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 ("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.
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 "we", "us" and "our" shall mean DYAUSMED Healthcare Pvt Ltd, its franchisor, affiliates and partners.
1. www.divinebright.in website ("Website") is an Internet based content and e-commerce portal operated by DYAUSMED healthcare Pvt Ltd., a company incorporated under the laws of India. DIVINE Bright product range is Manufactured by DYAUSMED healthcare Pvt. Ltd.
2. Use of the Website 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 from time to time. DYAUSMED Healthcare Pvt Ltd at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
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 DYAUSMED Healthcare 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. DYAUSMED Healthcare Pvt Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
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. Limited reproduction and copying of the content of the Website is permitted provided that Divine Bright name is stated as the source and prior written permission of DYAUSMED Healthcare Pvt Ltd is sought. 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 is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. 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;
4. 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's computer.
5. conduct or forward surveys, contests, pyramid schemes or chain letters;
6. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
8. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
9. violate any applicable laws or regulations for the time being in force in or outside India; and
10. 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.
11. Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
12. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about DYAUSMED Healthcare Pvt Ltd, its associates and partners on any property owned by DYAUSMED Healthcare Pvt Ltd.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by DYAUSMED Healthcare Pvt Ltd.
Exactness Not Guaranteed:
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, DYAUSMED Healthcare 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 DYAUSMED Healthcare Pvt Ltd without obtaining authorization from DYAUSMED Healthcare Pvt Ltd.
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 various 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.
Links To Third Party Sites:
The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of DYAUSMED Healthcare Pvt Ltd or the Website and DYAUSMED Healthcare 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. DYAUSMED Healthcare Pvt Ltd is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. DYAUSMED Healthcare Pvt Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DYAUSMED Healthcare Pvt Ltd or the Website 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.
Disclaimer of Warranties/Limitation Of Liability:
You agree to indemnify, defend and hold harmless DYAUSMED Healthcare Pvt Ltd 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 DYAUSMED Healthcare 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.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at DYAUSMED Healthcare Pvt Ltd’s discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon DYAUSMED Healthcare Pvt Ltd's shipment to the shipping carrier.
1. DYAUSMED Healthcare Pvt Ltd may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
2. If you or DYAUSMED Healthcare Pvt Ltd terminates your use of the Website or any Service, DYAUSMED Healthcare Pvt Ltd may delete any content or other materials relating to your use of the Service and DYAUSMED Healthcare Pvt Ltd will have no liability to you or any third party for doing so.
3. 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. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
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 Ghaziabad.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
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.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. DYAUSMED Healthcare Pvt Ltd does not review the contents in any way before they appear on the Website. DYAUSMED Healthcare Pvt Ltd does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to 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 firstname.lastname@example.org.
Unauthorized Charges on your card
If you see charges on your credit/debit card for purchases made on DYAUSMED Healthcare Pvt Ltd, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable SCORPIA MEDIMART to begin an investigation.
Cancellation of Fraudulent Orders
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, DYAUSMED Healthcare Pvt Ltd reserves the right to cancel all past, pending and future orders without any liability. DYAUSMED Healthcare Pvt Ltd also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
Cancellation of Bulk Orders
1. Products ordered are not for self-consumption but for commercial resale
2. Multiple orders placed for same product at the same address, depending on the product category
3. Bulk quantity of the same product ordered
4. Invalid address given in order details
5. Any malpractice used to place the order
Any promotional voucher used for placing the 'Bulk Order' may not be refunded
What we do about mispricing
Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures.
If an item's correct price is lower than our stated price, we charge the lower amount and send you the item.
If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.
Terms for Promotions/Contests/Offers/Campaigns
General Terms for Offers and Promotions
1. Discounts will be applied to the total merchandise value including VAT and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
2. Only one credit note/gift voucher/voucher can be used per order unless otherwise stated.
3. Discount vouchers - Discount vouchers may from time to time be offered to account holders; such vouchers may only be applied to purchases made through the account to which the discount voucher was offered and registered. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, a combination of the two and in case of COD, a Bank Transfer).
4. Promotional discount vouchers - We may from time to time offer promotional discount vouchers which may apply in respect of any, or certain specified, purchases made though this Website.
5. DYAUSMED Healthcare Pvt Ltd shall introduce various offers, schemes or contest at different times. The terms and conditions for such Contest shall be separately available on the Site.
6. DYAUSMED Healthcare Pvt Ltd reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. DYAUSMED Healthcare Pvt Ltd, at its discretion, can withdraw a particular scheme from the website or market.
7. In case of any query pertaining to use of voucher and/or credit note or regarding the schemes, please email customer care at email@example.com or call @ 8527033004
8. While participating in any DYAUSMED Healthcare Pvt Ltd contest you hereby agree to release and hold DYAUSMED Healthcare Pvt Ltd (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys' fees, or arising out of or related to your participation in the said Contest.
9. DYAUSMED Healthcare reserves the right to cancel any orders placed using promotional vouchers. Some situations where your order may be cancelled include, without limitation, misuse of any promotional vouchers, unauthorized usage of vouchers or inaccuracies of voucher pricing and value thresholds. The voucher amount will not be refunded for such cases.
10. Suitable legal action will be taken against websites involved in unauthorized publication of SCORPIA MEDIMART vouchers. DYAUSMED Healthcare Pvt Ltd will only honor vouchers which are issued or published directly by us or our partner websites.
Terms & Conditions for End of Season Sale (EOSS)
1. The End of Season Sale runs till stock lasts. Sale up to 60% off does not imply that all products are on 60% discount; SALE is on 20,000 products but this number will change as and when stock levels decrease. This End of Season SALE is only applicable in India, and is in ‘Life Style and Fashion domain’.
2. Sign up vouchers cannot be used against sale/discounted items. For more details read registration voucher rules.
3. Sale/discounts apply to selected items only. Although there are many brands on SALE, there might be some exclusion.
4. Due to technical issues, typographical errors or information received from our suppliers and service providers, prices of the products shown on the Site may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.
5. Promotional offers and discounts may be combined only at the discretion of DYAUSMED Healthcare Pvt Ltd.
6. All offers are non-transferable and have no cash value.
7. DYAUSMED Healthcare Pvt Ltd reserves the right to extend or terminate the offers/sale, without further information at any point of time.
8. DYAUSMED Healthcare Pvt Ltd reserves the right, at any time, to amend/add/remove/modify (in whole or part) any of the terms & conditions of this sale, or to replace, wholly or in part, this promotion by another promotion, whether similar to this promotion or not, or to withdraw it altogether, and DYAUSMED Healthcare Pvt Ltd’s decision in this regard shall be final and requires no intimation to the customer of any sort.
9. All refund will be in the form of vouchers only.
10. In case of any further query pertaining to use of voucher and/or credit note or regarding the sale/offers, please email customer care at firstname.lastname@example.org .
It is the customer's responsibility to login earlier if they want to avail better products or styles because DYAUSMED Healthcare Pvt Ltd sales are "first come, first served". The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be guaranteed and we will alert you only when an item is sold out. The terms and conditions for such Contest shall be separately available on the Site. In the event of any conflict between these T&C and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
TERMS AND CONDITIONS OF SALES PORTALS
As products of DYAUSMED Healthcare are sold online through many online sale portals like Scorpiamedimart, Amazon, Flipkart, Snapdeal etc.. All buyers are subject to terms and conditions of selling portal also. Please read terms and conditions of DIVINE Bright carefully before placing your valuable orders. All products of DYAUSMED Healthcare sold by these portals carry complete sales and service support of DYAUSMED Healthcare.