliver, taxes, levies, etc. are all charged by and payable directly to the Seller based on negotiation between you and the Seller. We have no role or responsibility for the transaction apart from providing a platform for negotiations between buyer and seller.



Severability

If at any jurisdiction if any of the terms stated herein above are deemed to be contrary to any law in force, such terms shall be first read in accordance with law deemed modified as per law. However, if such modification is not possible such terms shall be deemed excluded from these terms. In any case this shall not affect the otherwise legally enforceable and valid terms stipulated herein.



Fraud Investigation

a. We reserve the complete right to investigate any fraud or deception used by any buyer or seller on our website and take appropriate actions in such case.
b. The consequent actions of any fraud or deceptive tactic may lead to removal of login authorisation, canceling of orders, rescinding of offers of cashback, referral bonus or any such benefits.


Receiving Communications

a. By logging on to our website and providing your contact details you understand that we may use the information provided to send you email communications regarding your order, changes, status, offers and such other communications.
b. However, you will have the option to opt out of such communications using link provided in the said communication itself.


Third Party Platforms

We may integrate third party platforms like social media sites like LinkedIn, Facebook, Google, etc. to log you in or identify you. We will automatically integrate with such sites in such cases to provide your tailor-made experience. You will however have the option to unlink such accounts by communicating to us. However, doing so may cause some deficiency in performance of the website. Registration & login may also made possible by us for you through APIs.

Community Standards

You will at all times have to maintain community standards and while posting comments or reviews on any product page or filling in any particulars on the website, you will maintain utmost goodwill and shall not post any scandalous, derogatory, inflammatory, pornographic, vulgar or such other objectionable content or material. Doing so will automatically lead to termination of your account with us. This provision is equally applicable or sellers and buyers on our platform.

Intellectual Property

You shall respect our intellectual property and shall not try to use any deceptive mark etc. to our detriment. Further, you shall not breach any intellectual property rights of any other person or business. We value our intellectual property on one hand and similarly respect other’s intellectual property. Any breach or violation of any persons or our intellectual property may lead to termination of your account with us. This provision is equally applicable or sellers and buyers on our platform.

Indemnification

You shall indemnify and hold harmless us, our associates, affiliates, employees, official, directors and other related parties against all claims, damages, losses or costs including litigation costs arising out of your breach of any of the terms of this contract or any other law for the time prevailing.

Limitation of liability

a. To the maximum extent permitted by applicable law, in no event shall company be liable for any special, incidental, consequential, statutory, exemplary, punitive or other indirect damages or for any loss profits, loss data or loss of use damages, even if it has been advised of the possibility of such damages. to the maximum extent permitted by applicable law.
b. Further, you agree that the company’s maximum aggregate liability arising out of this agreement will never exceed the amount of subscription charged by the company for the particular relevant month. This limitation shall apply to any and all liabilities or causes of action however alleged or arising, including but not limited to, negligence, breach of contract, or any other claim whether in tort, contract or equity.

Termination

We reserve the right to terminate your use of our website by giving you the reason for the same. Such termination will only be affected by us in case of any breach of terms of this agreement or breach of any law or indulgence in any fraudulent, deceitful or malpractice behavior on your part or using your login details.

Strictly business to business

Our services are strictly for businesses. We provide our platform for business between two businesses in a clear B2B e-commerce model. By using this website, creating your profile and logging in you specifically agree that you are not a consumer under any definition in any law whatsoever.

Governing Law

The validity, construction and interpretation of this Agreement and the relationship between you and the company, including the rights and duties of the parties, will be governed by the laws of the State of New York in the United States without regard to its conflict of law provisions.

Arbitration

a. Any and all disputes arising out of this website or use of services provided through this website shall be subject to arbitration. The seat, place and jurisdiction for the said purpose shall be the state of New York, USA alone and no other.
b. Any claim shall be brought by each individual individually and by using the website you specifically provide your waiver to any class-action suit whatsoever.

Age Restrictions

There is an age restriction on the use of our website. No person who is below the age of 18 is authorised on his / her own operate and use our services. In case any services are required by any person of the restricted age limit i.e. person below the age of 18 years, the account must be created and operated only through a legal guardian who is an adult above the age of 18 who will have to create the login accounts in his / her own name and such adult will be solely responsible for the use of the website and platform

Assignment

a. You may not assign, transfer, or otherwise dispose of your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void.
b. Company has the right to transfer, assign or otherwise dispose of these Terms and Conditions without Your consent.

Waiver

Any waiver or failure to enforce any provision of this Agreement on any occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.


Interpretation

Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement

Entire Agreement

These terms of use along with privacy policy and seller agreement in case of sellers only shall jointly constitute the entire agreement between you and the company and govern your use of the Products or our Properties superseding any prior agreements between you and us with respect to the Products or our Properties (including, without limitation, earlier versions of this agreement that may have been accepted by you). Any representations, statements or agreements made elsewhere, whether directly or indirectly, written or oral or in advertising are shall not be binding towards us unless expressly confirmed in writing by us to you. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third party software, etc.

Contact details

Contact Details:
BCG Technology Private Limited address: 10, community center, Ground Floor, East of Kailash, New Delhi - 110065
Email: legal@globalppemart.com

These terms of use constitute a legally binding agreement between you and us as soon as you start using this website or our services. If the terms are not acceptable you are humbly requested to stop using the website immediately and inform us in case any clarification is required.

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