When you use the Platform, you represent that you meet the following primary eligibility criteria:
You are at least 18 years old or accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.
If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users.
You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the TDPL Platform.
You have not been previously suspended or removed by TDPL or any other or disqualified for any other reason, from availing the Services.
TDPL reserves the right to terminate your membership and/or refuse to provide you with access to the TDPL Platformif TDPL discovers that you are under the age of 18 years.
Through the Platform, we provide you with the following services (“Services”):
Any other service that is made available on the Platform from time to time. The sale and purchase of Products on the TDPL Platform is solely undertaken by TDPL.
By transacting on the TDPL Platform in respect of any Products or Services, you agree to be bound by these Terms and Conditions and are entitled to enforce any and all available remedies, under contract or law, only against TDPL..
YOUR USE OF THE TDPL PLATFORM
As an end-user and recipient of Services, when you use the TDPL Platform, you agree to the following conditions of use:
Due diligence conditions:
Scope of Services:
You may view and access the content available on the TDPL Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the TDPL Platform or any portion of it unless expressly permitted by TDPL in writing.
You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by TDPL.
You may not make any commercial use of any of the information provided on the TDPL Platform.
You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.
You may not mislead anyone with the information or service offer from the TDPL Platform.
You may not upload any content prohibited under applicable law, and / or designated as “Prohibited Content” under Section 5 below.
You shall not upload to, distribute, or otherwise publish through the TDPL Platform, the following Prohibited Content, which includes any content, information, or other material that:
You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the TDPL Platform.
By using the TDPL Platform and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold TDPL, its affiliates and any Facets Dental owned companies, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees that the concerned indemnified persons may suffer on account of:
Your breach of these Terms;
Your use of the TDPL Platform and/or the Service;
Incorrect or inaccurate credit / debit card details provided by you;
You using a credit / debit card which is not lawfully owned by you;
You permitting a third party to use your password or other means to access your account;
Your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the TDPL Platform and/or the Service;
You providing a false, forged, unauthorized or manipulated prescription or
Any action taken by TDPL as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.
LIMITATION OF LIABILITY
By using our Services, you confirm that you understand and agree to the following:
(ii) Your use or inability to use the TDPL Platform;
(iii) Your use of any third party services you contacted through the TDPL Platform.
(i) your use of or reliance on the TDPL Platform, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the TDPL Platform;
(ii) Your provision of information, personal or otherwise, to TDPL;
(iii) The provision of Services by TDPL; or
(iv) Acts or negligence on the part of TDPL, its agents or employees;
(v) Errors, delays or deficiencies in services or theft or damage of Products, attributable to third parties who assist TDPL such as delivery partners.
f.Notwithstanding anything herein to the contrary, TDPL’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the TDPL Platform, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) or Services in respect of one incident or series of incidents attributable to the same cause.
This section shall survive the termination of this Agreement and the termination of your use of our Services or the TDPL Platform.
DATA & INFORMATION POLICY
INTELLECTUAL PROPERTY AND OWNERSHIP
You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the TDPL Platform belong to us at all times or to those who grant us the license for their use. You are permitted to use this material and/or content only as expressly authorized by our licensors or us.No use of these may be made without the prior written authorization of TDPL.The Marks on the TDPL Platform are variously protected by the laws of India. Use of any of these Marks may not be made without the prior written consent of TDPL, except for the sole purpose of identifying the Products or Services originating from TDPL.You acknowledge and agree that the material and content shown at the TDPL Platform is made available for your personal non-commercial use only and that you may download such material and content only for the purpose of using this TDPL Platform. You further acknowledge that any other use of the material and content of the TDPL Platform is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. TheTDPL Platform may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information (“User Content”) on the TDPL Platform. You warrant that any such User Content submitted by you to the TDPL Platform is original (and does not infringe the copyright of others), and you hereby grant TDPL a perpetual, irrevocable, non-exclusive, royalty free license to use TDPL Privileged and Confidential.
Such User Content so submitted, without any further recourse to you, and you hereby waive all rights in such User Content. TDPL has the right but not the obligation to monitor and edit or remove any activity or User Content, and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.
Please note that your payments are processed in accordance with applicable law and you may refer to our Payments and Refund Policy for details.
By using our Services, you further confirm that you understand and agree to the following:
TDPL reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract, to any third party.If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other Terms shall not be affected.These Terms do not create or confer any rights or benefits enforceable by any person that is not a party.No delay or failure by TDPL to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of TDPL.These Terms including the documents or other sources referred to in these Terms supersede all prior representations, understandings and agreements between you and TDPL relating to the use of the TDPL Platform (including the use of Services and/or order of Products) and sets forth the entire agreement and understanding between you and TDPL for your use of the TDPL Platform.When you visit the TDPL Platform or send e-mail to us, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by e-mail or by posting notices on the TDPL Platform. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
THIRD PARTY LINKS AND RESOURCES
EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure of service when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.
APPLICABLE LEGISLATION AND JURISDICTION
The use of our TDPL Platform and the contract between you and TDPL shall be governed by the laws applicable in India, without regard to the conflict of law rules. Any dispute relating to the use of our Services will be only resolved exclusively in the Courts at Kochi in the state ofKerala ,not in any other Court in India or abroad..