This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy policy and Terms of Use for access or usage of the primehealers.com website.
The domain name primehealers.com (hereinafter referred to as “Website”) is owned by Alerthands Healthcare Services Pvt. Ltd. incorporated under the Indian Companies Act 2013 with its registered office at #281, 5th B cross, income tax layout, 8th block, Nagarbhavi 2nd stage- 560072, India (hereinafter referred to as “Alerthands Healthcare”).
“We/we” or “Our/our” or “Us/us” or “Alerthands Healthcare” or “Company” or “Lessor” refers to Alerthands Healthcare and shall include its successors and assignees. “Website” or “Site” or “App” shall mean primehealers.com and such other websites and mobile applications as may be developed by Alerthands Healthcare from time to time. “You” or “Your” or “Yourself” or “User” or “Lessee” shall mean reference to the Prospect or Customer or his/her representative and any other user accessing the Site and/or registering on the site.
Violation of the Rental Agreement below including ‘Theft’ of the product will invite Civil and Criminal action initiated by Alerthands Healthcare against the user including but not limited to filing a First Information Report (“FIR”) with the police and pursuance of the case amongst other recourses and damages that the Company can seek.
The parties to this agreement are the Lessor and the Lessee where Alerthands Healthcare is the Lessor & the user of the website is the Lessee. The terms of this rental agreement (herein referred to as ‘Agreement’) constitute a contract between the parties herein named. The Lessor provides the services of providing products across multiple categories on rent for specific durations of time whilst the Lessee hires these services on their own free will on payment of a rental fee and/or security deposit to the Lessor on the following terms and conditions which constitute this agreement.
On receipt of the order, the rental fee and the refundable deposits, the Lessor shall confirm the order to the Lessee by sending a confirmation to the registered e-mail address of the Lessee or through WhatsApp.
The order raised by the Lessee shall be further processed subject to successful verification of the KYC of the Lessee and serviceability of the delivery location of that order by the Lessor. In case the KYC verification is not successful, or the location is not serviceable by the Lessor, the Lessor reserves the right to reject the Lessee’s order any time prior to the delivery date and start time of that order.
In the event, any product selected by the Lessee is unavailable, the Lessor shall inform the same to the Lessee and offer alternative products for rental in lieu of the payments made by the Lessee for the original product. The Lessee has the option to either accept or deny such alternative products. In case the Lessee denies accepting an alternative product, the Lessor shall refund the Rental fee and security deposit to the Lessee and cancel the order. The Lessor will not be responsible for any loss, damages, consequential or inconsequential in nature caused to the Lessee due to the cancellation of any order for any reason.
Based on the condition of the product as evidenced by the product photos taken at time of delivery, pickup and the working condition of the product as ascertained by the physical examination of the product on return, the Lessor will ascertain the extent of damage and repairs (hereinafter referred to as ‘repair cost’), if any, required to the product. This repair cost will be communicated to the Lessee. Pls note the Lessor will not be able to provide a breakup of the repair cost, just the total amount, which will be final. The Lessor hereby clarifies that they are not concerned with and will not entertain estimates from other service providers/ examine other alternatives for repair of the products.
For normal wear and tear of the product which is reasonable to assume for the period of rental by the Lessee, no charges are levied.
For any cosmetic damage not hampering the working of the product, actual repair costs or a maximum of 25% of the MRP of the product (whichever is lower) will be charged.
For any damages which hamper the functioning of the product, actual repair costs or the MRP of the product in the Lessors books will be charged (whichever is lower).
For damages where the product is non-functional and/or render the product unusable the MRP of the product will be charged.
For non-return of the product to the Lessor within 72 hours of the end of the rental period the same will be treated as ‘THEFT’ of the product. The MRP of the product + 30% penalty of this price will be charged to the Lessee. Delay in payment of this charge beyond 7 days of it being levied will attract a further penalty of Rs.100 per day till the payment is made.
Non-return and non-payment of any of the above referred to charges will be treated as theft of the product by the Lessee and will invite Civil and Criminal action initiated by the Lessor against the Lessee including but not limited to filing a First Information Report (“FIR”) with the police and pursuance of the case amongst other recourses and damages that the Lessor can seek.
