Please read the following terms and conditions carefully as your use of services of Pontic.in is subject to your acceptance of and compliance with the same (“Terms”).
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED 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. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST EXIT THIS WEB PAGE AND STOP ACCESSING OR USING WWW.PONTIC.IN WITH IMMEDIATE EFFECT.
- “Buyer/s” shall mean registered medical practitioners, retailers, wholesale entity and/or medical institutions that buy/purchase the Product/s from the Website (defined hereinafter).
- “Principal Representative” shall mean the authorized agent/ representative of the Product Manufacturer and/or Original Equipment Manufacturer in India/ Abroad.
- “Product(s)” shall mean medical supplies available for sale on the Website including but not limited to clinical supplies such as facemasks, gloves, dental composites, orthodontic products, oral care products, protective gear, endodontic instruments, prosthetic instruments, surgical instruments, and other healthcare and clinical instruments that are produced by various manufacturers and available for sale on the Website.
- “Product Manufacturer” or “Original Equipment Manufacturer or OEM” shall mean the entity that manufactures the Products displayed for sale on the Website.
- “Website” shall mean the online platform available at the domain name www.pontic.in and the mobile applications, if any, of Pontic on App Store and Google Play store.
- “You” or “User” shall mean the end user accessing the Website, its contents and using the Services and Products offered through the Website.
2. Changes to the Website:
- We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior notice to you. It is your responsibility to review these Terms periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.
3. About Us:
- This Website is an internet based e-commerce portal licensed by Greyguytons Private Limited, a private limited company registered under the Companies Act, 2013.
- Use of the Website is offered to you conditional upon your acceptance of these Terms.By using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Website. If you do not agree with any amendments made by to these Terms at any time in future, you must stop using the Website with immediate effect.
- Pontic at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
4. Membership Eligibility:
- Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. Pontic reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Pontic notice or if it is discovered that you are under the age of 18 years, an undischarged insolvent or otherwise incompetent to contract.
- If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms and you have the authority to bind that business entity to these Terms. You will be required to submit, upload or otherwise provide any information that Pontic may require at the time of registration to verify the authenticity of the business entity. Such information may include incorporation certificate, sales tax certificate, medical license etc.
- The User shall also comply with all the applicable laws and notifications issued thereunder,including without limitationssuch notifications as may be issued by Reserve Bank of India from time to time, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the Drugs and Cosmetics Act, 1940 and rules made thereunder including the Medical Devices Rules, 2017.
- Pontic is not a retail dealer and most of the products listed are not meant for direct consumption. We are an e-commerce entity meant for selling products only to registered dental/medical practitioners, retailers, wholesale entity and/or medical institutions who may be clubbed under ‘dealer’, ‘industrial consumer’ or institutional consumer’ as per the definitions provided under legal metrology (packaged commodities) rules 2011. Pontic is primarily focused on helping healthcare practitioners source their clinical/medical supplies requirements, which are essential for the day-to-day operations of their clinics/hospitals. The materials listed on Pontic are highly technical in nature and are to be used by registered dental/medical practitioners only. Pontic verifies the credentials of every Buyer before a new order gets shipped. To verify your credentials, you are required to supply us with (i) Wholesale/Retail Drug License (ii) Registration/License to practice as a dental/medical practitioner in India or (iii) proof of educational qualification in case of dental/medical students. Additionally, Pontic may ask for your GST registration certificate and/or such other documents that it deems necessary for the purpose of particular transaction. In cases where the credentials may not be established clearly, Pontic reserves the right to cancel the registration of such User on the Website and any order that may have been placed by such User without refunding any payments which may have been made against the order. Users shall also be duty-bound to ensure that they are eligible as per the terms and conditions, to buy from Pontic.
5. User Account, Password, and Security:
- In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Details”); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete.
- You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pontic of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. You further agree to receive transactional SMSs/ Promotional SMSs and emails from us, with updates about your transactions.
7. Services Offered:
- Pontic provides a number of internet-based services through the Website (all such services, collectively, the “Service(s)”). One such service enables Buyer to purchase clinical supplies such as facemasks, gloves, dental composites, orthodontic products, oral care products, and other dental, healthcare and clinical requirement products produced by various manufacturers. The Products can be purchased through the Website through various methods of payments/ Payment Gateways offered such as online payment through Paytm Wallet, Bank Transfer through NEFT/Bank Deposit, Cash on Delivery and Online Payments through credit card/debit card/ card-based EMI/ Net Banking.
- The sale/purchase of Products shall be additionally governed by specific policies like Cancellation and Refunds Policy, Shipping Policy, Payments Policy, etc., and all of which are incorporated here by reference. In addition, these Terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
The User hereby consents, expresses and agrees that he has read and fully understands the terms
9. User Conduct and Rules:
- The User shall at all times while accessing and/ or using the services of this Website abide by the following principles.
