This Agreement shall commence on the date the products (set out in invoice between us and Customer) (“Product(s)”) are delivered to the Customer.
WHEREAS, the SF Healthtech being a part of KREATIVE ENTERPRISES (referred to as “we”, “us”, “our” “company” or “KREATIVE ENTERPRISES”), is the owner of the products called the “Products”;
WHEREAS, we wish to lease to the Customer, and Customer wishes to lease from us, the Products upon the terms and conditions stated herein;
WHEREAS, KREATIVE ENTERPRISES and Customer have connected through the SF Healthtech.Com, an online website (“Website”), and are legally bound by the Rental Terms of Service set forth as below.
- Acceptance of the Terms: Customers should read these Rental Terms & conditions carefully. By placing an order on our website or by clicking to accept or agree to these Rental Terms & conditions when this option is made available to Customer, Customer accepts and agrees to be bound and abide by these Rental Terms & Conditions. We RESERVE THE RIGHT TO ADD TO, SUBTRACT FROM, OR CHANGE THESE RENTAL TERMS & CONDITIONS AT ANY TIME, WITH OR WITHOUT NOTICE. The Customer’s continued use of our website, or continued rental of Products, shall constitute the Customer’s acceptance to the revised Terms.
- Terms and Conditions
- Term: The term of the lease between us and Customer for the products shall commence on the Delivery Date and continue for a period as selected by the Customer from different rental packages provided by us on the website unless this Agreement is terminated earlier in accordance with the provisions hereof. We provide our Customers, an option to opt for different tenures as available on the website with the option of early closure of the term of the Agreement. In case of early closure, the Customer can request for closing the order by informing us in writing. In the event of early closure, the Customer shall be liable to pay the early closure charges which shall be calculated (please refer www.SFHealthtech.com for detailed break up) based on the tenure selected by the Customer.
- Payment: The Customer agrees to pay to us the entire rental amount, shipping charges, taxes plus security deposit (“Total Amount”) as mentioned in the rental package selected by the Customer in advance. Only after receipt of the Total Amount will the process of delivery of the rented products take place. The Customer also agrees to pay any other charges or fees due as per this agreement within 7 working days of notice of such charges and fees. The Customer shall make all payments to us only. In the event, the Customer does not make payments to us or does not return the Products or is not traceable, in addition to any other rights, the Customer agrees that we shall have the right to reach out to the Customer’s relatives, friends, employee/employer, offices; and also take all possible legal actions available under the law. Further except as otherwise provided in this Agreement, all amounts paid to us under this Agreement are non-refundable.
- Security Deposit: In addition to the rental fee, shipping fees and taxes the customer shall pay a nominal security deposit as mentioned in the rental packages provided on the website at the time of placing the order on the website. The Security Deposit shall not carry any interest for the entire tenure. This deposit shall be returned to the Customer upon termination of this Agreement and after taking delivery of all the Products from the possession of the Customer. Once the final quality check is performed by us on all the Products, and in case no damage (as per damage clause) is found, the Security Deposit shall be refunded within 7-10 working days to the Customer. In case any damage is found in any Product(s) or the any product(s) are not returned back at the end of the tenure, we shall have the right to deduct the charges for the damages from the security deposit. Notwithstanding the foregoing, however Customer shall remain liable for all damages and fees owed to us in excess of the security deposit. We shall refund the Security Deposit to the account from which initial the Security Deposit was paid by the Customer. The same account details shall be confirmed before returning the Security Deposit.
- Product Description: The products offered by us under these rental schemes are refurbished, retouched and in untainted condition. We deliver the products only after proper inspection and sanitisation process after giving utmost care to hygiene. The customer can be rest assured the products send to them will be almost like new. We shall inspect the quality and ensure that the Products are operational and in suitable condition before the delivery of the Products to the Customer. We, on our sole discretion, in event of damage may also further provide minor repairs and cleaning of the products during the rental tenure.
- Confirmation of Order: On receipt of the order and payment of the Total amount, we shall confirm the order along with the delivery address and delivery date with the Customer by sending a confirmation to the registered e-mail address of the Customer. Once the order is confirmed it cannot be cancelled by the Customer, we do not have a refund and cancellation policy. In the event, any product selected by the Customer is unavailable; we shall substitute with a similar product and inform the same to the Customer. We reserve the right to replace any product selected by the Customer in the event of unavailability. Mere payment of the Total amount shall not be considered as the valid contract. The order raised by the Customer shall be processed subject to successful verification of the KYC documents and serviceability of the Customer location as per our Policy. In the event the order is rejected by us, the Total amount paid by the Customer shall be refunded to the Customer.