Cancellations: If the rental booking is cancelled 8 hours prior to the delivery time of that order the Lessee will be eligible for a 50% refund of the paid rental fee and full security deposit (where applicable).
If the rental booking is cancelled within 8hrs prior to start of delivery time unfortunately no refund of the rental fee will be provided whilst the full refund of security deposit will be processed.
The above cancellation policy is due to the fact that on receiving a booking the inventory is blocked for the selected rental period chosen by the Lessee and is not made available to any other user for that period.
Returns and cancellations due to non-working condition of the product during the rental period: If the product is not working, the Lessee will be responsible to notify the Lessor as soon as this comes to their attention. The Lessor will attempt to resolve the problem and get the product to start and/or will send their product associate to examine the item. If the product is not working (barring due to any damage or actions caused at Lessee’s end) the Lessor will take the product back and refund the rental payment and security deposit paid for that item by the Lessee.
The Lessor will not be responsible for any loss, damage, suffering or any consequences arising due to the non-working condition of any product. The Lessee shall make alternative arrangements or backups of the product in case of vital instruments such as respiratory aid equipment, vital signs monitoring products to prevent any sufferings or consequences.
Amendments to the order: If the number of days of rental are being looked to increase, there is no amendment charge. If the product is available for the further days that the Lessee seeks the Lessee can extend the rent period on payment of the applicable additional rental fee.
The Lessee shall indemnify, defend and hold the Lessor and their Vendors harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to attorneys’ fees and costs) for any product damage or injury to any living being arising from the Product during the period that the Lessee has rented out the product and till such time that the product stays in the possession of the Lessee. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall the Lessor be liable for any direct, indirect, special, consequential or inconsequential loss or damage arising out of the Lessee’s use of the Product.
The Lessee agrees that the Website, including but not limited to the scripts and software used to implement the Website, is owned by the Lessor. The Lessee expressly agrees and undertakes that they will not use such proprietary information or material in any way whatsoever except for use of the Website in compliance with the terms of this Agreement. The Lessee shall not use the name, trademarks or logos of Prime Healers, Alerthands Healthcare, primehealers.com, without the Lessor’s prior written consent. Nothing contained herein should be deemed to be an assignment or transfer of any intellectual property right in the Lessee’s favour.
The Lessee may deactivate their account and discontinue use of the Lessors Services at any time. In order to deactivate your account/service, please write to info@primehealers.com.
The Lessor may append or terminate the Lessee’s use of the website for any other reason as determined by the Lessor at its sole discretion. If the Lessee or due to the Lessor terminating their account, the Lessor may delete or continue to use any content or other materials relating to the Lessee’s use of the Service, even after such deactivation and the Lessor will have no liability to the Lessee or any third party for doing so.
Even after deactivation of the Lessee’s account, the Lessee shall be liable to pay any and all pending dues in relation to the Service or Products ordered prior to termination/deactivation, including but not limited to rental fees and any charges levied on the Lessee.
The Lessee represents and warrant that if they are making any payments to the Lessor, that;
Any credit, debit, net banking, wallet or any other mode of transfer information supplied by the Lessee is true and complete
Charges incurred by the Lessee will be honored by the Lessee’s credit card/debit card/banking company
While availing the payment method/s available on the Website or App, the Lessor shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Lessee due to any actions pertaining to the payment undertaken/ attempted to be undertaken on the website including any payment issues arising out of the transaction, or decline of transaction, for any reasons.
All payments made against the purchases/services from the Lessor shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Lessor will not facilitate a payment with respect to any other form of currency.
By making a payment, the Lessee has specifically authorized the Lessor and/or its service providers to collect, process, facilitate and remit payments. The Lessee understands, accepts and agrees that the payment facility provided by the Lessor is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Website or App using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing this Payment Facility, the Lessor or its service providers are neither acting as trustees nor acting in a fiduciary capacity with respect to the payment.
Transactions, Rental Fee, Refundable deposits and all commercial terms such as Delivery, Dispatch of Products and/or Services are as per principal to principal bipartite contractual obligations between the Lessor and the Lessee and the payment facility such as the payment gateways deployed on the Website is merely used to facilitate the completion of the Transaction. Use of the payment facility or incomplete transactions on the payment gateways shall not render the Lessor liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, or warranty services or fraud as regards the products and /or services listed on the Website.
