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1. INTRODUCTION AND ACCEPTANCE OF TERMS

1.1These Terms of Use ("Terms") constitute a legally binding agreement between you and Hospkart Healthique Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at 7-A-18, Mahaveer Nagar III, Kota South, Kota, Rajasthan - 324005, India (hereinafter "HOSPkart", "we", "us", or "our").

1.2These Terms govern your access to and use of the HOSPkart website located at www.hospkart.com and www.hospkart.in (collectively, the "Website"), the HOSPkart mobile application (the "App"), and all related services, features, content, and functionality offered through these channels (collectively, the "Platform" or "Services").

1.3 BY CLICKING "I AGREE", "I ACCEPT", OR BY REGISTERING, ACCESSING, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use the Platform.

1.4These Terms incorporate by reference and should be read in conjunction with our Privacy Policy available at https://hospkart.com/page/privacy-policy, which describes our practices regarding the collection, use, and disclosure of personal data in accordance with the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025.

1.5You may save or print a copy of these Terms for your records at any time.

2. ABOUT HOSPKART AND NATURE OF SERVICES

2.1Nature of Business: HOSPkart operates as a healthcare-focused business-to-business digital marketplace platform enabling discovery, sourcing, and procurement of medical equipment and healthcare supplies in India. Certain software-enabled features may be offered as part of the Platform from time to time.

2.2Intermediary Role: HOSPkart functions as an online marketplace "intermediary" as defined under Section 2(1)(w) of the Information Technology Act, 2000. The Platform provides a technology-enabled infrastructure that connects Buyers with Sellers, facilitating the discovery of Products, communication between parties, order placement, and related transactions. HOSPkart does not own, manufacture, store, or control any Products listed on the Platform unless explicitly stated otherwise.

2.3Services Offered: The Services may include, subject to availability and development stage: (a) Online marketplace for discovery and procurement of medical equipment and hospital supplies; (b) AI-powered sourcing, smart matchmaking, and recommendation features; (c) Facilitation of transactions between verified manufacturers, importers, distributors, and healthcare providers; (d) Workflow and procurement analytics tools (SaaS features); (e) Payment processing facilitation through third-party payment gateways; (f) Logistics and delivery coordination services (where applicable); (g) User ratings, reviews, and feedback systems; (h) Application programming interfaces (APIs) for enterprise integration; (i) Customer support and grievance redressal services; and (j) Such other ancillary services as may be introduced from time to time.

2.4Territorial Scope: The Services are currently available only within the territory of India.

3. USER CATEGORIES AND ELIGIBILITY

3.1User Categories: The Platform serves two primary categories: (a) "Buyers": Hospitals, clinics, nursing homes, diagnostic centres, pharmacies, laboratories, medical institutions, healthcare providers, and other business entities seeking to procure medical equipment and supplies through the Platform; and (b) "Sellers": Verified manufacturers, importers, distributors, and authorized dealers of medical equipment and supplies who list and sell Products through the Platform. (Buyers and Sellers are collectively referred to as "Users".)

3.2Eligibility Criteria: To access and use the Platform, you represent and warrant that: (a) You are of legal age (18 years or above) and are competent to enter into a binding contract under the Indian Contract Act, 1872; (b) You are accessing the Platform on behalf of a duly incorporated body corporate, partnership firm, LLP, proprietorship, hospital, clinic, or other legally recognized business entity; (c) You have the requisite authority to bind such entity to these Terms; (d) You are not a person disqualified from entering into contracts under applicable law; (e) If you are a Seller, you hold all necessary licenses, permits, registrations, and approvals required under applicable laws, including but not limited to registrations under the Medical Devices Rules, 2017, applicable state drug control laws, GST registration, and any other sector-specific requirements; and (f) You will use the Platform only for lawful B2B commercial purposes.

3.3Consumer Exclusion: The Platform is designed exclusively for B2B transactions. Individual consumers seeking to purchase Products for personal use are not eligible to use the Services.

4. ACCOUNT REGISTRATION AND VERIFICATION

4.1To access certain features of the Platform, you must create a registered account by providing accurate and complete information as requested during the registration process.

