TERMS & CONDITIONS –
A.M.A. ENTERPRISES PVT. LTD. (www.mksmedicaldevices.com)
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following “terms and conditions”.
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. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third-party service providers, and "www.mksmedicaldevices.com", "we", "us" and "our" shall mean A.M.A. Enterprises Pvt. Ltd..
https://www.mksmedicaldevices.com/ website ("Website") is an Internet based content and e-commerce portal operated by A.M.A. Enterprises Pvt. Ltd., a company incorporated under the laws related to Companies act of Nepal. www.mksmedicaldevices.com at its sole discretion reserves the right not to accept a user from registering on the Website without assigning any reason thereof.
Once registered in the website (www.mksmedicaldevices.com) 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 A.M.A. Enterprises Pvt. Ltd. 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. www.mksmedicaldevices.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. User can unsubscribe/Opt-out from our communications sent on SMS and Email or any service by contacting our customer support in the given email contactmksmedicaldevices.com.
2) Services Offered by A.M.A. Enterprises Pvt. Ltd.:
A.M.A. Enterprises Pvt. Ltd. provides a number of Internet-based services through the Website (www.mksmedicaldevices.com) (all such services, collectively, the "Service"). One such service enables users to purchase original product. (collectively, "Products"). Upon placing an order, A.M.A. Enterprises Pvt. Ltd. shall deliver the product to customer in the specific location initially Kathmandu valley and A.M.A. Enterprises Pvt. Ltd. shall be entitled for receiving payment for the products and/or services.
3) Obligation of the user for the content and related information:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper and do not harm anyone. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
· defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
· publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
· violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
· upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another computer;
· violate any applicable laws or regulations for the time being in force in or outside Nepal; and
· violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
Notwithstanding anything to contrary, A.M.A. Enterprises Pvt. Ltd.(www.mksmedicaldevices.com) maximum liability of refund shall be limited to the actual (stated in the website) value of the product returned to us or the eligible refund amount to the customer, whichever may be lesser.
Under no circumstance shall MKS Enterprises Pvt. Ltd be liable for any consequential, indirect or remote loss that you or your friends and family may suffer.
4) Intellectual property:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, MKS Enterprises Pvt. Ltd owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to A.M.A. Enterprises Pvt. Ltd. (www.mksmedicaldevices.com).
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, 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 Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
5) Pricing for Products:
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Nepalese rupees. Prices, products and Services may change at mksenterprise.com discretion.
6) Limitation of Liability:
mksenterprise.com has endeavoured to ensure that all the information on the Website is correct, but mksenterprise.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall mksenterprise.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall mksenterprise.com be responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, mksenterprise.com 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. We reserve the right to cancel the order. In case payment has already been made, the same would be refunded within 10 working days. The product and its warranty, is directly honoured by the company and has to be taken directly from the company and we as a merchant are not liable for contingency liability or product, liability or warranty.
You agree to indemnify, defend mksenterprise.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by mksenterprise.com 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.
8) Governing Law:
These terms shall be governed by and constructed in accordance with the laws of Nepal without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the state in which Company has been incorporated.
9) Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. mksenterprise.com does not review the contents in any way before they appear on the Website. mksenterprise.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website as & when upload facility is active on 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 contactmksmedicaldevices.com.
10) Legal Disclaimer:
While we take extra efforts to ensure that the displayed product information is correct, on occasion manufacturers may alter the product specifications. Actual product packaging and materials may contain more and/or different information than that shown on our web site. We insist/recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For more information about any specific product, please contact the doctor, manufacturer, retailer from where the goods are purchased.