- The User shall not host, display, upload, modify, publish, transmit, update or share any information, including but not limited to, content, image or graphic, which:
- belongs to another person and to which the User does not have any right to;
- is grossly false, inaccurate, harmful, harassing, abusive, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing in any manner, whatsoever;
- is misleading or harms minors in any way;
- is patently offensive to the online community, such as sexually explicit content or provides material that is violent or otherwise inappropriate or solicits personal information from anyone or provides content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- infringes upon or violates any third party’s rights, including, but not limited to, intellectual property rights, which includes patents, trademarks, copyrights or other proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides information violating someone’s privacy, or provides or creates computer viruses;
- contains video, photographs, or images of another person, without that person’s consent; impersonates another person;
- tries to gain unauthorized access or exceeds the scope of authorised access to the Website or to profiles, account information, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- violates any law for the time being in force;
- deceives or misleads the addressee and/ or other Users about the origin of such messages or communicates, or contains any information which is grossly offensive or menacing in nature;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognizable offence or prevents investigation of any offence or is insulting for any other nation.
- The User shall not use the Website for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of Pontic and/ or interrupt or causes to interrupt the use of this Website by other Users.
- The User shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Pontic by sharing multiple address and phone numbers or transacting with malafide intentions.
- The User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- The User shall not pretend that User is, or that User represents, someone else, or impersonate any other individual or entity.
- The User shall not use any deep-link, 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 its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
- The User shall not create liability for Pontic or cause Pontic to lose (in whole or in part) the services of the Pontic internet service provider (“ISPs”) or other suppliers.
- The User shall at all times abide by the requirements of the Information Technology Act, 2000 and the rules, regulations, policies, guidelines, bye laws and notifications made thereunder and/ or any law which is applicable for the time being in force while uploading any content, accessing, or using the services offered by this Website. The User hereby unequivocally declares that in case of violation of any of the provisions of the Information Technology Act, 2000 and/ or rules, regulations, bye-laws, policies, guidelines and notifications made thereunder and/ or any law which is applicable for the time being in force, the User shall be solely responsible at his/ her own costs for all acts, deeds and things and the User shall be liable for any kind of civil or criminal liability there under.
- In the event of the User not complying with these requirements, Pontic shall have the right to immediately terminate the access or usage rights of the User to the Website and remove any non-compliant information.
- For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
10. User Warranty and Representation:
The User guarantees, warrants, and certifies that the User is the owner of the content which the User submits or is otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. The User further warrants that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by the User in connection with the Services rendered or Products sold by Pontic.
11. Buyer Warranty and Representation :
The Buyer guarantees, warrants, and certifies that the Product(s) purchased on the Website by the Buyer shall be used byregistered medical/dental practitioners and/or qualified technicians only.
12. Exclusion of Liability Regarding Description of Products:
- Pontic does not guarantee that the Product delivered to the Buyer shall correspond exactly with the image displayed on the Website. All images of Products are purely for illustration and reference purposes. Pontic does not accept responsibility for differences between the image on the Website and the actual appearance of the Product. The quality of any Product, Service, information, or other material purchased or obtained by you through the Website may not meet your expectations. Pontic does not provide or make any representation, warranty or guaranty, express or implied about the Services or Products. Pontic does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website.
- You shall check and confirm the colour/model/version/expiry period and any other such particulars of the Products before placing the order. Pontic accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Alterations to certain aspects of your order such as the Product brand name, size, pack etc. may be required due to limitations caused by availability of Products. If you agree to such alterations like brand, then Pontic shall send you an approval request on the email ID submitted by you during the registration process. If you do not agree with the requested change, you retain the right to reject the requested change by replying to it within 10 days of it being sent to you. If you reject this request, your order will be cancelled and your payments made, if any, will be fully refunded.
- Pontic will not be liable to replace the Products and the liability to replace any such Product is that of the OEM. Pontic and the Buyer acknowledge that the Products purchased/used are a subject matter of original OEM’s warranties. Any or all claims in relation to returns and replacement shall be made to the concerned OEM only and not Pontic. However, Pontic may assist the customer in lodging a complaint to get the Product replaced or serviced. The Buyer acknowledges that the Products once sold will not be exchanged or taken back unless the seal of the package or the Product is intact.
13. Intellectual Property Rights:
- All content included on the Website, such as designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the property of Pontic with all rights reserved. You acknowledge and agree that you shall not use, reproduce or distribute any Site Content from the Website belonging to Pontic.
- All products listed on the web-site are independently acquired from distributors and/or suppliers of the same. The trademark and other IP used in relation to such products are the property of their respective trademark holders. Pontic is not affiliated, endorsed or sponsored by these trademark holders.
- Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service or transacting through the Website, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Services or transacting through the Website.
14. Links to Third Party Sites:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Pontic or the Website and Pontic is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pontic is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Pontic is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pontic or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
15. Disclaimer Of Warranties/Limitation Of Liability:
- Pontic endeavours to ensure that all the information on the Website is correct, but Pontic neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service.
- In no event shall Pontic be liable for any direct, indirect, consequential, exemplary, punitive, incidental, multiple, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the Services or Products; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service or any claim arising out of or in connection to the Products sold on the Website.
- Pontic shall not be responsible for any claims arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Pontic 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 Pontic control.