4.2Verification and KYC: HOSPkart implements a Know Your Customer ("KYC") and verification process. You agree to: (a) Provide valid business registration documents; (b) Provide PAN and GSTIN; (c) Provide proof of physical address; (d) For Sellers: Provide copies of applicable licenses including manufacturing licenses, import licenses, drug licenses, CDSCO registrations and other applicable documents; (e) For Buyers: Provide proof of healthcare establishment registration; (f) Provide identity documents of authorized representatives; (g) Other applicable documents; and (h) Undergo periodic re-verification as may be required.

4.3Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify HOSPkart of any unauthorized use.

4.4Accuracy of Information: You represent and warrant that all information provided during registration and subsequently is true, accurate, current, and complete.

5. INTERMEDIARY STATUS AND DISCLAIMERS

5.1Marketplace Intermediary: HOSPkart operates as a marketplace e-commerce entity within the meaning of the Consumer Protection (E-Commerce) Rules, 2020, providing an information technology platform to facilitate transactions between Buyers and Sellers. HOSPkart is not a party to any contract for sale or purchase of Products between Users. The Consumer Protection (E-Commerce) Rules, 2020 shall apply only to the extent applicable to a business-to-business marketplace.

5.2No Endorsement: HOSPkart does not endorse, warrant, or guarantee any Products listed by Sellers or any claims made by Users. The listing of any Product on the Platform does not constitute an endorsement by HOSPkart.

5.3"As Is" Basis: The Platform and Services are provided on an "as is" and "as available" basis. HOSPkart makes no representations or warranties of any kind, express or implied, regarding the operation of the Platform or the Products available through the Platform, except as expressly stated in these Terms.

5.4Third-Party Content: The Platform may contain links to third-party websites, advertisements, or plugins. HOSPkart is not responsible for third-party content or privacy practices. Data collected by third-party websites is not governed by these Terms or our Privacy Policy.

5.5Seller Responsibility: Each Seller is solely responsible for the accuracy of Product descriptions, images, specifications, certifications, regulatory compliance, pricing, availability, warranty terms, and after-sales support.

5.6No Medical or Clinical Advice: HOSPkart does not provide medical, clinical, diagnostic, or treatment advice. Any information, recommendations, or product suggestions displayed on the Platform are for procurement and informational purposes only. All medical and clinical decisions shall remain solely with qualified healthcare professionals and institutions.

6. LISTINGS, ORDERS, AND TRANSACTIONS

6.1Product Listings (For Sellers)
Sellers must ensure that: (a) All Product listings are accurate, complete, and not misleading; (b) All listed Products comply with applicable laws, including the Drugs and Cosmetics Act, 1940, Medical Devices Rules, 2017, Legal Metrology Act, 2009; and any other applicable laws. (c) No prohibited, counterfeit, recalled, expired, or unlawful Products are listed; and (d) HOSPkart reserves the right to remove or restrict any listing that violates these Terms without prior notice.

6.2Orders and Acceptance
(a) A Buyer placing an order constitutes an offer to purchase the specified Product from the Seller at the listed price; (b) An order is deemed accepted only upon written confirmation from the Seller; (c) The contract for sale is formed directly between the Buyer and the Seller. HOSPkart is not a party to such contract.

6.3Pricing and Transparency
(a) All prices displayed are exclusive of applicable taxes, shipping, and handling charges unless otherwise specified; (b) Sellers are responsible for ensuring accurate and non-manipulated pricing; (c) HOSPkart may display parameters determining Product rankings.

6.4Delivery and Installation
(a) Delivery terms shall be as agreed between Buyer and Seller or as specified in the listing; (b) Where HOSPkart facilitates logistics, such services are provided on a best-efforts basis; (c) Installation services shall be coordinated directly between Buyer and Seller.

6.5Payments
(a) Payments may be processed through third-party payment gateways; (b) HOSPkart shall not be liable for failed transactions caused by third-party errors; (c) All payments shall be in Indian Rupees (INR) unless otherwise agreed; (d) HOSPkart may collect transaction fees or subscription fees as specified on the Platform.

6.6Refunds and Cancellations

6.6.1 Cancellation Policy

(a) Customer-Initiated Cancellations: Customers may cancel orders before shipment without penalty through their account dashboard or customer support. Orders cancelled after shipment but before delivery may be subject to return shipping charges. Cancellation requests must be submitted via the Platform's designated channels.
(b) Seller-Initiated Cancellations: Sellers may cancel orders due to stock unavailability, pricing errors, or force majeure events. Sellers must notify customers within 24 hours of such cancellation. Full refunds shall be processed immediately for Seller-initiated cancellations.
(c) Cancellation Charges: All applicable cancellation charges shall be clearly displayed at checkout and in the order confirmation. No cancellation fees apply for orders cancelled within 1 hour of placement (cooling-off period). Cancellation fees, if any, shall not exceed 5% of the order value or INR 100, whichever is lower.

