PinkBlue.in - Terms of Use

Please read the following terms and conditions carefully as your use of services of this

Website/Mobile Applications is subject to your acceptance of and compliance with the same

(“Terms”).

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION

TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE

AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS

STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS

ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT

REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. PLEASE READ THE

FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST EXIT THIS PAGE AND STOP

ACCESSING OR USING MY MED STORE APPLICATION WITH IMMEDIATE EFFECT.

1. Definitions

In this Terms of Use agreement, the following words shall have the following meaning:

1. “PinkBlue”, “we”, “us” and “our” shall mean Pink Blue Supply Solutions Private

Limited, a company incorporated under the Companies Act 2013, having its registered

office at No.66/1/36/2, Second Floor, Harlakunte Village, Somasundrapalya, HSR

Layout, Bangalore – 560102, Karnataka, India and PinkBlue’s affiliates.

2. “Platform” shall mean the website available at the domain name https://mymedstore.io/

and the mobile applications, My Med Store Pharmacy App, My Med Store which maybe

present on App Store, Google Play Store etc. which are all operated by PinkBlue Supply

Solutions Private Limited

3. “Product(s)” shall mean medical supplies listed on the Platform including but not limited

to clinical supplies such as pharma products, surgical products, and other healthcare and

clinical materials that are produced by various manufacturers and available for sale from

different vendors/ pharmacies.

4. “Vendor/s” shall mean the authorized entity that distributes or manufactures the Products

displayed for sale on the Platform.

5. “Pharmacy” shall mean the pharmacy/clinic/hospital which is registered entity

authorized to buy and sell pharma or other medical products who will be using services

of our Platform to manage their store.

6. “You” or “User” shall mean the end user accessing the Platform, its contents and using

the Services and Products offered through the Platform. The end user might be a

Pharmacy or a “Buyer” buying products and services from a pharmacy.

2. Changes to the Platform:

1. We reserve the right, at our sole discretion, to change, modify, add or remove portions of

these Terms, at any time without any prior notice to you. It is your responsibility to

review these Terms periodically for updates/changes. Your continued use of the Platform

following the posting of changes will mean that you accept and agree to the revisions.

3. About Us:

1. The Platform is licensed by Pink Blue Supply Solutions Private Limited, a private limited

company registered under the Companies Act, 2013.

2. Use of the Platform is offered to you conditional upon your acceptance of these

Terms.By using the Platform, you confirm that you accept these Terms and that you

agree to comply with them. If you do not agree to these Terms, you must not use the

Platform. If you do not agree with any amendments made by to these Terms at any time

in future, you must stop using the Platform with immediate effect.

3. PinkBlue at its sole discretion reserves the right not to accept a User from registering on

the Platform without assigning any reason thereof.

4. Membership Eligibility:

1. Use of the Platform is available only to persons who can form legally binding contracts

under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the

meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc.

are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you

shall not register as a User of the Platform and shall not transact on or use the Platform.

PinkBlue reserves the right to terminate your membership and/or refuse to provide you

with access to the Platform if it is brought to PinkBlue’s notice or if it is discovered that

you are under the age of 18 years, an undischarged insolvent or otherwise incompetent to

contract.

2. If you are registering as a business entity, you represent that you are duly authorized by

the business entity to accept these Terms and you have the authority to bind that business

entity to these Terms. You will be required to submit, upload or otherwise provide any

information that PinkBlue may require at the time of registration to verify the authenticity

of the business entity. Such information may include incorporation certificate, sales tax

certificate, medical license etc.

3. The User shall also comply with all the applicable laws and notifications issued

thereunder,including without limitationssuch notifications as may be issued by Reserve

Bank of India from time to time, Information Technology Act, 2000 as amended by the

Information Technology (Amendment) Act 2008, the rules, regulations, guidelines and

clarifications framed thereunder, including the (Indian) Information Technology

(Reasonable Security Practices and Procedures and Sensitive Personal Information)

Rules, 2011 (the “SPI Rules”), and the Drugs and Cosmetics Act, 1940 and rules made

thereunder including the Medical Devices Rules, 2017.

4. PinkBlue is not a retail dealer, distributor or pharmacy and most of the products listed are

not meant for sale directly from us. We are a technology platform that only connects the

Vendors, Pharmacies and the Customer who seeks the services of a Pharmacy. PinkBlue

is primarily focused on helping Pharmacies by providing them software to manage their

day to day operations, purchase products from vendors and sell to their consumers.

