Terms for Sale

These terms of offer for sale (“Terms For Sale“) between Primus Pathology & Diagnostics (hereinafter referred to as “Primus“) and the users of the Website (“You” or “Your” or “Yourself” or “User“) describe, inter alia, the terms for sale, purchase of services through the redemption of cash vouchers/ coupons (“Voucher/s“) or otherwise on the Website, www.primuspathology.com (“Website“). PLEASE READ THE TERMS OF OFFER FOR SALE CAREFULLY BEFORE AVAILING OF ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE OF THE SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF OFFER FOR SALE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. IN ADDITION TO THE FOREGOING, YOU SHALL ALSO BE BOUND BY THE TERMS OF USE OF THE WEBSITE, TERMS OF OFFER FOR SALE ISSUED BY THE VENDOR OR ADDITIONAL TERMS OF SERVICE WHICH ARE DISPLAYED WITH THE SELECTION OF THE PRODUCT, IF ANY (“ADDITIONAL TERMS“) AT THE WEBSITE. IF THERE IS ANY CONFLICT BETWEEN THE TERMS FOR SALE AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL TAKE PRECEDENCE CONCERNING THAT SALE. IF YOU DO NOT AGREE WITH THE TERMS FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.

1. Business
   1.1 The Website is a platform that facilitates the online sale and purchase of branded merchandise and services (“Services”) offered by Primus’s various affiliates/ registered merchants/ vendors/ service providers (“Vendor/s”). The Services are offered to the Users through various modes which shall include but not be limited to, the sale of Vouchers that can be redeemed for various products and services, sale of products etc. The Vendors are the sellers of products and services on the Website and will be solely responsible to You for the products sold or for the redemption of any Voucher.
   1.2You acknowledge that Primus has the right to change or discontinue any Service at any time, without notice. You further acknowledge that Primus may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that Primus may make to the Services. You agree that Primus shall not be liable to You or any third party for any modification, suspension or discontinuance of any aspect of the Services.
2. Vouchers
   2.1 In furtherance of the Services provided and the eligibility criteria stated under the Terms of Use located on the homepage, You shall be eligible to purchase Vouchers of a specific monetary value.
   2.2 Primus will facilitate the provision of the best, pre-negotiated deals for a particular product/service at a given price for a given place. Purchase of such Vouchers will be subject to the Terms of Offer for Sale and such other terms if any, as specified by the Vendor.
   2.3 Each Voucher will have the necessary redemption instructions printed on it. The Vouchers may contain an offer period or expiry date mentioned on it, You shall use them accordingly. Unless otherwise stated, You will not be entitled to receive any credit or cash-back for the value of the Voucher You don’t redeem or use within the stipulated period as mentioned in the Voucher, if any. You agree that the Voucher issued is specific to the product or service selected and cannot be used for the purchase of any other product or service as offered by the Website and cannot be used for the purchase of any other product or service and cannot be combined with other special offers or promotions that may be made available on the Website.
   2.4 On making payment for the Voucher through any mode, including and not limiting to cash on delivery, You will be issued a Voucher which must be presented to the venue/ store of the Vendor, according to which You can complete Your purchase of the relevant product or avail of the relevant service from such Vendor. The displayed price stated on the Voucher shall be inclusive of applicable taxes unless mentioned otherwise.
   2.5 Vouchers once sold are non-refundable, whether You use them or not. Only one Voucher is allowed per transaction.
   2.6 You agree that neither Primus nor the Vendors shall be liable in the event You lose, misplace or destroy Your Voucher at any time.
3. Services
   3.1 You should take all responsibility for your actions in utilizing the services purchased by you and Primus shall not be liable for any such action.
   3.2 You represent that you are of legal age to form a binding contract with Primus and are not a person barred from receiving services under the laws applicable in India.
   3.3 You confirm that Primus shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Website.
   3.4 Primus does not offer any refunds against any services already purchased from the Website unless any error has occurred during the purchase or redemption of such services which is directly attributable to Primus.
4. Pricing Information
   4.1 Primus strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, Primus does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you.
   4.2 While Primus strives to provide accurate products, services and pricing information, typographical and other errors may occur. If a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Primus may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Primus will have the right to modify the price of the product or service and contact You for further instructions via the e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Primus cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
5. Credit Card Details
   In certain cases, specifically concerning particular products/ services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard, You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required concerning fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Primus expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
6. Shipping Address
   Your shipping address and pin code will be verified with the database of Primus before You proceed to pay for Your purchase. In the event case, your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/merchant’s delivery list. In case there is any dispute regarding any services for the area not covered by Primus, in such cases, Primus will not be responsible for the non-delivery. Primus doesn’t deliver items internationally. However, you can make purchases on the website from anywhere in the world but at the same time ensure the shipping address is within India.
7. Cancellation
   7.1 Cancellation by Primus: There may be certain orders that Primus is unable to accept and must cancel. Primus reserves the right, at Primus’s sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being canceled include, without limitation, non-availability of the product or quantities ordered by You, non-availability of the service, inaccuracies or errors in pricing information, or problems identified by Primus’s credit and fraud avoidance department. Primus may also require additional verifications or information before accepting any order. Primus will contact You if all or any portion of Your order is canceled or if additional information is required to accept Your order. If Your order is canceled after Your credit card has been charged, the said amount will be reversed back into Your credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Primus.
   7.2 Cancellation by the User: In case of requests for order cancellations, Primus reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Primus receives a cancellation notice and the order has not been processed/ approved by Primus, Primus shall cancel the order and refund the entire amount to You within a reasonable period. Primus will not be able to cancel orders that have already been processed. Primus has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Primus and accept Primus’s decision regarding the cancellation.
   7.3 Primus reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Primus as per certain criteria. Any Primus Reward Point or Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets the below-mentioned criteria, which may not be exhaustive, viz: Products ordered are not for self-consumption but for commercial resale Multiple orders placed for same product at the same address Bulk quantity of the same product ordered Invalid address given in order details Any malpractice used to place the order
8. Disclaimer
   8.1 PRIMUS DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. PRIMUS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO THE VENDOR’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND PRIMUS DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. PRIMUS ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.
   8.2 PRIMUS SPECIFICALLY DISCLAIMS ANY LIABILITY CONCERNING ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND PRIMUS SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
9. Indemnification and Limitation of Liability
   9.1 You agree to indemnify, defend and hold harmless Primus 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 Primus that arise out of, result from or may be payable under, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You according to these Terms of Offer For Sale or any Additional Terms applicable to the purchase of products and services on the Website.
   9.2 In no event shall Primus, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Primus has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Primus’s entire liability to You under this Terms of Offer for Sale or otherwise shall be the refund of the money charged from You for any specific Voucher or product or service, under which the unlikely liability arises.

    

10. Governing Law
10.1These Terms of Offer For Sale and the relationship between You and Primus shall be governed under the laws of India without reference to conflict of laws principles.
10.2 You agree that all claims, differences and disputes arising under or in connection with or concerning the Terms of Offer For Sale or any transactions entered into on or through the Website or the relationship between You and Primus shall be subject to the exclusive jurisdiction of the courts at Mumbai and You hereby accede to and accept the jurisdiction of such courts. ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED UPON BY YOU.