Welcome to KARL STORZ Endoscopycare India Private Limited.

Please read these terms of use carefully before using or registering on this website or accessing any material, information or services through this website. By using this website you indicate your understanding and acceptance of these terms and you would be legally bound by the same. If you do not agree to these terms you may not use this website.

1. ACCEPTANCE

KARL STORZ India Endoscopy India Private Limited., a company having its registered office at 11th Floor, Dr Gopal Das Bhawan, Barakhamba, New Delhi 110001, India (hereinafter referred to as the “Company”) was incorporated on February 2, 1998 and is a 100% subsidiary of KARL STORZ SE & Co. KG (“KST”), Germany. The Company is engaged in trading of endoscopic instruments and providing after sales services to customers

The Websites and the Services are provided subject to KARL STORZ India Endoscopy India Private Limited Terms & Conditions for usage of the Websites and Services owned and offered by KARL STORZ India (hereinafter referred to as the "Terms"). For the purpose of the Terms and wherever the context so requires, the terms “you”, “your” or “the user” shall mean any person who uses the Websites or the Services in any manner whatsoever including any persons browsing the Websites and its content, any person placing an order for any/all of the Services offered on the Websites as a buyer (hereinafter also referred to as the “Buyer”), any person posting, listing or advertising its own products (including medical equipment’s and consumables) or other such services on the Websites (hereinafter also referred to as the “Vendor”),

By using the Services and by accessing the Websites, you agree to comply with these Terms. Additionally, when using any portion of the Services, you agree to conform to any applicable posted guidelines for such Services, which may change or be updated from time to time at the sole discretion of the Company. You understand and agree that you are solely responsible for reviewing these Terms in a periodic manner. Should you object to any term or condition of these Terms, any guideline, or any subsequent change(s) thereto or aren’t satisfied with the Company or its Services in any manner, your are obliged to immediately discontinue the usage of the Websites.

Any new features or tools which are added to the Websites shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. The Company reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to our Websites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Websites constitutes acceptance of those changes. These Terms shall apply to all users of the site, including without limitation to the users who are buyers, vendors and/ or any other visitor of the Websites.

2. DESCRIPTION OF SERVICE AND CONTENT POLICY

2.1. The Websites act as a marketplace to allow the users who comply with these Terms to buy products (including medical equipment’s and consumables) and services listed on the Websites. Although you may be able to conduct payment and other transactions through the Websites, using third-party vendors such as HDFC , the Company is not in any way in involved in such transactions apart from the fixed fee that the Company shall be charging for every transaction as applicable . On payment of such fee, KARL STORZ India shall facilitate the Buyers to avail services as listed against each of the product or services by the Vendors, which shall be informed before the Buyer purchases the products listed at the website.

2.2. You understand that the Company does not control, and is not responsible for any ads, directory information, business listings/information, messages between the users, including without limitation emails sent from outside the Company’s domain or other means of electronic communication, whether through the Websites or any other medium or software beyond the control of the Company or comments, files, images, photos, video, sounds, or any other material or content (hereinafter referred to as the "Content") made available through the Websites and the Services. However , the Company would regularly be scrutinizing the user postings, offerings, business listings/information and directory information in order to ensure that the quality of products and services that are made available through the Websites. Nevertheless, you acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you have option not to rely on said Content, and that under no circumstances will the Company be liable for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Websites or the Services. You acknowledge and agree that the Company cannot and does not pre-screen or approve any Content, but that the Company has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Websites or the Services, for violating these Terms and such violation being brought to the Company’s knowledge or for any other reason or no reason at all. Furthermore, your access any part of the Content which contains an external link to a website or software outside the control of the Company, would be subject to the terms and conditions and other policies of the external or Third Party websites or software’s. The Company makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such website or software, outside the Company’s control, and your access to such links is completely at your own risk and the Company shall not be responsible thereto.

