Thank You for using our services. We hope you have a great experience using our site and find it worthy enough to invest your precious time in. By using this website, you indicate your understanding and acceptance of these terms. Please note that in event of change in this agreement we will publish it online at the website. We encourage you to review the site periodically for such changes. This is a legal and binding document between you and MEDSell.in (https://www.medsell.in). This electronic record is generated by a computer system and does not require any physical or digital signatures.
DESCRIPTION OF SERVICE AND CONTENT POLICY
A. MEDSELL.IN is the free online classifieds for medical/surgical equipment and parts. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products listed on the Website. Although you may be able to use the information available on the Website, MEDSELL.IN is not directly involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that MEDSELL.IN is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.
B. You understand that MEDSELL.IN does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation emails sent from outside MEDSELL.IN domain or other means of electronic communication. The contents provided on or through this Site are solely for information purposes and do not substitute for specific advice whether investment, legal, taxation or otherwise and are not intended to provide you with any nature of certification, guarantee or warranty. By accessing, browsing and using this Site, you agree and acknowledge that you understand this limited and restricted use and agree that you would not rely on the information and materials contained in this Site for any purposes except as MEDSELL.IN intended or specified under this Agreement. You further agree that in all actual matters, you are ultimately responsible for determining your specific requirements and consequences thereof. MEDSELL.IN disclaims all liability for damages caused by use of Content on the Site. You agree that you are providing MEDSELL.IN with personal details regarding your name, mobile phone number, e-mail address, postal address, company name, etc. You also agree that MEDSELL.IN may use the information for automated analysis. You further agree that MEDSELL.IN, to increase the value and benefit of this service to you, may provide your personal details to third parties namely potential buyers, sellers, as the case may be in the ordinary course of business or providing services to you.
C. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize MEDSELL.IN to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting the Content to MEDSELL.IN, you hereby grant to MEDSELL.IN an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and MEDSELL.IN's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by MEDSELL.IN in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to MEDSELL.IN all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website.
D. MEDSELL.IN does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and MEDSELL.IN expressly disclaims any and all liability in connection with user Content. MEDSELL.IN does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and MEDSELL.IN may, at its sole discretion, remove any infringing Content if properly notified that such Content infringes on another's intellectual property rights. MEDSELL.IN reserves the right to remove any Content without prior notice. MEDSELL.IN may also terminate a user's access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, MEDSELL.IN reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. MEDSELL.IN may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
2. FEATURED ADS
MEDSELL.IN offers a service known as "Featured Ads" where users may pay a non-refundable fee to have their ads posted in selected locations on the Website, thus potentially increasing an ads' visibility.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content that is in violation of any local, state, national or international laws;
i. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant MEDSELL.IN all of the license rights granted herein;
ii. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
iii. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
iv. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
v. that violates any local, state, national or international equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
vi. that 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
vii. that includes personal or identifying information about another person without that person's explicit consent;
viii. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
ix. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
x. that includes links to commercial services or Third Party Websites, except as specifically allowed by MEDSELL.IN;
xi. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by any local, state, national or international laws;
xii. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
xiii. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
xiv. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; or to "stalk" or otherwise harass anyone;
xv. make any libelous or defamatory comments or postings to or against anyone;
xvi. collect personal data about other users or entities for commercial or unlawful purposes;
xvii. attempt to gain unauthorized access to computer systems owned or controlled by MEDSELL.IN or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website;or
4. ACCESS TO THE SERVICE
MEDSELL.IN grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by MEDSELL.IN or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our policies, may engage in the activities set forth in (b). You are also permitted to create a hyperlink to the home page of the Website so long as the link does not portray MEDSELL.IN in a false, confusing, misleading, derogatory, or otherwise offensive matter. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from MEDSELL.IN.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENTS
MEDSELL.IN is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.
If you are a copyright owner or an agent thereof and believe that any user Content or other content at MEDSELL.IN site, infringes upon your copyrights, you should immediately notify to MEDSELL.IN's editors at email: support@MEDSELL.IN.in
The claim should include the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit MEDSELL.IN to locate the material;
iv. Information reasonably sufficient to permit MEDSELL.IN to contact you, such as an address, telephone number, and, if available, an electronic mail address;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Website, other than the user Content that you licensed, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MEDSELL.IN, and are subject to copyright and other intellectual property rights under any local, state, national or international laws. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MEDSELL.IN reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that MEDSELL.IN is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MEDSELL.IN with respect thereto.
You agree to defend, indemnify and hold harmless MEDSELL.IN, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to MEDSELL.IN email addresses or through MEDSELL.IN computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time MEDSELL.IN may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the MEDSELL.IN email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of MEDSELL.IN computer systems is a violation of these Terms and certain National and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
You acknowledge and agree that MEDSELL.IN shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that MEDSELL.IN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that MEDSELL.IN is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release MEDSELL.IN, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
10. LIMITATION AND TERMINATION OF SERVICE
MEDSELL.IN's functions/services depend on various factors such as software, hardware and communication networks etc., MEDSELL.IN does not guarantee that MEDSELL.IN's services will be continuous, uninterrupted, timely, secure or error-free and MEDSELL.IN is not responsible and liable for all that and for the failure of the internet or any data or telecommunication equipment, system or network used in connection with the site or the products.
You acknowledge and agree that MEDSELL.IN may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that MEDSELL.IN has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that MEDSELL.IN reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that MEDSELL.IN shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that MEDSELL.IN, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if MEDSELL.IN believes that you have violated these Terms. Further, you agree that MEDSELL.IN shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW MEDSELL.IN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MEDSELL.IN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. MEDSELL.IN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEDSELL.IN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL MEDSELL.IN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MEDSELL.IN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE MEDSELL.IN SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MEDSELL.IN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by MEDSELL.IN from its facilities in INDIA. MEDSELL.IN makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MEDSELL.IN without restriction. Any assignment or transfer by you shall be null and void.
14. ABILITY TO ACCEPT TERMS OF SERVICE
This Website is intended only for adults. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 18, as the Website is not intended for children under 18.
NOTICE TO CHILDREN UNDER THE AGE OF 18 AND THEIR PARENTS OR GUARDIANS If you are under the age of 18, YOU MUST NOT USE THIS WEBSITE. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.
15. GENERAL INFORMATION
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and MEDSELL.IN and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and MEDSELL.IN shall be governed by the laws of INDIA without regard to its conflict of law principles. You and MEDSELL.IN agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Gujarat, India. The failure of MEDSELL.IN to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT MEDSELL.IN MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER THE LAWS OF REPUBLIC OF INDIA. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
16. GOVERNING LAW & JURISDICTION:
This agreement shall be governed by and construed in accordance with the laws of REPUBLIC OF INDIA and the Courts at Ahmedabad, Gujarat, India shall have exclusive jurisdiction in all matters and disputes arising out of and relating to the Website. The parties shall attempt to settle any dispute arising from and/or in connection with this agreement by way of negotiation. If the dispute is not so resolved within 30 days, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. Each party shall nominate its own arbitrators and the two arbitrators thus nominated shall appoint the Chairman of Arbitral Tribunal and the place of arbitration shall be Ahmedabad in India only. The language of the Arbitration shall be English.