Terms of service
CONDITIONS OF USE
Welcome to our online store! Kimaya Surgicals and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Kimaya Surgicals or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Kimaya Surgicals or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Kimaya Surgicals, with copyright authorship for this collection by Kimaya Surgicals, and protected by international copyright laws.
TRADE MARKS
Kimaya Surgicals's trademarks and trade dress may not be used in connection with any product or service that is not Kimaya Surgicals's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kimaya Surgicals. All other trademarks not owned by Kimaya Surgicals or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kimaya Surgicals or its subsidiaries.
LICENSE AND SITE ACCESS
Kimaya Surgicals grants you a limited license to access and make personal use of this site and not to
download (other than page caching) or modify it, or any portion of it, except with express written
consent of Kimaya Surgicals. This license does not include any resale or commercial use of this site or
its contents: any collection and use of any product listings, descriptions, or prices: any derivative use
of this site or its contents: any downloading or copying of account information for the benefit of
another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without express written consent of Kimaya surgicals. You may not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of Kimaya Surgicals and our
associates without express written consent. You may not use any meta tags or any other "hidden
text" utilizing Kimaya Surgicals's name or trademarks without the express written consent of Kimaya surgicals. Any unauthorized use terminates the permission or license granted by Kimaya Surgicals.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page
of Kimaya Surgicals so long as the link does not portray Kimaya Surgicals, its associates, or their
products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not
use any Kimaya Surgicals logo or other proprietary graphic or trademark as part of the link without
express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. If you are under 18, you may use our website
only with involvement of a parent or guardian. Kimaya Surgicals and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Kimaya Surgicals reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Kimaya Surgicals and its associates a nonexclusive, royalty free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kimaya Surgicals and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Kimaya Surgicals or its associates for all claims resulting from content you supply. Kimaya Surgicals has the right but not the obligation to monitor and edit or remove any activity or content. Kimaya Surgicals takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Kimaya Surgicals are made pursuant to a shipment contract. This basically
means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Kimaya Surgicals and its associates attempt to be as accurate as possible. However, Kimaya Surgicals
does not warrant that product descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by Kimaya Surgicals itself is not as described, your sole
remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Kimaya Surgicals MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Kimaya Surgicals DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Kimaya Surgicals DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Kimaya Surgicals ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Kimaya Surgicals warrants the products against defects in material or workmanship as follows:
1.) LABOR : For a period of one (1) year from the date of purchase, if this Product is determined to
be defective, Kimaya Surgicals will repair or replace the Product, at its option, at no charge, After the Warranty Period, you must pay for all labor charges.
2.) PARTS: In addition, Kimaya surgicals will supply, at no charge, new or rebuilt replacements in exchange for defective parts for a period of one (1) year.
To obtain warranty service, you must take the Product, or deliver the Product freight prepaid, in
either its original packaging or packaging affording an equal degree of protection, to our head office in Aurangabad.
Freight charges to and from our office to customer’s location, will have to be paid by customer.
This warranty does not cover customer instruction, installation, set up adjustments or signal
reception problems. This warranty does not cover cosmetic damage or damage due to acts of God, accident, misuse, abuse, negligence, commercial use, or modification of, or to any part of the Product.
This warranty does not cover damage due to improper operation or maintenance, connection to
improper voltage supply, or attempted repair by anyone other company
Proof of purchase in the form of a bill of sale or receipted invoice which is evidence that the unit is
within the Warranty period must be presented to obtain warranty service.
Foregoing limited warranty does not include reimbursement to customer for its costs and expenses
of transportation, freight, labor, removal, or other expenses that might be incurred in connection with
customer’s returning the defective items to Kimaya Surgicals or in connection with Kimaya Surgicals
sending to customer any repaired or replaced items.
APPLICABLE LAW
By visiting Kimaya Surgicals, you agree that the laws of the state of Maharashtra, India, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Kimaya Surgicals or its associates.
DISPUTES
Any dispute relating in any way to your visit to Kimaya Surgicals or to products you purchase through
Kimaya Surgicals shall be submitted to confidential arbitration in Maharashtra,India, except that, to the extentyou have in any manner violated or threatened to violate Kimaya Surgicals's intellectual property rights, Kimaya Surgicals may seek injunctive or other appropriate relief in any state or federal court in the state of Aurangabad, Maharashtra, India, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in
any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These
policies also govern your visit to Kimaya Surgicals. We reserve the right to make changes to our site,
policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be
directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email
us at admin@kimayasurgicals.com