Last Update: 12th, April 2021
These Terms constitute a binding and enforceable legal contract between Axio Biosolutions Private Limited and its affiliates (“Axio”, “we”, “us”, or “our”) and you, an end user of the Website (“you” or “User”), in relation to the use of the Website.
By using the Website, you agree that you have read, understood, and are bound by these Terms, as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Website.
All products displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your ‘offer’ which shall be subject to these Terms. We reserve the right to accept or reject your offer. When you place an order, you will receive an acknowledgement via e-mail or SMS that confirms or rejects the receipt of your order. This e-mail will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card or otherwise received the payments from you for the Products.
- For the purposes of these Terms, “Products” shall include all products listed and available for sale on the Website from time to time.
- We reserve the right to:
- add, remove, or otherwise modify the Products offered through the Website;
- change any aspect or characteristic of the Products listed on the Website including, but not limited to, the design, function, or the retail price of the Product;
- discontinue the marketing and sale of any or all of the Products or combination of the Products.
Accuracy: Prices are subject to change by us without notice to you. We strive to provide accurate product and price information; however, pricing errors may occur from time to time.
Full Price: Unless otherwise stated at the time of checkout, you agree to pay the full price of the Product. Offers and discounts will be offered at our sole discretion. We reserve the right to refuse or cancel applications of offers and discounts for your order.
Wrong Pricing: We cannot confirm the price of the Product until you place an order. If a Product is listed at an incorrect price or with incorrect information due to any technical error, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been delivered. In the event that an item is wrongly priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Taxes: The prices are exclusive of applicable taxes. These shall be added to your invoice at checkout as applicable.
Shipping charges: Shipping charges are automatically added to your invoice as per standard rates.
4. YOUR ACCOUNT
- To use certain features of the Website, you will have to register with us and create an account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You are responsible for all activities that occur under your account or password. We are not liable for any loss or damages that may arise from your failure to ensure the confidentiality of your account.
- You are further responsible for ensuring that all information you provide on our Website is true, correct, current, and complete. You agree not to provide any false or misleading information in connection with your account.
- Our Website may contain interactive features or services that allow users who have created an account with us to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Website (“User Submissions”).
- User Submissions will be treated as non-proprietary and non-confidential. By posting any User Submission, you grant us a royalty-free, perpetual, irrevocable, world-wide, and sub-licensable license to access, copy, modify, adapt, reproduce, redistribute, publish, create derivative works from, compile, arrange, display, disclose, or otherwise make use of User Submissions in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, for any purpose and in any way without due compensation to you.
- You understand and acknowledge that you are solely responsible for any User Submission you post, and you have full responsibility for such submission, including its legality, reliability, accuracy, and appropriateness. We are not liable for the content or accuracy of any User Submission posted by you or any other user.
5. YOUR RESPONSIBILITIES
- You shall not use the Website in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:
- use the Website to transmit any data or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
- use any robot, spider, other automated device, or manual process to monitor or copy the Website or any portion thereof;
- engage in the systematic retrieval of content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory;
- use the Website to host, display, upload, modify, publish, transmit, store, update, or share any information that (A) belongs to another person and to which you have no rights over, (B) is defamatory, obscene, pornographic, paedophilic, invasive of another person’s privacy, insulting or harassing, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force, (C) is harmful to children, (D) infringes any patent, trademark, copyright, or other proprietary rights, (E) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, (F) impersonates another person, (G) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
- use the Website in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
- violate applicable laws in any manner.
- You warrant that you shall not engage in any activity that interferes with or disrupts access to the Website.
- You shall not attempt to gain unauthorised access to any portion or feature of the Website, any other systems or networks connected to the Website, to any of our servers, or through the Website, by hacking, password mining, or any other illegitimate means.
6. INTELLECTUAL PROPERTY
- All rights, titles, and interests in the Website and the Products, including all intellectual property rights including trademarks, copyrights, patents, trade secrets, moral rights, and other related rights, associated with any ideas, concepts, techniques, inventions, processes, works of authorship, confidential information, arising out of the Website and Products are owned by, or otherwise licensed to us.
- All product names, whether or not appearing with the trademark symbol, are trademarks that belong to us unless otherwise stated by us. The use or misuse of these trademarks or any other materials, except as permitted in these Terms, is expressly prohibited and may be in violation of copyright law, trademark law, and any other applicable law.
- The contents of this Website are subject to copyright protection. The contents of the Website may not be copied, recopied, reproduced, or otherwise redistributed. You should not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without our express written consent or as otherwise permitted in these Terms.
- Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any third party’s intellectual property rights.
7. THIRD PARTY SERVICES
- The Website may include services, content, and information owned, made available, or otherwise licensed by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk.
- We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness.
