Please Read The Following Terms And Conditions Carefully As Your Use Of Service Is Subject To Your Acceptance Of And Compliance With The Same (“Terms”).
We at Confident Sales India Pvt Ltd may update these terms from time to time and any changes will be effective immediately on being set out here. Please ensure you are aware of the current terms.
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. 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.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website and Mobile App, its contents and using the Services and Products offered through the Website and Mobile App.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the Website and Mobile App following the posting of changes will mean that you accept and agree to the revisions.
a) www.confidentonline.com (“Website and Mobile App”) and Confident App is an Internet based content and supply chain portal licensed by Confident Sales India Private Limited, a Private Limited Company registered under the Companies Act, 1956.
b) Use of the Website and Mobile App & Mobile App is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website and Mobile App from time to time. Confident Sales India Pvt Ltd at its sole discretion reserves the right not to accept a User from registering on the Website and Mobile App without assigning any reason thereof.
When you use the Website and Mobile App 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.
3. Services Offered:
Confident Sales India Pvt Ltd provides a number of Internet-based services through the Website and Mobile App (all such services, collectively, the “Service(s)”). One such service enables Buyer to purchase clinical supplies such as facemasks, gloves, dental composites, orthodontic products, oral care products, and other dental and other healthcare and clinical requirements produced by various manufacturers (collectively, “Products”). The Products can be viewed through the Website and Mobile App. 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 byProduct specific conditions, which may be displayed on the webpage of that Product.
4. Limited User:
Content on the Website and Mobile App is provided to you AS IS for your information and personal use only. The User agrees and undertakes not to reverse engineer, modify copy,distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and Mobile App. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and Mobile App is not permitted.
5. User Conduct and Rules:
The Website and Mobile App 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 Confident Sales India Pvt Ltd will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
6. Exactness Not Guaranteed:
Confident Sales India Pvt Ltd hereby disclaims any guarantees of exactness of the final Product as ordered by the Buyer. All images of Products are purely for illustration only. Confident Sales India Pvt Ltd does not accept responsibility for any difference between the image on the Website and Mobile App and the actual appearance of the Product. The quality of any Product, Service, information, or other material purchased or obtained by you through the Website and Mobile App may not meet your expectations. Confident Sales India Pvt Ltd does not provide or make any representation, warranty or guaranty, express or implied about the Services or Products. Confident Sales India Pvt Ltd does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website and Mobile App. Confident Sales India Pvt Ltd does not implicitly or explicitly support or endorse the sale or purchase of any Products or Services on the Website and Mobile App. You are advised to independently verify the bona fides of any particular Product(s) that you choose to buy or transact with on the Website and Mobile App and use your best judgment in that behalf. You shall check and confirm the colour/model/version/expiry periodand any other such particulars of the Products before placing the order. Confident Sales India Pvt Ltd accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Alterations to certain aspects of your order such as the Product brand, size, pack etc. may be required due to limitations caused by availability of Products. In this instance you agree that Confident Sales India Pvt Ltd will send an order confirmation mail via the email address and SMS, which you submitted when placing your order. If you do not agree with the requested change, you retain the right to reject the requested change by replying to it within 10 days of it being sent to you. If you reject this request, your order will be cancelled and your payments made, if any, will be fully refunded.
Confident Sales India Pvt Ltd will not be liable to replace the Products and the liability to replace any such Product is that of the original equipment manufacturer (“OEM”). Confident Sales India Pvt Ltd and the Buyer acknowledge that the Products purchased/used are a subject matter of original OEM’s warranties. Any or all claims in relation to returns and replacement shall be made to the concerned OEM only and not Confident Sales India Pvt Ltd. However, Confident Sales India Pvt Ltd may assist the customer in lodging a complaint to get the Product replaced or serviced. The Buyer acknowledges that the Products once sold will not be exchanged or taken back unless the seal of the package or the Product is intact.
7. Intellectual Property Rights:
All content on the Website and Mobile App and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Confident Sales India Pvt Ltd owns all Intellectual Property Rights to and into the Website and Mobile App, 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 and Mobile App belonging to www.confidentonline.com without obtaining authorization from Confident Sales India Pvt Ltd. Confident Sales India Pvt Ltd shall not be liable for any claim against any such logo or intellectual property rights of any third party in relation to the brands of the Products listed on the Website and Mobile App and any such infringing content may be removed by Confident Sales India Pvt Ltd at its sole discretion.
