loader image

TERMS OF SERVICE AGREEMENT

LAST REVISION: 25-02-2020
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, Lucid Implants (the ‘Website’), LUCID IMPLANTS PRIVATE LIMITED (“LUCID IMPLANTS”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. LUCID IMPLANTS reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. LUCID IMPLANTS will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. LUCID IMPLANTS encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with LUCID IMPLANTS for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS & SERVICE
Terms of Offer: This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Orders Placed Via the Service:
  • Placing an order: To order a product or service on our Website, chose the options and follow the instructions. Finally, you will be redirected to our payment provider’s website to initiate your payment. Please be informed that the language to be used during the whole ordering process is English.
  • Unacceptable orders, cancellation of orders by us: If an item is available through our Website, the basic assumption is that it can be produced. There are however technical or other reasons why we may not accept or cancel your order during the entire ordering process, even after our acceptance of your order. Such reasons can be for example but not limited to the unfeasibility of the item, the infringing feature of your item, the destination of the delivery you indicated in your order etc. In case we cancel your partial or entire order we will contact you via email and at our discretion will issue you store credit or a full refund for the cancelled item(s).
  • The prices displayed in the website are only indications and are valid only for the moment that they are displayed. We reserve the right to change its prices in the website without prior notice. Such change however will have no effect on orders completed before the posting of a new price on the website. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. Any monies paid related to that order will be refunded to you.
  • The amount indicated on the ordering page includes the fee for the Product or Service and the price for the materials used to produce the model. The price quoted on the Website includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). All prices are indicated in either Indian Rupees (INR). If you do not pay in INR, the currency conversion will be handled by our payment service provider. We shall not be responsible in any way for the payment process done via the payment service provider website. Please familiarize yourself with the terms of use of those products or services of the payment service provider. We will not process order for the or products or services until we have received confirmation of payment or the funds arrive in our bank account.
  • After accepting your order, we will send you an order confirmation by e-mail address associated with your user account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order, we will contact you by email. You should verify the details in the confirmation email. If there are errors, you should contact us as soon as possible by sending an email to hello@lucidimplants.com
  • Your order will be delivered to your shipping address. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon transfer of the goods from us to the shipment carrier.
  • Cancellation of your order return of items due to the customized feature of our products or services is not allowed. You cannot cancel your order after it is processed.

Proprietary Rights: LUCID IMPLANTS has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by LUCID IMPLANTS. LUCID IMPLANTS also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Sales Tax: If you purchase any Products, you will be responsible for paying any applicable sales tax.

II. WEBSITE
  • Content, Intellectual Property & Third-Party Links: In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about custom medical devices and Intraoperative tools. LUCID IMPLANTS does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that LUCID IMPLANTS does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. LUCID IMPLANTS does not endorse the contents on any such third-party websites. LUCID IMPLANTS is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
  • Use of Website: LUCID IMPLANTS is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
  • License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from LUCID IMPLANTS or the applicable third party (if third party content is at issue).
  • Posting: By posting, storing, or transmitting any content on the Website, you hereby grant LUCID IMPLANTS a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. LUCID IMPLANTS does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. LUCID IMPLANTS is not liable for any damage or harm resulting from any posts by or interactions between users. LUCID IMPLANTS reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content LUCID IMPLANTS deems objectionable, in its sole discretion.
III. DISCLAIMER OF WARRANTIES
We warrant only that the item made by us will substantially meet the features of the indicated item within the limitations of the technology. We do not give any warranty about the item and do not guarantee that the item will be fit for any particular purpose. Please inspect the item upon receipt immediately. If the item is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us within 8 days after receipt of the item. Such warranty claim can be made only within 8 days after receipt of the item by you. Do not return the item unless we require you to do so. We will confirm whether you are entitled to a replacement or refund. Transportation costs in respect of a faulty product will be borne by us. Your use of this website and/or products are at your sole risk. The website and products are offered on an “as is” and “as available” basis. LUCID IMPLANTS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LUCID IMPLANTS MAKES NO WARRANTY:
  • That the information provided on this website is accurate, reliable, complete, or timely.
  • That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
  • No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
  • As to the results that may be obtained from the use of the products or that defects in products will be corrected.
  • Regarding any products purchased or obtained through the website.
  • Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
IV. LIMITATION OF LIABILITY
These Terms of service set out the full extent of our obligations and liabilities in respect of the Service. THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US REGARDING THE SUPPLY OF SERVICE EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE. ANY WARRANTY, CONDITION OR OTHER TERM ARISING OUT OF OR IN CONNECTION WITH THE SERVICE WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THESE TERMS OF SERVICE BY STATUTE, COMMON LAW, LAWS APPLICABLE IN THE COUNTRY WHERE YOU ARE LOCATED (INCLUDING WITHOUT LIMITATION ANY IMPLIED TERM AS TO QUALITY, FITNESS FOR PURPOSE, REASONABLE CARE AND SKILL) ARE HEREBY EXPRESSLY EXCLUDED
Nothing in these Terms of service shall limit or exclude our liability (i) for death or personal injury caused by our gross negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
LUCID IMPLANTS WILL NOT BE LIABLE UNDER THESE TERMS OF SERVICE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY US FOR THE USE OF THE SERVICES
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless LUCID IMPLANTS, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to LUCID IMPLANTS. When LUCID IMPLANTS is threatened with suit or sued by a third party, LUCID IMPLANTS may seek written assurances from you concerning your promise to indemnify LUCID IMPLANTS; your failure to provide such assurances may be considered by LUCID IMPLANTS to be a material breach of this Agreement. LUCID IMPLANTS will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of LUCID IMPLANTS choice at its expense. LUCID IMPLANTS will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend LUCID IMPLANTS against any claim, but you must receive LUCID IMPLANTS prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. PRIVACY
LUCID IMPLANTS believes strongly in protecting user privacy. Please refer to LUCID IMPLANTS privacy policy, incorporated by reference herein, that is posted on the Website at Privacy Policy
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL
  • Force Majeure: LUCID IMPLANTS will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
  • Cessation of Operation: LUCID IMPLANTS may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
  • Entire Agreement: This Agreement comprises the entire agreement between you and LUCID IMPLANTS and supersedes any prior agreements pertaining to the subject matter contained herein.
  • Effect of Waiver: The failure of LUCID IMPLANTS to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  • Governing Law: This Website originates from the Nagpur, Maharashtra. This Agreement will be governed by the laws of the State of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor LUCID IMPLANTS will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
  • Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  • Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
  • Termination: LUCID IMPLANTS reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and LUCID IMPLANTS may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, LUCID IMPLANTS reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until LUCID IMPLANTS chooses, in its sole discretion and without advance to you, to terminate it.
  • Domestic Use: LUCID IMPLANTS makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. LUCID IMPLANTS assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
IX. CHANGES TO THESE TERMS
We reserve the right to change these Terms of Service from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore, we encourage you to check the Website often to read the latest version. All transactions are subject to the Terms of Service in effect at the time of the transaction.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
© 2020 Lucid Implants, All Rights Reserved.
Need Help? Chat with us