- Pontic SHALL NOT BE LIABLE FOR BREACH OF ANY WARRANTY SERVICED BY THE PRODUCT MANUFACTURER. ANY WARRANTY SERVICED BY A PRODUCT MANUFACTURER SHALL BE THEIR SOLE RESPONSIBILITY AND THEY SHALL ACCORDINGLY BE LIABLE FOR ANY BREACH OF SUCH WARRANTY.
- The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
- User downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
You agree to indemnify Pontic from and against any and all losses, liabilities, claims including third party claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Pontic 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 Terms.
18. Cancellation, Return & Replacement Policy:
- Returns and replacements are accepted within 15 days from the delivery of items. Items to be returned or replaced must be in resalable conditions and contain the original packing material, manuals and blank warranty cards. Returned items are subject to inspection. Credit will not be granted for items unsuitable for resale. Any Product that is damaged in transit and is rejected by you without accepting delivery from the courier is eligible for a 100% refund of the sale price of the Product.
- Due to health, hygienic and safety reasons, Products which relate to personal hygiene and self-care cannot be returned. Products that come in contact with the body cannot be returned because they are single use items. No hygiene Product can be returned if the package has been opened.
- Pontic may charge a cancellation or return fee as specified in the cancellation and returns policy, to facilitate the return shipping process.
- In case of special orders, where Products are procured specifically for you, for ex. the products bought in connected sales and in case of large orders (value more than Rs 10,000), Pontic may reject your return request at its own discretion. This is necessary as the manufacturers of the particular Products may not entertain such specific return requests.
19. Payment, Pricing & Promotions:
- You shall be solely responsible for compliance of all applicable Indian laws while making payments to Pontic.
- Invoices will be dated as of the date of the shipment, and unless otherwise agreed in writing, are payable on an open account immediately at the time of order or at the time of delivery of items as per the payment option chosen by the Buyer. All payments shall be made in Indian Rupees and may be made online through the available payment mechanisms (credit card, debit card or net banking), or offline through an at par cheque, cash on delivery, online bank transfer (NEFT/ RTGS), ECS or a DD. Pontic may suspend shipment of Products to Buyers whose previous dues are unpaid, at no liability to Pontic.
- Prices for Products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Due to manufacturers’ price increases or decreases or other events outside of Pontic reasonable control, pricing is subject to change without prior notification. Prices are all inclusive of taxes except octroi. Prices, Products and Services may change at Pontic discretion.
- There may be special contests, referral programmes, loyalty programmes and promotional activities (“Offers”) conducted by Pontic. Any such Offer may result in the User receiving discounts, coupons, vouchers, special offers etc(“Rewards/ Points”). Pontic reserves the right to accept or reject any User’s participation in such Offers at its sole discretion.
- Such Rewards can only be applied at the time of order or as may be provided and may not be applied to any previous orders. Prices and Products are subject to change without notice. The Rewards and schemes may be withdrawn and/or changed without notice. Items under Offers and other schemes are available only till stocks lasts. Pontic reserves the right to reject the cancellation requests on items sold under such Offers and schemes and also reserves the right to reject the redemption of points as received by the User in an Offer without providing any reason for such rejection.
- Pontic reserves the right to offer such Rewards cannot be transferred, negotiated or sold and can/ cannot be redeemed against cash. Pontic shall not be responsible to compensate you in any manner for the unused/invalidated Rewards including providing an alternate Reward.
- Each Reward is good for one-time use only. You will not be able to split the value of a Reward across multiple payments or using more than one Reward at a time.
- While availing any of the payment method/s available on the Website, Pontic will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed between you and “Bank/s”, or any payment issues arising out of the transaction, or decline transaction for any other reason/s.
- All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate any transactions with respect to any other form of currency with respect to the purchases made on the Website.
- Before shipping / delivering your order to you, Pontic may request you to provide supporting documents (including but not limited to Govt. issued ID, address proof and proof of educational qualifications) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.
20. Credit Purchases:
- Credit facility for a specified period of time may be made available to you by Pontic, depending on your usage patterns. Your usage of the Credit facility implies your acceptance of the terms and conditions offered by Pontic with respect to that facility. You agree to make payments against your purchases, within specified timeframes, as communicated to you by Pontic from time to time. In case of non-payment of dues within the pre-communicated timeframes, Pontic may take necessary actions, including legal recourse, to recover the dues.
- Pontic offers its credit facility only to select customers, based on pre-determined criteria. The decision to offer the credit facility is solely at the discretion of Pontic. Pontic may refuse the same to any customer, without offering any explanation. Pontic is free to revoke the Credit facility offered to any customer, at any point in time, without offering any explanations.
21. Fee Policy:
Membership on the Website is free for Users. Pontic does not charge any fee for browsing and buying on the Website. However, Pontic reserves the right to change its Fee Policy from time to time. Pontic may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Pontic reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
22. Shipping and Transfer of Title & Risk:
Title of the Product/s and risk of loss for all Product/s ordered by you shall pass on to you upon Pontic delivering the Product/s to the shipping carrier for the purpose of delivery to the Buyer.
- any Service or Product that you have already ordered till the time of Termination by either party whatsoever.