6.6.2 Refund Policy

(a) Refund Eligibility: Customers are entitled to refunds for: cancelled orders, defective products, incorrect items shipped, non-delivery, or products not matching description. Refund requests must be initiated within 7 days of delivery for product-related issues. Proof of defect or discrepancy may be required (photos, videos, etc.)
(b) Refund Processing Timeline: Refunds shall be initiated within 2-3 business days of approval. Credit to original payment method: 5-7 business days for online payments, 7-14 business days for cards. The timeline may vary based on bank/payment gateway processing times.
(c) Refund Method: Refunds will be credited to the original payment method used. Customers may opt for HOSPkart Wallet credit for faster processing. Cash on Delivery orders will be refunded via bank transfer (customer must provide account details).
(d) Partial Refunds: Partial refunds may apply when only some items in an order are eligible for return. Shipping charges are non-refundable unless the return is due to Seller or Platform error.

6.6.3 Responsibilities and Limitations

(a) HOSPkart's Role: HOSPkart shall facilitate the refund process and maintain transparent communication. HOSPkart will mediate disputes between Customers and Sellers regarding refund eligibility. HOSPkart reserves the right to investigate suspicious refund patterns to prevent fraud.
(b) Seller Obligations: Sellers must process approved refunds within the stipulated timeline. Failure to process refunds may result in suspension of Seller account and direct refund by HOSPkart from Seller's held payments. Sellers shall maintain adequate records of all cancellation and refund transactions.
(c) Liability Limitations: HOSPkart is not liable for delays caused by banking institutions or payment gateways beyond its control. HOSPkart shall not be responsible for Seller insolvency or inability to process refunds, but may facilitate resolution at its discretion. Customers acknowledge that refund timelines are subject to applicable banking and regulatory requirements.

7. USER OBLIGATIONS AND PROHIBITED ACTIVITIES

7.1General Obligations: All Users shall: (a) Use the Platform only for lawful purposes; (b) Comply with all applicable laws; (c) Respect intellectual property rights; (d) Maintain account credential confidentiality; (e) Provide accurate information; and (f) Report suspicious or fraudulent activity.

7.2Prohibited Activities: Users shall NOT host, display, upload, publish, or share any information that: (a) belongs to another person without right; (b) is defamatory, obscene, pornographic, paedophilic, or harassing; (c) is harmful to children; (d) infringes intellectual property rights; (e) violates any law; (f) deceives or misleads; (g) impersonates another person; (h) contains viruses or malware; (i) threatens the unity, integrity, defence, security, or sovereignty of India, or public order; (j) is patently false and misleading; (k) relates to unlawful online games; (l) encourages gambling or money laundering; (m) constitutes fake reviews or manipulation of ratings; or (n) violates any governmental regulation.

7.3Product-Specific Prohibitions: Users shall not list or purchase: (a) counterfeit or fake medical devices; (b) Products without requisite CDSCO registration or licenses; (c) expired, recalled, or defective Products; (d) Products banned under Indian law; (e) scheduled drugs without appropriate licenses; or (f) any Products prohibited under the Drugs and Cosmetics Act, 1940 or Medical Devices Rules, 2017.

8. CONTENT MODERATION AND TAKEDOWN

8.1HOSPkart reserves the right to monitor, review, and remove or disable access to any content or User account that violates these Terms or applicable law, without prior notice.

8.2Government and Court Orders: HOSPkart shall act upon receiving actual knowledge of any unlawful information by way of a court order or upon being notified by the appropriate Government or its authorized agency under Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended. Upon receipt of such order with proper authorization and reasons, HOSPkart shall remove or disable access to such content within prescribed timelines.

8.3User Complaints: Users may report content violations by contacting the Grievance Officer. HOSPkart shall acknowledge complaints within twenty-four (24) hours and endeavour to resolve them within fifteen (15) days.

8.4Record Keeping: HOSPkart shall maintain records of Sellers who have repeatedly offered Products removed due to violation of intellectual property rights or other laws.