Information relating to electronic transactions entered into via the Website shall be protected by encryption technology. The Lessor has partnered with secure payment gateways i.e. PayU money and Razorpay. The Lessor, Website does not have the ability to interfere and do not interfere with the payment gateway mechanism. The Website has no access to confidential information that you may enter for making the payment through the payment gateway. The Lessee’s transaction and banking details or other information as required for internet banking or other payment instruments is held by the Payment Gateway partner. By creating a link to a payment gateway, the Lessor does not endorse the payment gateway, nor are they liable for any failure of products or services offered by such payment gateway. Such payment gateway may have a privacy policy different from that of the Lessor. All failures/ errors/ omissions of the payment gateway shall be solely on the payment gateway. The Lessee hereby consents that they shall not sue the Website or the Lessor for any disputes that they may have with the payment gateway for any wrongdoing of the payment gateway.
The Lessee, shall use the Services of the Lessor strictly in accordance with these Terms of Use. Without limiting the generality of the foregoing, the Lessee agrees that they shall not use the Services for any illegal or unauthorized purpose or to solicit the performance of any other activity which infringes the rights of the Lessor. In the course of the use of the Website, the Lessee hereby expressly agrees and undertakes that they shall not;
Host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which they do not have any right, is grossly harmful, harassing, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, racially, ethnically objectionable or otherwise unlawful in any manner whatever.
Use or send any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the website or any computer resource of the Lessor;
Use the Website to collect any personally identifiable information of any of the other users of the Website or any third parties (including account information, email addresses, etc.), whether for commercial purposes or otherwise.
At any time indulge in any spamming.
Use any “deep-link”, “page-scrape”, “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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
Probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. They will not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by them, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than their own information, as provided for by the Website.
Not make any negative, denigrating or defamatory statement(s) or comment(s) about the Lessor or the brand name or domain name used by the Lessor including the terms Prime Healers, staging.primehealers.com, Alerthands Healthcare Services or otherwise engage in any conduct or action that might tarnish the image or reputation of the website and the Lessor, tarnish or dilute any of their trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by them
Pretend that they are, or that they represent, someone else, or impersonate any other individual or entity.
The Lessor shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including to determine compliance with these Terms of Use, as well as to satisfy any applicable law, regulation or authorized government request.
Your conduct is subject to Internet regulations, policies and procedures and appropriate usage charges as charged by your service provider from time to time to you. The Company does not undertake or give any guarantee of connectivity or drop in links while you use the Website. You agree not to use or reference the Website for chain letters, junk text, notifications, alerts, junk mail, spamming or any use of distribution lists to any person without the specific written permission granted by the Lessor.
If the Lessee fails to observe, keep or perform any provisions of this Agreement, the Lessor shall have the right to exercise any one or more of the following remedies;
To seize any and all refundable deposits of the lessee which are with the lessor
To immediately take possession of the Product which might be in the possession of the Lessee without notice or demand to the Lessee.
To pursue Civil and Criminal action initiated against the Lessee amongst other recourses and damages that the Company can seek
To sue for and recover all rents, and other payments, including lost rental income, damage charges accrued or thereafter accruing
Hold the Lessee responsible and charge them for all legal fees and costs incurred by the Lessor in pursuance of any of the above remedies
To pursue any other remedy at law or in equity
Notwithstanding any repossession or any other action which the Lessor may take, the Lessee shall be and remain liable for full performance of all obligations to be performed by the Lessee under this Agreement. All of the Lessor’s remedies are cumulative, and may be exercised concurrently or separately.
Headings: The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of these Terms of Use.
Waiver: The failure of the Lessor at any time to require observance or performance by the Lessee of any of the provisions of this Agreement shall in no way affect the Lessor’s right to require such observance of performance at any time thereafter, nor shall the waiver by the Lessor of a breach of any provision hereof by the Lessee be taken or held to be a waiver of any succeeding breach of such provision. A waiver of any of the provisions herein by the Lessor shall not be deemed to be a continuing waiver but shall apply solely to the instances to which the waiver is directed.
Severability: Each and every obligation under this Agreement shall be treated as a separate obligation and shall be severally enforceable.
Pls contact us at info@primehealers.com if you have any questions concerning this Agreement and Terms & Conditions of Use.
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