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 or transacting through the Website and Mobile App, 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 various Services or transacting through the Website and Mobile App.
8. Links to Third Party Sites:
The Website and Mobile App may contain links to other Website and Mobile Apps (“Linked Sites”). The Linked Sites are not under the control of Confident Sales India Pvt Ltd or the Website and Mobile App and Confident Sales India Pvt Ltd 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. Confident Sales India Pvt Ltd is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Confident Sales India Pvt Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Confident Sales India Pvt Ltd or the Website and Mobile App 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.
9. Disclaimer of Warranties/Limitation of Liability:
Confident Sales India Pvt Ltd has endeavoured to ensure that all the information on the Website and Mobile App is correct, but Confident Sales India Pvt Ltd neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service.
In no event shall Confident Sales India Pvt Ltd be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services or Products;
(b) unauthorized access to or alteration of the user's transmissions or data;
(c) any other matter relating to the Services or Products; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website and Mobile App or Service or any claim arising out of or in connection to the Products sold on the Website and Mobile App.
Neither shall Confident Sales India Pvt Ltd be responsible for any claims arising out of the use of the Website and Mobile App, whether based on contract, tort, negligence, and strict liability or otherwise.
Further, Confident Sales India Pvt Ltd shall not be held responsible for non-availability of the Website and Mobile App during periodic maintenance operations or any unplanned suspension of access to the Website and Mobile App that may occur due to technical reasons or for any reason beyond Confident Sales India Pvt Ltd's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website and Mobile App 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.
Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount actually paid by you to us in relation to any Product or Service.
You understand and agree that the Service and the Products provided are on an “AS IS” and “AS AVAILABLE” basis and that Confident Sales India Pvt Ltd does not assume any responsibility for prompt or proper delivery, or retention of any User information or communications between Users. Confident Sales India Pvt Ltd assumes no responsibility for the accuracy or existence of any communications between Users. Confident Sales India Pvt Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose and non infringement. Confident Sales India Pvt Ltd makes no warranty that
(i) the Services or the Products purchased will meet your requirements
(ii) the Service will be uninterrupted, timely, secure, or error-free
(iii) theresults that may be obtained from use of the Service will be accurate or reliable
(iv) the quality of any Products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations
(v) any errors in the software will be corrected.
No advice or information, whether oral or written, obtained by you from www.confidentonline.com or through or from the Confident Sales India Pvt Ltd Service shall create any warranty not expressly stated in these Terms.
You assume all risks that the Website and Mobile App, applications, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error-free. Any applications downloaded or otherwise obtained through the Website and Mobile App are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. By viewing this Website and Mobile App, reading comments by other users or accessing applications and services related to this site you may be exposed to rude, crude, indecent, or other offensive language or references. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the Website and Mobile App.
You agree to indemnify, defend and hold harmless Confident Sales India Pvt Ltd from and against any and all losses, liabilities, claims including third party claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Confident Sales India Pvt Ltd 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.
You agree to indemnify, defend and hold harmless Confident Sales India Pvt Ltd from and against any and all losses, liabilities, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Confident Sales India Pvt Ltd that arise out of, or result from, or may be payable by
virtue of, any third party claims in relation to the Products sold on the Website and Mobile App.
11. 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 confirmed by the Buyer. All payments shall be made in Indian Rupees
or offline through at par cheque, cash on delivery, online bank transfer (NEFT/ RTGS). Confident Sales India Pvt Ltd may suspend shipment of Products to Buyers whose previous dues are unpaid, at no liability to Confident Sales India Pvt Ltd.
Prices for Products are described on our Website and Mobile App and are incorporated into these Terms by reference. All prices are in Indian rupees & the products displayed available only for the Indian market (*). Due to manufacturers’ price increases or decreases or other events outside of Confident Sales India Pvt Ltd’s reasonable control, pricing is subject to change without prior notification. Prices are all inclusive of taxes except octroi. Prices, Products and Services may change at Confident Sales India Pvt Ltd’s discretion.