9. INTELLECTUAL PROPERTY RIGHTS

9.2HOSPkart's Intellectual Property: All intellectual property rights in the Platform, including the Website, App, software, algorithms, design, graphics, logos, trademarks (including "HOSPKART"), and content created by HOSPkart, are owned by or licensed to HOSPkart and are protected under the Copyright Act, 1957, Trade Marks Act, 1999, and Information Technology Act, 2000.

9.2Limited License to Users: Subject to compliance with these Terms, HOSPkart grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal business purposes. This license does not include the right to: (a) copy, modify, or create derivative works; (b) reverse engineer or decompile; (c) use data mining or robots; (d) sublicense or transfer; or (e) use the Platform to damage or impair it.

9.3User Content: Users retain ownership of content they upload ("User Content"). By submitting User Content, you grant HOSPkart a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, display, and distribute such content solely for operating and promoting the Platform.

9.4Users shall not upload content that infringes third-party intellectual property rights and shall indemnify HOSPkart against any such claims.

10. DATA, PRIVACY, AND SECURITY

10.1Privacy Policy: The collection, use, storage, and disclosure of personal data is governed by our Privacy Policy at [Privacy Policy URL], incorporated herein by reference.

10.2DPDPA Compliance: HOSPkart, as a Data Fiduciary under the Digital Personal Data Protection Act, 2023 ("DPDPA") and the Digital Personal Data Protection Rules, 2025 ("DPDP Rules"), shall: (a) Provide clear notice regarding data collection and processing purposes; (b) Obtain consent for processing personal data; (c) Implement reasonable security safeguards including encryption and access controls; (d) Enable you to exercise Data Principal rights (access, correction, erasure); (e) Establish grievance redressal mechanisms; and (f) Notify the Data Protection Board and affected individuals of data breaches within prescribed timelines.

10.3Cookies and Tracking: The Platform uses cookies and similar technologies to enhance user experience. You may manage preferences through browser settings. See our Cookie Policy for details.

10.4Data Sharing: Personal data may be shared: (a) With your consent; (b) With other Users to facilitate transactions; (c) With service providers; (d) As required by law or court order; (e) In connection with mergers or acquisitions; or (f) To protect rights, property, or safety.

10.5Withdrawal of Consent: You may withdraw consent to data processing at any time by contacting us. Upon withdrawal, access to certain features may be restricted.

11. USER RATINGS AND REVIEWS

11.1The Platform may allow Users to post ratings, reviews, and feedback.

11.2Users shall not post fake reviews, falsely represent themselves, or manipulate ratings.

11.3HOSPkart reserves the right to remove abusive, defamatory, or violating reviews.

11.4HOSPkart may display ranking parameters and explain how rankings are determined.

12. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY

12.1Seller Warranties: Each Seller represents and warrants that: (a) It has the right to sell listed Products; (b) All Products comply with applicable laws; (c) Product information is accurate; (d) Products are free from defects and meet specifications; and (e) It shall honour all stated warranties.

12.2Buyer Warranties: Each Buyer represents and warrants that: (a) It has authority to make purchases; (b) Payment information is accurate and authorized; and (c) Products will be used in compliance with applicable laws.

12.3Disclaimer of Warranties by HOSPkart: To the maximum extent permitted by law, HOSPkart disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. HOSPkart does not warrant that the platform will be uninterrupted, error-free, secure, or free from viruses.

12.4Limitation of Liability
(a) In no event shall HOSPkart be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of profits, goodwill, or data.
(b) HOSPkart's total aggregate liability shall not exceed the amount of fees paid by you in the twelve (12) months preceding the claim, or INR 10,000, whichever is higher.
(c) These limitations apply regardless of the form of action and even if HOSPkart has been advised of the possibility of such damages.
(d) Nothing in these Terms shall exclude or limit liability that cannot be excluded under applicable law, including liability for fraud, gross negligence, or death or personal injury caused by negligence.

13. INDEMNIFICATION

13.1You agree to indemnify, defend, and hold harmless HOSPkart, its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or in connection with: (a) Your breach of these Terms; (b) Your violation of any applicable law; (c) Your violation of third-party rights, including intellectual property rights; (d) Your User Content; (e) any dispute arising from your conduct, listings, or transactions; (f) Any defect or non-compliance in Products sold or purchased by you; and (g) Any misuse of the Platform.