PinkBlue verifies the credentials of every Pharmacy before they transact with other

entities (Vendors or Customers). To verify your credentials, you are required to supply us

with (i) Pharma Drug License. Additionally, We may ask for your GST registration

certificate and/or such other documents that it deems necessary for the purpose of

particular transaction. In cases where the credentials may not be established clearly,

PinkBlue reserves the right to cancel the registration of such User on the Platform and

any order that may have been placed by such User without refunding any payments

which may have been made against the order. Users shall also be duty-bound to ensure

that they are eligible as per the terms and conditions, to use the Platform.

5. User Account, Password, and Security:

1. In consideration of your use of the Platform, you agree to (a) provide accurate, current

and complete information about you as may be prompted by any registration forms on the

Platform (“Registration Details”); (b) maintain and promptly update the Registration

Details, and any other information you provide to Company, to keep it accurate, current

and complete.

2. You will receive a one time password upon completing the Platform 's registration

process. You are responsible for maintaining the confidentiality of the one time password

and account, and are fully responsible for all activities that occur under your password or

account. You agree to (a) immediately notify PinkBlue 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.

6. Communications:

When you use the Platform 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. You further agree to receive

transactional SMSs, Whatsapp messages and emails from us, with updates about your

transactions.

7. Services Offered:

1. Pinkblue creates an online store for the Pharmacy who use the Platform to manage their

products offered, manage inventory, manage their online orders, capture the contact

details of their customers and manage them, send communication via sms to their

customers to promote the store etc.

2. Pinkblue facilitates the use of this online store (managed by the Pharmacy), by the

Buyers to enquire about the Products displayed by a Pharmacy and place an enquiry order

to the Pharmacy who verifies, confirms and then supplies the products directly to the

Buyer.

3. Pinkblue also offers a marketplace solution for the Pharmacy, which allows them to

purchase the Products from different Vendors, send out their Purchase Orders , make

Payments to them via UPI or NEFT or Credit/Debit Cards, etc.

8. Privacy Policy:

The User hereby consents, expresses and agrees that he has read and fully understands the

further consents that the terms and contents of such Privacy Policy are acceptable to

him/her.

9. User Conduct and Rules:

1. The User shall at all times while accessing and/ or using the services of this Platform

abide by the following principles.

2. The User shall not host, display, upload, modify, publish, transmit, update or share

any information, including but not limited to, content, image or graphic, which:

1. belongs to another person and to which the User does not have any right

to;

2. is grossly false, inaccurate, harmful, harassing, abusive, blasphemous,

defamatory, obscene, pornographic, paedophilic, libellous, invasive of

another's privacy, hateful or racially, ethnically objectionable, disparaging,

relating or encouraging money laundering or gambling, or otherwise

unlawful in any manner whatever; or unlawfully threatening or unlawfully

harassing in any manner, whatsoever;

3. is misleading or harms minors in any way;

4. is patently offensive to the online community, such as sexually explicit

content or provides material that is violent or otherwise inappropriate or

solicits personal information from anyone or provides content that

promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm

of any kind against any group or individual;

5. involves the transmission of "junk mail", "chain letters", or unsolicited

mass mailing or "spamming";

6. infringes upon or violates any third party's rights, including, but not limited

to, intellectual property rights, which includes patents, trademarks,

copyrights or other proprietary rights, rights of privacy (including without

limitation unauthorized disclosure of a person's name, email address,

physical address or phone number) or rights of publicity;

7. contains restricted or password-only access pages, or hidden pages or

images (those not linked to or from another accessible page);

8. provides information violating someone's privacy, or provides or creates

computer viruses;

9. contains video, photographs, or images of another person, without that

person’s consent; impersonates another person;

10. tries to gain unauthorized access or exceeds the scope of authorised access

to the Platform or to profiles, account information, or other areas of the

Platform or solicits passwords or personal identifying information for

commercial or unlawful purposes from other Users;

11. interferes with another User's use and enjoyment of this Platform or refers

to any other website or URL or App, that in PinkBlue’s sole discretion,

contains material that is inappropriate for this Platform or any other

website or App, contains content which is prohibited or violates the letter

or spirit of these Terms of Use;

12. violates any law for the time being in force;

13. deceives or misleads the addressee and/ or other Users about the origin of

such messages or communicates, or contains any information which is

grossly offensive or menacing in nature;

14. contains software viruses or any other computer code, files or programs

designed to interrupt, destroy or limit the functionality of any computer

resource;

15. threatens the unity, integrity, defence, security or sovereignty of India,

friendly relations with foreign states, or public order or causes incitement

to the commission of any cognizable offence or prevents investigation of

any offence or is insulting for any other nation.