2.3. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Websites or the Services and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Websites or the Services. In connection with such Content posted on, transmitted through, or linked from the Websites or the Services by you, you affirm, acknowledge, represent and warrant that you own or have and shall continue to, for such time the Content is available on the Websites, have the necessary licenses, rights, consents, and permissions to use such Content on the Websites or the Services (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize the Company to use such Content to enable inclusion and use, including any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content in the manner contemplated by the Websites or the Services and these Terms. The Company reserves the right to remove any Content without prior notice and the Company may also terminate any user's access to the Websites.

3. LISTING POLICY

You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:

(i) that violates any law or regulation;
(ii) that infringes intellectual property or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have necessary permission or an appropriate license to use the Content;
(iii) that you do not have a right to make available under any law or regulations for the time being in force within or outside India or any contractual or fiduciary relationship(s);
(iv) that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
(v) that harasses, degrades, intimidates, is hateful or is preferential or biased towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(vi) that 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
(vii) that includes personal or identifying information about another person without that person's explicit consent;
(viii) that impersonates any person or entity, including, but not limited to, the Company employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
(ix) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(x) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
(xi) that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
(xii) that includes links to commercial services or Third Party Softwares, except as specifically allowed by the Company;
(xiii) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource or that disrupts the normal flow, access or working of the Websites or that attempts to gain unauthorized access to any portion or feature of the Websites or the accounts and/or passwords connected to or accessible through the Websites or the server where the Websites are hosted by any means;
(xiv) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Websites or the Services. Additionally, you agree not to:
(i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
(ii) make any libellous or defamatory comments or postings to or against anyone;
(iii) collect personal data about other users or entities for commercial or unlawful purposes;
(iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Websites or the Services, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
(v) post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
(vi) attempt to gain unauthorized access to computer systems owned or controlled by the Company or use any type of automated device or software that enables the submission of automatic postings on the Company without human intervention or authorship (an "automated posting device");
Notwithstanding anything mentioned above, the Company is not responsible for any Content on the Websites which is in violation of the Terms and you agree and assume all liability if such Content is used by you. Further you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company, i.e. KARL STORZ India with respect to the Content or any portion thereof present in the Websites which is in violation of the Terms or is inaccurate, offensive, indecent, harmful, or objectionable, defamatory or libellous to you.

4. USAGE OF WEBSITE

4.1. You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.

4.2. You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website and/or prohibited by law.

4.3. The Company 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 you/cardholder having exceeded the limits that may be mutually agreed by the Company with the concerned banks from time to time.

4.4. By accessing the Websites, you agree that in order to collect, aggregate, copy, duplicate, display or make derivative use of the Websites or the Services or any Content made available via the Websites for any purposes outside the scope that is envisaged by the Company, the Websites or these Terms, you would for every such instance first obtain a license from the Company.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. You acknowledge and agree that the Content on the Websites, is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

5.2. The trademarks, logos and service marks displayed on the Website (hereinafter referred to as the "Marks") are the property of the Company or the users or Buyers or Vendors or respective third parties who have posted the portion of the content containing their respective Marks. You are not permitted to use the Marks without the prior consent of the Company, the Buyer , the Vendor or the third party that may own the Marks.

5.3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company, i.e., KARL STORZ India owns all intellectual property rights to and into the trademark " KARL STORZ India " and/or other such Marks owned by the Company, the Content and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (including patent applications pending to be granted) and also the associated/necessary goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

5.4. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content or any portion thereof through any medium without obtaining the necessary authorization from the Company.

6. DEALINGS WITH THE COMPANY AND OTHE VENDORS

6.1. You acknowledge and agree that the Company shall not be liable for your interactions with any Vendors, of any services on the Websites. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other such Vendors, whether organizations or individuals.

6.2. You agree that these dealings are solely between you and such Vendors, the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions or services when rendered by the Vendors. If there is a dispute between participants on the Websites, or between users and any Vendor, you understand and agree that the Company is under no obligation to become involved in such dispute.

6.3. You agree that the Company’s role in case of the medical equipment products listed for sale by the Vendors, is to take the facilitation fee from the Buyer, inform or disclose the details of the Vendor of such products and facilitate the initialization of the transfer or payment of such product in reference to purchase by buyer. You agree that the Company shall not be and is not responsible for completion of financial transaction between You and Vendor.

