Terms & Conditions

Terms and Conditions:

Ashton India Private Limited has made and will continue to make great efforts to include accurate and up-to-date information on our website. However, Ashton India Private Limited makes no warranties or representations, express or implied, as to the accuracy or completeness of the information contained or referenced therein. You agree that your access and use of our websites and the content of the sites is at your own risk. Neither Ashton India Private Limited nor any other party involved in creating, producing or delivering our websites shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use the websites, or any errors or omissions in the content of the websites.

 

Security:

Some services are intended by us to require a user-ID and password to access and use. Certain services may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the user-IDs, passwords and codes (collectively, “IDs”) assigned to or created by you, (2) paying any charges, damages, or losses that may be incurred or suffered as a result of the failure of you or your agents or representatives to maintain the strict confidentiality of IDs, and (3) promptly informing us in writing of any need to deactivate an ID due to security concerns. We are not liable for any harm resulting from or relating to the theft or unauthorized use of your IDs, your disclosure of your IDs, or your authorization to allow another person or entity to access and use the website using your IDs. You agree to immediately notify us of any unauthorized use of your IDs.

 

Medical Disclaimers:

We do not give medical advice, nor do we provide medical or diagnostic services.

The content available through the website is for informational and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. Your reliance upon content obtained by you at or through the site is solely at your own risk. As with all health and medical matters, you should exercise great care in using the information provided in this website or available through links from this website. We cannot and do not review all of the information communicated to you directly or indirectly, or posted on this website and we are not responsible for the content of that information.  None of the information that you receive by email, in a chat room, or bulletin board, or in an online real-time forum should be considered by you as medical advice or opinions, as a medical diagnosis, or as a suggested course of treatment.

 

General Disclaimers:

The site provided to you on an “As is, with all faults” basis, and your use thereof is at your own risk. We make no warranties of any kind, either express or implied including without limitation, the implied warranties of merchantability, fitness for particular purpose, title, or non-infringement, or warranties arising by course of dealing or custom of trade at your own. We make no warranties of merchantability, fitness for a particular purpose, title, or non-infringement, or warranties arising by course of dealing or custom trade.

Without limiting the foregoing, we make no representation of warranties that your access to use of the site will be uninterrupted, undelayed, uncorrupted, or error-free, free of viruses, unauthorized code, or other harmful components or is secure. You are responsible to take all precautions you believe necessary or advisable to protect you against any claim, damage, and loss of hazard that may arise by virtue of your use of the site.

 

Warranty:

All Medical Disposable Products sold by Ashton India Private Limited once sold can’t be returned or replaced due to medical hygiene issues and hence don’t have any warranties. All remaining products have 1 year warranty from the purchase date.

 

Limited Use License:

Ashton products are only designed to give accurate results when used as per the proper instructions provided with the products and with the use of correct accessories. We shall not be liable for any damage whatsoever if loss or another injury occurs due to improper usage methods or use of non-compatible accessories with Ashton products.

 

Indemnity:

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of the terms of this Agreement, (2) your unauthorized or unlawful use of the website, and (3) the unauthorized or unlawful use of the website by any other person using your IDs.

 

Entire Agreement:

This Agreement, including the Legal and Privacy Policy, and any other notices, policies, rules, or agreements incorporated into this Agreement by reference, contains the entire agreement between you and us relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any of our employees. We reserve the right to make changes to this Agreement at any time without advance notice. We agree to post all amended forms of this Agreement on the website and such amended forms shall be effective immediately upon its posting. Such amended forms shall be deemed to have been accepted by you by your continued use of the website. It is at all times your responsibility to read the most current form of this Agreement before using the website to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.

 

No Agency:

You and Ashton India Private Limited are independent contractors or entities, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

 

Notices:

Ashton India Private Limited

A-37, 1st Floor, DSIIDC Packaging Complex

Kirti Nagar, New Delhi 110015

India

 

Termination:

Your right to access and use the website immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and/or your right to use the website at any time, with or without cause. Upon any termination of this Agreement and/or your access to the website, you must immediately destroy any copies you have made of any portion of the content. We reserve the right to discontinue or make changes to the website and content at any time without notice.

 

Governing Law and Consent to Jurisdiction:

The obligations, performance, interpretation and contents shall be governed by Indian law. Any dispute arising out of or related to or connected with any provisions under this Agreement shall be referred exclusively to courts of New Delhi, India.

 

Time Limit on Claims:

Any claim, dispute, action, suit or litigation under or in connection with this Agreement or any user’s access to or use of the website that is not filed and served within one (1) year after the event or occurrence on which the claim, dispute, action, suit or litigation allegedly is based shall be barred, and may neither be brought before any court, tribunal, arbitrator, government agency or otherwise, nor asserted in any other action or suit, whether as a claim, defense or counterclaim. You specifically agree that this limitation on asserting claims under this Agreement is reasonable. The foregoing shall neither apply to any claim by us or any content provider alleging any infringement of copyrights or any other proprietary rights or a violation of this Agreement, nor limit nor prevent our termination of this Agreement and your access to the website at any time.

 

Other:

We may assign this Agreement, in whole or in part, in our sole discretion. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by us of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. You acknowledge that your access to and use of the website depends on a medium over which we have no jurisdiction or control, and we are not responsible for any failure to perform or to provide the website as a result of any failure of the medium or any other matter beyond our control.

 

Links to Third Party Websites:

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).