1. The User shall not use the Platform for any unlawful and fraudulent purposes, which may

cause annoyance and inconvenience and abuses any policy and rules of PinkBlue and/ or

interrupt or causes to interrupt the use of this Platform by other Users.

2. The User shall not use any false e-mail address, impersonates any person or entity, or

otherwise misleads PinkBlue by sharing multiple address and phone numbers or

transacting with malafide intentions.

3. The User shall not attempt to gain unauthorized access to any portion or feature of the

Platform, or any other systems or networks connected to the Platform or to any server,

computer, network, or to any of the services offered on or through the Platform, by

hacking, password "mining" or any other illegitimate means.

4. The User shall not pretend that User is, or that User represents, someone else, or

impersonate any other individual or entity.

5. The User shall not use any deep-link, robot, spider or other automatic device, program,

algorithm or methodology, or any similar or equivalent manual process, to access,

acquire, copy or monitor any portion of the Platform or its content, or in any way

reproduce or circumvent the navigational structure or presentation of the Platform,

materials or its content, to obtain or attempt to obtain any materials, documents or

information through any means not specifically made available through the Platform.

6. The User shall not create liability for PinkBlue or cause PinkBlue to lose (in whole or in

part) the services of the PinkBlue’s internet service provider ("ISPs") or other suppliers.

7. The User shall at all times abide by the requirements of the Information Technology Act,

2000 and the rules, regulations, policies, guidelines, bye laws and notifications made

thereunder and/ or any law which is applicable for the time being in force while

uploading any content, accessing, or using the services offered by this Platform. The User

hereby unequivocally declares that in case of violation of any of the provisions of the

Information Technology Act, 2000 and/ or rules, regulations, bye-laws, policies,

guidelines and notifications made thereunder and/ or any law which is applicable for the

time being in force, the User shall be solely responsible at his/ her own costs for all acts,

deeds and things and the User shall be liable for any kind of civil or criminal liability

there under.

8. In the event of the User not complying with these requirements, PinkBlue shall have the

right to immediately terminate the access or usage rights of the User to the Platform and

remove any non-compliant information.

9. 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 Platform is not permitted.

10. User Warranty and Representation:

The User guarantees, warrants, and certifies that the User is the owner of the content which the

User submits or is otherwise authorised to use the content and that the content does not

infringe upon the property rights, intellectual property rights or other rights of others. The

User further warrants 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 the User in connection with the

Services rendered or Products sold by PinkBlue.

11. Buyer Warranty and Representation :

The Pharmacy guarantees, warrants, and certifies that the Product(s) on the Platform can only be

purchased by registered Pharmacy that has all the valid licenses.

12. Exclusion of Liability Regarding Description of Products:

1. PinkBlue only facilitates the transactions between Vendor and Pharmacy and Pharmacy

and Buyer and does not carry any liability on the products delivered to either the

Pharmacy or the Buyer. PinkBlue does not guarantee that the Product delivered to the

Buyer shall correspond exactly with the name, description or image displayed on the

Platform. All images and descriptions of Products are purely for illustration and reference

purposes. PinkBlue does not accept responsibility for differences between the Product on

the Platform and the actual appearance of the Product delivered. The quality of any

Product, Service, information, or other material purchased or obtained by you through the

Platform may not meet your expectations. PinkBlue does not provide or make any

representation, warranty or guaranty, express or implied about the Services or Products.

PinkBlue 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 Platform.

2. You shall check and confirm the colour/model/version/expiry period and any other such

particulars of the Products before placing the order. PinkBlue accepts no liability for any

errors or omissions, whether on behalf of itself or third parties.

3. 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 with the Vendor or the

Pharmacy. PinkBlue only may facilitate this communication through its Platform but will

not carry any liability for the same.

4. PinkBlue will not be liable to replace the Products and the liability to replace any such

Product is that of the Vendor or the Pharmacy. Any or all claims in relation to returns and

replacement shall be made to the concerned Vendor or Pharmacy only and not PinkBlue.

However, PinkBlue may assist the Pharmacy or the Buyer in lodging a complaint to get

the Product replaced or serviced.