There may be special contests, referral programs, loyalty programs and promotional activities (“Offers”) conducted by Confident Sales India Pvt Ltd. Any such Offer may result in the User receiving discounts, coupons, vouchers, special offers etc. Confident Sales India Pvt Ltd reserves the right to accept or reject any User’s participation in such Offers at its sole discretion.
Such special offers, coupons, discounts or vouchers (“Rewards”) can only be applied or availed at the time of order or as may be provided and may not be applied to any previous orders. Prices and Products are subject to change without notice. The Rewards and schemes may be
withdrawn and/or changed without notice. Items under Offers and other schemes are available only till stocks lasts. Confident Sales India Pvt Ltd reserves the right to reject the cancellation requests on items sold under such Offers and schemes and also reserves the right to reject the redemption of points as received by the User in an Offer without providing any reason for such rejection. Such Rewards cannot be transferred, negotiated or sold and cannot be redeemed against cash. Confident Sales India Pvt Ltd shall not be responsible to compensate you in any manner for the unused/invalidated Rewards including providing an alternate Reward.
Before shipping / delivering your order to you, Confident Sales India Pvt Ltd may request you to provide supporting documents (including but not limited to Govt. issued ID, address proof and proof of educational qualifications) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.
* Orders with pricing issue anytime company has the right to cancel the order.
Membership on the Website and Mobile App is free for buyers. Confident Sales India Pvt Ltd does not charge any fee for browsing and buying on the Website and Mobile App. Confident Sales India Pvt Ltd reserves the right to change its Fee Policy from time to time. In particular, Confident Sales India Pvt Ltd may at its sole discretion introduce new services and modify some
or all of the existing services offered on the Website and Mobile App. In such an event Confident Sales India Pvt Ltd 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 Mobile App and such changes shall automatically become
effective immediately after they are posted on the Website and Mobile App. 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 Confident Sales India Pvt Ltd.
a) Confident Sales India Pvt Ltd may suspend or terminate your use of the Website and Mobile App 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 anyway otherwise acted unethically.
b) Notwithstanding Section 21.a above, these Terms will survive indefinitely unless and until Confident Sales India Pvt Ltd chooses to terminate them.
c) If you or Confident Sales India Pvt Ltd terminates your use of the Website and Mobile App or any Service, Confident Sales India Pvt Ltd may delete any content or other materials relating to your use of the Service and Confident Sales India Pvt Ltd will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
14. Governing Law:
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 Bangalore.
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.
16. Report Abuse:
As per these Terms, Users are solely responsible for every material or content uploaded on to the Website and Mobile App. 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.
17. Security :
The Confident Sales India Pvt Ltd shall not be liable for any failure by the Customer or third party making payment of Fees to properly protect data from being seen on their screen by other persons or otherwise obtained by such persons, during the online payment process or in respect any omission to provide accurate information in the course of the online payment process.
2. Cancellation, Return & Replacement Policy:
Returns and replacements are accepted within 7 days from the delivery of items. Items to be returned or replaced must be in resalable and unused 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.
Confident Sales India Pvt Ltd may charge a cancellation or return fee as specified in the cancellation and returns FAQs, to facilitate the return shipping process.
In case of special orders, where Products are procured specifically for you, and in case of large orders (value more than Rs 10,000), Confident Sales India Pvt Ltd may reject your return request at its own discretion. This is necessary as the manufacturers of the particular Products may not entertain such specific return requests.
Title and risk of loss for all Products ordered by you shall pass on to you upon Confident Sales India Pvt Ltd's shipment to the shipping carrier.
* Packing, forwarding & shipping charges at actuals will be estimated on spot enquiry as it varies for delivery location, item to item and quantity of purchase.
4. DND Policy :
If you wish to stop any further sms/email alerts/contacts from our side, all you need to do is to send an email: - [email protected] with your mobile numbers and you will be excluded from the alerts list.
Confident Sales India Pvt Ltd reserves the entire right to modify/amend/remove this privacystatement anytime and without any reason. Nothing contained herein creates or is intended to create a contract/agreement between Confident and any user visiting the
(www.confidentonline.com) Website and Mobile App or providing identifying information of any kind.
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