6.4. You agree that the while availing the services listed by the Vendors, the Company’s role is only limited to that of a intermediary and only till the time the payment is made by the Buyer through the Websites, which is transferred to such Vendor by the Company. The Company shall not be and is not responsible for the accuracy, completeness or quality of the services or the products being offered by such Vendor in any manner whatsoever. You agree that availing of such service by a Vendor is completely at your risk and any loss or harm that may occur to you shall not claim against or seek indemnification from the Company with regard to such service.

7. DISCLAIMER OF WARRANTIES

7.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITES AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITES AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR OTHER PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

7.2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND THE SERVICES AND YOUR USE THEREOF.

7.3. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES OR THE CONTENT OF ANY THIRD PARTY SOFTWARES LINKED TO THE WEBSITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES AND/OR AVAILING OF SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, (IV) ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR ANY OF THE CONTENT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES OR THE SERVICE. FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE COMPANY'S CONTROL.

8. INDEMNIFICATION AND LIMITATIONS OF LIABILITY

8.1. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY (INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, OTHER USERS AGENTS AND EMPLOYEES) FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY THE COMPANY 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 OF USE. FURTHER, YOU AGREE TO HOLD THE COMPANY HARMLESS AGAINST ANY CLAIMS MADE BY ANY VENDOR DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITES OR AVAILING OF THE SERVICES, ANY CLAIM FOR DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

8.2. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITES OR THE SERVICES, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITES OR THE SERVICES, FROM INABILITY TO USE THE WEBSITES OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITES OR THE SERVICES.

8.3. NOTWITHSTANDING ANYTHING TO CONTRARY, THE COMPANY’S ENTIRE LIABILITY TO YOU UNDER T/HESE TERMS OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF MONEY PAID AS THE FACILITATION FEES OR PAYMENT THAT HAS BEEN MADE BY YOU FOR ANY SPECIFIC PRODUCT (WHETHER MEDICAL EQUIPMENT OR CONSUMABLE) OR SERVICE, UNDER WHICH SUCH LIABILITY MAY ARISE. IN CASE THE USER, AFTER PAYING THE NECESSARY FEE AS PER THE SCHEDULE OF CHARGES AND MEETING THE VENDOR OF PRODUCTS, DECIDES NOT TO CONTINUE WITH THE TRANSACTION, THE COMPANY, I.E., KARL STORZ INDIA SHALL BE REFUNDING THE FEE AS PAID AFTER DEDUCTING THE NECESSARY CHARGES , ON SUBMISSION OF NECESSARY DOCUMENTS CONFIRMING THE CANCELLATION OF TRANSACTION BY BOTH THE PARTIES.

8.4. THE TERMS AND CONDITIONS CONTAININED IN CLAUSE 8 OF THIS AGREEMENT AND THE SUB-CLAUSES THERETO INCLUDING INDEMNIFICATION OBLIGATION WILL SURVIVE TERMINATION, MODIFICATION OR EXPIRATION OF THESE TERMS AND YOUR USE OF THE WEBSITES AND/OR AVAILING OF THE SERVICES.

8.5. IF THE COMPANY TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE OF USE, THE COMPANY WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS' AND OTHER LEGAL FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE COMPANY.

8.6. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. ELIGIBILITY TO USE

9.1. The Websites and Services are not available to a minor under the age of eighteen (18) or to any user suspended or removed from the Company’s system by the Company for any reason whatsoever. If you do not conform to the above qualification, you shall not be permitted to avail of the Services or use the Websites. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India.

9.2. The Company reserves the right to refuse access to use the Services or the Websites to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

10. GENERAL PROVISIONS

10.1. Notice: All notices of the Company will be served by email or by general notification on the Website. Any notice provided to the Company pursuant to the Terms should be sent to contact information as mentioned in the Contact Us page.

10.2. Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking your consent.

10.3. Severability: If, for any reason, a Court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

10.4. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.

11. GOVERNING LAW

11.1. These Terms and all transactions entered into on or through the Website and the relationship between you and the Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.

11.2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website or the Services, the Terms or any transactions entered into on or through the Website or the relationship between you and the Company shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts.

Privacy Policy