13. Intellectual Property Rights:

1. All content included on the Platform, such as designs, text, graphics, pictures, video,

information, applications, software, music, sound and other files, and their selection and

You acknowledge and agree that you shall not use, reproduce or distribute any Site

Content from the Platform belonging to PinkBlue.

2. All products listed on the web-site are independently acquired from distributors and/or

suppliers of the same. The trademark and other IP used in relation to such products

are the property of their respective trademark holders. PinkBlue is not affiliated, endorsed

or sponsored by these trademark holders.

3. 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 Platform, 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 Platform.

14. Links to Third Party Sites:

The Platform may contain links to other websites (“Linked Sites”). The Linked Sites are

not under the control of PinkBlue or the Platform and PinkBlue 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. PinkBlue is not responsible for any form

of transmission, whatsoever, received by you from any Linked Site. PinkBlue is providing

these links to you only as a convenience, and the inclusion of any link does not imply

endorsement by PinkBlue 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.

15. Disclaimer Of Warranties/Limitation Of Liability:

1. PinkBlue endeavours to ensure that all the information on the Platform is correct, but

PinkBlue neither warrants nor makes any representations regarding the quality, accuracy

or completeness of any data, information, Product or Service.

2. In no event shall PinkBlue be liable for any direct, indirect, consequential, exemplary,

punitive, incidental, multiple, 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 Platform or Service or any claim arising out of or in connection to the

Products sold on the Platform.

3. PinkBlue shall not be responsible for any claims arising out of the use of the Platform,

whether based on contract, tort, negligence, strict liability or otherwise. Further, PinkBlue

shall not be held responsible for non-availability of the Platform during periodic

maintenance operations or any unplanned suspension of access to the Platform that may

occur due to technical reasons or for any reason beyond PinkBlue's control.

4. PINKBLUE SHALL NOT BE LIABLE FOR BREACH OF ANY WARRANTY

SERVICED BY THE PRODUCT MANUFACTURER. ANY WARRANTY

SERVICED BY A PRODUCT MANUFACTURER SHALL BE THEIR SOLE

RESPONSIBILITY AND THEY SHALL ACCORDINGLY BE LIABLE FOR ANY

BREACH OF SUCH WARRANTY.

5. The User understands and agrees that any material and/or data downloaded or otherwise

obtained through the Platform 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.

6. User downloads information from this site at this own risk. Platform makes no warranty

that downloads are free of corrupting computer codes, including, but not limited to,

viruses and worms.

7. 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.

8. You understand and agree that the Service and the Products provided are on an “AS IS”

and “AS AVAILABLE” basis and that PinkBlue does not assume any responsibility for

prompt or proper delivery, or retention of any User information or communications

between Users. PinkBlue 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. PinkBlue 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) the results 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, and (v) any errors in the software will be corrected.

9. No advice or information, whether oral or written, obtained by you from PinkBlue or

through or from the PinkBlue Service shall create any warranty not expressly stated in

these Terms.

16. Indemnification:

You agree to indemnify PinkBlue 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

PinkBlue 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.

17. Ordering:

1. Orders by Buyers, Pharmacy and/or Users are subject to acceptance by Pharmacy or

Vendor as per the availability of the Product. If a Buyer/Pharmacy/User places an order

on PinkBlue’s Platform, this shall constitute acceptance of these Terms as listed on

Platform by the User. No terms and conditions that either vary or are contrary to these

signed by PinkBlue.

18. Cancellation, Return & Replacement Policy:

1. PinkBlue will not be liable to replace the Products and the liability to replace any such

Product is that of the Vendor or the Pharmacy. Any or all claims in relation to returns and

replacement shall be made to the concerned Vendor or Pharmacy only and not PinkBlue.

However, PinkBlue may assist the Pharmacy or the Buyer in lodging a complaint to get

the Product replaced or serviced.

2. Pinkblue will not be liable in case there is a cancellation of certain Products or entire

Order by the Vendor or the Pharmacy. However, PinkBlue may assist the Pharmacy or

the Buyer in lodging a complaint regarding the cancellation

19. Payment, Pricing & Promotions:

1. You shall be solely responsible for compliance of all applicable Indian laws while

making payments on the Platform

2. Invoices will be provided by the Vendor or the Pharmacy directly to the User and

PinkBlue doesn’t hold any responsibility in providing the invoice and may only facilitate

the communication of Invoice or Invoice Value to the User.

