This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the 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.
1. Scope of application
If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2. Essential characteristics of the "Website"
B. Braun provides you as a User of the "Website", the access to various products & services sold/rendered by B. Braun/ group companies through online “E-shop” and a possibility/ opportunity to enter into direct transactions/dealings in the nature of sale made by B. Braun.
"E-shop" offers for sale certain products / services. By placing an order user consent to the terms including such supplemental conditions as set forth on the site for the purpose of commercial transaction. B. Braun / group entities may require additional verification or information before accepting any order. B. Braun/ group entities will contact the user if any additional information is required to accept the User’s order.
There may be certain orders which B. Braun is unable to accept and must cancel. B. Braun reserves the right, at its sole discretion, to cancel or refuse any order for any reason whatsoever, without assigning any reason to the User, User confirms and acknowledge and further undertake that he consents to the same and he/she/it will not contest/raise any dispute on the same.
Access to the E-shop in the "Website" for the purpose of online ordering of various products & services is restricted only to registered users acting in practice of a commercial trade, being self-employed or employed with either of these occupational groups. For using the system users are required to authenticate themselves with a user name and a password, which they enter on registration.
3. Conclusion of contract
The contract for using the "Website" and the products/ services offered by it is made when you register with in the "Website", accept the Terms and other supplemental conditions as set forth to specific commercial transaction. The other supplemental conditions shall include the various terms & conditions as stated in the dealership/distributorship agreement, if any, terms of sales in e-invoice /agreement and/or any other terms & conditions pertaining to online sales of products & services as stipulated at the time of placing the order by the registered user. In the event of any inconsistency between the sales terms in e-invoice, and the terms herein, or the dealer/distributor agreement and the terms herein, then the terms of the distributor/dealer agreement in the first instance followed by the terms of sales in e-invoice /agreement shall prevail.
3.1 Identification, registration and access
In addition, the user assures that the information given by him in his user profile is true and correct, especially with regard to his first and family names, address, company and e-mail address. The user is bound to inform B. Braun of any change of his particulars without delay.
3.2 Use of access data, access to the "Website"
The access data are exclusively intended for the personal use by the user concerned. The user may not pass on the data, in particular his password, to any third parties, not even to relatives or colleagues. The user is bound to always keep the access data secret, in particular his password, and to prevent the unauthorized use of the "Website” by third parties. If the user learns about any abuse of the access data or only suspects an abuse of information, he will inform B. Braun accordingly without delay. In case of abuse or suspected abuse B. Braun is entitled to immediately block access to the Website. The user will be liable for all the consequences resulting from the use by third parties, if he/she is responsible for the abuse of the access data. The user will also be responsible for the abuse, if he/she made possible the unauthorized use of the access data by negligence only. Liability will end only when the user has informed B. Braun in writing about the unauthorized use and, if necessary, has changed his password.
3.3 End and withdrawal of access
4. Relationship between the Parties
B. Braun and the Customer are independent contractors engaged in a non-exclusive arrangement, and nothing in these Terms and Conditions will be construed to create any other relationship between the parties.
We will send all notices and other communications (including transactional, promotional and/or commercial communication) to you at the e-mail addresses or at the valid phone number provided by you or any other means then specified by BBM Private Limited. You consent to receive such communications through any mode including SMS, e-mail, phone calls etc.
6. Other terms & conditions
All other terms and condition, subject to provisions of clause 3 above, pertaining to commercial terms (including but not limited to the credit terms, as may be applicable) shall be deemed to be agreed by the user at the time of placing the order and the user agrees and acknowledges that once the commercial terms have been agreed upon by the user in on the "Website", such agreed terms shall be considered to be an integral part of these Terms and Conditions and shall be valid and binding on the parties.
7. Confidentiality of access data:
Your access data are exclusively intended for your personal use of the offer and you therefore must keep and maintain them in confidence.
8. Purpose of use
The purpose of the use of the "Website” can be accessed by anyone for information and education but for the purpose of online placing of orders, access is restricted to the pursuance of your trade or business or self-employment or your employment with a person belonging to one of these occupational groups.
The purpose of the use of or participation in the fora established and of additional services offered such as Project Rooms is restricted to the exchange of opinions and experiences with employees of B. Braun or with other registered users within individual user groups.
9. Copyright, license rights and trademark rights
The design of the "Website” and the texts, images, graphics, layouts, sounds, animations, videos and databases are secured by copyright and/or other laws for the protection of intellectual property. They are the property of B. Braun, unless otherwise indicated.
The offer of the "Website” may not be interpreted in such a way as if a license or title to a copy-right, patent, trade mark or other right protectable by law would tacitly, by legal effect or other-wise be transferred by B. Braun or some third party.
10. Data backup
It is up to the user to regularly back up data and information relevant to him at a technical level appropriate to the importance of the data concerned in order to protect them from loss, damage and change.
11. Data privacy: storage
B. Braun accepts no liability for any damage resulting from the use of the "Website" under this agreement or on the basis of some other title, including by not limited to, liability for the correct-ness of the contents of the web pages and documents published on the B. Braun "Website" as well as the virus-free condition of the whole Website, unless liability is founded on premeditation or gross negligence, including premeditation by our representatives or third parties acting as agents for us or on a violation of our essential contractual duties. In so far as we are blamed for a violation of the cardinal duties liability to pay damages is restricted to the foreseeable, typically occurring damage. Liability for culpable violation of life, body or health will remain unaffected, the same as legal liability under the Product Liability Provisions.
This restricted liability applies in particular but not exclusively to direct, indirect, incidental, special or consequential damage, especially to loss of profit or loss of advantages, including damage caused by loss of data or other faults occurring through the use of the services on the B. Braun Website, and by temporary restrictions or interruptions of the access to the B. Braun Website.
The “Website” may include links to external third-party web sites. We do not have any influence on their content and do not assume liability for it. For the content of the linked sites the provider or owner of the same is responsible himself. If any violations of the law become known, we will re-move such links without delay.
The same applies to the data and information posted by the users, which are solely intended for the mutual exchange of information with business partners. B. Braun does not assume liability for the contents thereof. We, however, again reserve the right to immediately remove any unlawful contents from the B. Braun Website.
The use of specialist information made available by B. Braun on the "Website” is exclusively at the user’s own risk.
B. Braun especially does not warrant the correctness, completeness and up-to-date condition of the information.
B. Braun, its employees, representatives, suppliers or contracting partners can on no account be held responsible for any damage caused by the use of the specialist information provided on the Website. Claims for liability in connection with the use of specialist information from the "Website" raised against B. Braun with regard to material or moral damage are excluded on principle, unless caused by negligence or gross negligence on the part of B. Braun.
15. Court of jurisdiction, choice of law
These Terms and Conditions are governed by the laws of India, without reference to any applicable conflict of laws. Both parties to these Terms and Conditions agree to submit to the exclusive jurisdiction of the Indian courts at Mumbai, India for disputes arising out of these Terms and Conditions.
16. Final clauses
This agreement shall in all respects be governed by and construed in accordance with the provisions of Indian law.
17. Contact information
In case any User has any grievance, please contact our Compliance Officer, who will redress the grievances of the Users within reasonable timeframe, and can be reached by:
Sending a letter marked to the attention of Compliance Officer, B. Braun Medical (India) Pvt. Limited, A-601, 6th Floor, Boomerang, Near Chandivali Studio, Andheri (East) Mumbai -400 072 India; or
Sending an email to email@example.com
India, October 2018