13.2HOSPkart reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you shall cooperate in asserting available defenses.

14. TERM AND TERMINATION

14.1Term: These Terms shall remain in effect until terminated by either party.

14.2Termination by User: You may terminate your account at any time by providing written notice to HOSPkart or through the account deactivation feature.

14.3Termination by HOSPkart: HOSPkart may suspend or terminate your account, with or without prior notice, if: (a) You breach these Terms; (b) You engage in prohibited activity; (c) Your conduct may harm others or HOSPkart; (d) You fail KYC or provide false information; (e) Your account is inactive for extended periods; (f) Required by law; or (g) at HOSPkart’s reasonable discretion.

14.4Effect of Termination: Upon termination: (a) Your access rights cease immediately; (b) Pending transactions may be cancelled or completed at HOSPkart’s reasonable discretion; (c) User Content may be removed, subject to legal retention requirements; (d) Surviving provisions (Sections 9, 12, 13, 15, 16) continue in effect.

15. DISPUTE RESOLUTION AND GOVERNING LAW

15.1Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

15.2Negotiation: In the event of any dispute, the parties shall first attempt amicable resolution through good faith negotiation within thirty (30) days of written notice.

15.3Arbitration: If not resolved through negotiation, disputes shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. Arbitration shall be conducted by a sole arbitrator appointed mutually. The seat of arbitration shall be Jaipur, Rajasthan, India. The language shall be English. The arbitral award shall be final and binding.

15.4Jurisdiction: Subject to arbitration, the courts of Jaipur, Rajasthan, India shall have exclusive jurisdiction for matters not subject to arbitration and for enforcement of arbitral awards.

15.5Grievance Appellate Committee: If dissatisfied with the Grievance Officer's resolution, you may appeal to the Grievance Appellate Committee established under the IT Rules, 2021.

16. GENERAL PROVISIONS

16.1Entire Agreement: These Terms, together with the Privacy Policy and other policies referenced herein, constitute the entire agreement and supersede all prior communications.

16.2Amendment: HOSPkart may modify these Terms at any time. Material changes will be notified at least fifteen (15) days before becoming effective. Continued use constitutes acceptance. If you disagree, discontinue use.

16.3Severability: If any provision is held invalid, remaining provisions continue in effect. Invalid provisions shall be modified to the minimum extent necessary.

16.4Waiver: No failure or delay by HOSPkart in exercising any right shall operate as a waiver. A waiver must be in writing.

16.5Assignment: You may not assign rights without HOSPkart's written consent. HOSPkart may freely assign to affiliates or successors.

16.6Force Majeure: HOSPkart shall not be liable for delays or failures resulting from causes beyond reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, government actions, strikes, internet failures, or power outages.

16.7Third-Party Rights: Except as expressly provided, nothing herein confers rights upon any person other than the parties.

16.8Notices: All notices shall be in writing and deemed delivered when sent by email to registered addresses or posted on the Platform.

16.9Language: These Terms are provided in English. The English version prevails in case of inconsistency with any translation.

17. GRIEVANCE OFFICER AND CONTACT INFORMATION

17.1In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Consumer Protection (E-Commerce) Rules, 2020, and the Digital Personal Data Protection Act, 2023, HOSPkart has appointed the following Grievance Officer:

Grievance Officer:
Name: Customer Support – HOSPkart
Designation: Grievance Officer
Email: Priyabijoriya@hospkart.com
Address: 7-A-18, Mahaveer Nagar III, Kota South, Kota, Rajasthan - 324005, India

17.2The Grievance Officer shall acknowledge complaints within twenty-four (24) hours and endeavour to resolve within fifteen (15) days.

17.3For general enquiries:
Email: info@hospkart.com
Phone: +91 9216015268
Address: 7-A-18, Mahaveer Nagar III, Kota South, Kota, Rajasthan - 324005, India

18. ACKNOWLEDGMENT

BY CLICKING "I AGREE", "I ACCEPT", OR BY CREATING AN ACCOUNT, ACCESSING, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT: (a) You have read and understood these Terms; (b) You agree to be bound by these Terms; (c) You meet the eligibility criteria; (d) You have authority to enter into these Terms; (e) You consent to personal data collection as described in our Privacy Policy; and (f) Your use of the Platform is subject to these Terms and applicable law.

* * * END OF TERMS OF USE * * *

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