3. Prices for Products are described on our Platform and are incorporated into these Terms

by reference. All prices are in Indian rupees. Due to manufacturers’ batch level price

fluctuations or other events outside of PinkBlue’s reasonable control, pricing is subject to

change without prior notification. PinkBlue does not hold any responsibility if the

Vendor or the Pharmacy changes the price at the time of supply. Prices, Products and

Services may change at PinkBlue’s discretion.

4. There may be special contests, referral programmes, loyalty programmes and

promotional activities (“Offers”) conducted by PinkBlue directly or on behalf of a

Vendor or Pharmacy. Any such Offer may result in the User receiving discounts,

coupons, vouchers, special offers etc(“Rewards”). PinkBlue reserves the right to accept

or reject any User’s participation in such Offers at its sole discretion.

5. Such Rewards can only be applied 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. PinkBlue

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.

6. Such Rewards may or maynot be transferred, or be redeemed against cash as per

PinkBlue’s discretion. PinkBlue shall not be responsible to compensate you in any

manner for the unused/invalidated Rewards including providing an alternate Reward.

7. Each Reward is good for one-time use only. You will not be able to split the value of a

Reward across multiple payments or using more than one Reward at a time.

8. While availing any of the payment method/s available on the Platform, PinkBlue will not

be responsible or assume any liability, whatsoever in respect of any loss or damage

arising directly or indirectly to you due to lack of authorization for any transaction/s, or

exceeding the preset limit mutually agreed between you and "Bank/s", or any payment

issues arising out of the transaction, or decline transaction for any other reason/s.

9. All payments made against the purchases/services on Platform by you shall be

compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate

any transactions with respect to any other form of currency with respect to the purchases

made on the Platform.

10. Before Vendor or Pharmacy ships / delivers your order to you, PinkBlue 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.

20. Credit Purchases:

1. PinkBlue does not offer any credit facility to any Users. Based on pre-determined

criteria, PinkBlue may suggest giving credit to certain users but the final decision

to offer the credit facility is solely at the discretion of the Vendor or the

Pharmacy. PinkBlue will not carry any liability on the credit provided and may

only facilitate the transactions. PinkBlue is free to revoke the Credit facility

offered to any User, at any point in time, without offering any explanations.

21. Fee Policy:

Membership on the Platform is free for Users currently. PinkBlue does not charge any fee for

browsing and buying on the Platform currently. However, PinkBlue reserves the right to

change its Fee Policy from time to time. PinkBlue may at its sole discretion introduce new

services and modify some or all of the existing services offered on the Platform. In such an

event PinkBlue 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 Platform and such changes shall automatically become effective

immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be

quoted in Indian Rupees.

22. Shipping and Transfer of Title & Risk:

Title of the Product/s and risk of loss for all Product/s ordered by you shall pass on to you upon

PinkBlue's delivering the Product/s to the shipping carrier for the purpose of delivery to the

Buyer.

23. Termination:

1. PinkBlue may suspend or terminate your use of the Platform or any Service if it in its

sole and absolute discretion, believes that you have breached, violated, abused, or

unethically manipulated or exploited any of these Terms or anyway otherwise acted

unethically.

2. Notwithstanding Section 23.1 above, these Terms will survive indefinitely unless and

until PinkBlue chooses to terminate them.

3. If you or PinkBlue terminate your use of the Platform or any Service, PinkBlue may

delete any content or other materials relating to your use of the Service and PinkBlue will

have no liability to you or any third party for doing so.

4. 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.

24. Governing Law:

1. Terms shall be governed by and construed in accordance with the laws of India and

disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the

courts at Bangalore.

2. Any dispute or claim relating to the services rendered by the Platform, its enforceability

or termination under these Terms and/ or other policies available on the Platform shall be

governed by the Arbitration and Conciliation Act, 1966 by a sole arbitrator, who shall be

appointed by PinkBlue. The place of Arbitration shall be Bangalore and the language of

proceedings shall be English.

25. Severability:

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.

26. Disclaimer:

At present, Medical Device Rules 2017 do not prohibit the sale of any item listed on this Platform.

However, if the Medical Device Rules 2017 are subsequently revised to include any item

currently sold on our Platform, then such items shall not be available to the Users and any

monies paid for the prohibited item shall be refunded to the respective User.

27. Report Abuse:

As per these Terms, Users are solely responsible for every material or content uploaded on to the

Platform. 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 support@pinkblue.in