- All intellectual property rights in and to Third Party Services are the property of the respective third parties.
8. PAYMENT TERMS
- We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms. We shall not be liable for any error of the Payment Processor. In the event of any unsuccessful payment, the money so debited shall be credited in accordance with the terms of the Payment Processor.
- Payments for the products available on our Website may be made by credit cards, debit cards, net banking, wallets, UPI, or cash on delivery. We have the right to restrict the modes of payment available.
- Unless the Product delivered by us is defective, deficient, spurious, or does not match the characteristics or features as advertised by us, all amounts and fees stated are non-refundable.
9. SHIPMENT AND DELIVERY
- All Products shall be prepared for shipment in a manner that is adequate to ensure safe dispatch and arrival.
- Our standard delivery time is 3-5 business days. However, there may be delays in delivery due to reasons beyond our control as detailed in Clause 14 (Force Majeure). We will not be responsible for delays in delivery due to reasons beyond our control. You will receive all notifications by e-mail and SMS regarding the order details and the probable dispatch date.
- We only ship our Products within India. To place international orders, you may write to us on [email@example.com].
We do not accept returns on our orders. Upon receiving your order, if the Product is broken or damaged, replacement or reimbursement will be initiated after completion of a quality check by us.
- If you wish to cancel an order that has not been shipped, you can contact our customer support team on [firstname.lastname@example.org] or call us on [+91 88607 86067] during normal working hours. In such cases, the order will be cancelled, and the money will be refunded to you after the cancellation request is duly processed by us. The refund will be processed to the same account from which the payment was made.
- If you wish to cancel your order with us for any reason, we will not impose cancellation charges on you unless similar charges are borne by us.
12. DISCLAIMERS AND WARRANTIES
- Your use of the Website is at your own risk. To the maximum extent permitted by applicable law, this Website and the content available on it or through it are provided for your convenience on an “as is”, and “as available” basis.
- We expressly disclaim any warranties and conditions of any kind, whether, implied, or statutory, including, without limitation, merchantability, fitness for a particular purpose, accuracy, title, non-infringement of third-party rights, and any warranties arising out of the use of our Website.
- We do not guarantee that the Website will be uninterrupted, or free from error, defect, loss, delay in operation, cyber-attacks, viruses, interference, hacking, malware, or other security intrusions, and we disclaim any liability relating hereto.
- This Website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professionals. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
- To the fullest extent permissible under applicable law the use of any Product is at your own risk. We are not familiar with your medical condition and history and we do not make any personal recommendations to you.
- There are no implied warranties, including any warranty of merchantability, non-infringement or fitness for a particular purpose, or otherwise, which extend beyond the description of the Products on the Website.
You agree to indemnify and hold us harmless, and our affiliates, licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims and expenses arising out of the negligent or unlawful use of the Website or against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees), a breach of any provision of these Terms by you, or any third-party claim to the extent arising from or connected with an allegation that your use of the Website in accordance with these Terms infringes the rights of a third party.
14. LIMITATION OF LIABILITY
- In no event shall we be liable, whether in contract, tort, or otherwise, for any indirect, incidental, consequential, or special damages or losses of any nature or for lost revenue, lost profits or lost business arising out of your purchases, use of our Website, use of our Products, or our failure to deliver ordered Products.
- In no event shall our liability for any order or Product exceed the amount actually paid by you for such order or Product. Subject to applicable laws, our sole obligation and your exclusive remedy for breach hereunder will be to refund the amount paid by you or replace the Product.
15. TERM AND TERMINATION
- These Terms will remain in full force and effect as long as you continue to access or use our Website. We may, with or without prior notice, terminate any of the rights granted by these Terms without cause. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
- You agree that we may, in our sole discretion, suspend or terminate your use of your account on the Website for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.
16. FORCE MAJEURE
- We shall be excused from our obligations hereunder in whole or in part to the extent its performance is delayed or prevented by strikes, work stoppages or disputes, fires, floods, war, riots, loss or destruction of Products, non-availability or delays of transportation, accidents, compliance with and change in any laws, government orders, advisories, guidelines, rules, regulations, directions, and any other decisions of governments and relevant regulators restrictions, or any other cause beyond our control.
- In such circumstances our obligations hereunder shall be suspended for so long as any such contingency continues, provided, however, that if any shipment or delivery hereunder shall be so prevented for more than 90 days, either we or you shall have the right to cancel the order, but only with respect to such shipment or delivery, by written notice to the other.
Modifications: We reserve the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Website. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
No Agency: Nothing contained in these Terms creates any agency, partnership, or other form of joint enterprise between you and us.
Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to [email@example.com].
Third-Party Rights: No third party shall have any rights to enforce any terms contained herein.