Delivery: Delivery of products would be done in 8-10 working days post confirmation of Order. In case of deviation, the customer will be informed. We shall use our reasonable commercial efforts to deliver the products to the Delivery Location by the Delivery Date. The Customer shall be present at the delivery location at the time of delivery agreed between us and the Customer. In case the Customer is not present for taking delivery, at the location and for some reason second delivery attempt is required, we shall charge an extra shipping cost to the Customer. The Customer shall ensure that we have access to the Delivery Location in order to deliver the products. Currently we are providing the rental schemes only in Mumbai.In case any claim of damage is brought against the Product after the acceptance of delivery by the Customer, we shall not be responsible towards replacing the Product and may levy a damage to be ascertained as per the damage policy below.
- Damages: The Customer agrees to pay for any damage to, loss of, or any theft (disappearance) of items, regardless of cause or fault. Minor scratches and chipping (depending on size) to the product shall be considered as normal wear and tear. We shall ascertain the extent of the damage and applicable penalty for such damage on the receipt of the Products from the Customer. Any removal, alteration, disfiguring or cover up any numbers, lettering, or insignia displayed on any Product shall be considered as damage to the Product and shall be chargeable against the Customer which can be charged over and above the Security Deposit.
- Care, Use and Location: The customer is responsible, at your own cost and expense, for maintaining each product, keeping it in good condition, ordinary wear is excepted. The Customer shall prevent the products from being subjected to careless, unusual, inappropriate or improper usage and shall use the products only for the purpose identified. The customer shall not alter the Products without our prior written consent. The Products shall not be removed/ shifted from the delivery location, without our written consent. We shall have a right to inspect the products at reasonable time by giving 48 hours’ notice.
Return of Products: On the expiry of the rental tenure or termination of this Agreement for any reason whatsoever, the customer shall return the Products to us in as good condition as when delivered subject only to ordinary wear and tear. The Customer shall be informed about the pick-up atleast 10- 15 days before the end of the tenure. The pick up will be done by us free of cost but it will be attempted only 3 times (within 7 days from end of the rental tenure or termination of this Agreement), if for any reason goods are not returned in 3 pick up attempts (within 7 days from end of the rental tenure or termination of this Agreement) the customer will have to pay the handling and other fees to us. The Customer is also required to keep the original packages in which the products were delivered, as it will be used for repacking while returning the goods. In any case if customer fails to return the products, we shall have the right to exercise any one or more of the following remedies:
- To charge and recover full retail value of the Products from the Customer;
- To sue the Customer for and recover all other payments, fees and charges, then accrued or thereafter accruing, with respect to any or all of the Products;
- To take possession of the Products without demand or notice, or legal process. The Customer hereby waives any and all damages occasioned by such taking of possession;
- To terminate this Agreement and not refund the Security Deposit; and
- To pursue any other remedy at law or in equity.
- Termination: The Agreement shall terminate on last day of the rental term. We shall have the right to terminate this Agreement immediately if there is breach of any of the terms of this Agreement. Consequences of termination: a. We shall have the right to take possession of the Products delivered to the Customer immediately; b. Any payment pending from the Customer shall become payable immediately to us. c. The Security Deposit paid by the Customer shall be refunded to the Customer post the damage assessment of the Products. Notwithstanding any other terms of this Agreement, we shall have the right to terminate the Agreement without any cause by providing 15 days’ notice to the customer.
- No subletting / Assignment: The Customer shall not sublease or otherwise assign, transfer or convey any interest it may have in or to the Products. We may assign this Agreement without notice to the Customer. Subject to the foregoing, this Agreement extends to the benefit of, and is binding upon, the successors, heirs, executors and administrators, as the case may be, of the parties.
- Ownership: We shall at all times retain ownership and title of the Products. The Customer shall not encumber, pledge, or permit any lien to be placed on the Products, and the Customer shall give us immediate notice in the event that any of the Products are levied upon or are about to be become liable to or is threatened with seizure. The Customer shall indemnify us against all loss or damage caused by any such action.
- Assignment: The Customer shall not assign or transfer any interest in this Agreement or the Products. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. We reserve the right to assign this Agreement, to any third party (including credit rating agencies, factoring agents and NBFC) without prior notice to the Customer.
- Default and Remedies. The Customer will be considered to have defaulted under this Agreement in the event that either (i) Customer commits breach of these Terms and conditions; or (ii) fails to hand over the Products to us at the end of the rental term. In the event of a Default, we may, in our sole discretion elect any one or more of the following remedies, in addition to any other remedies it may have at law or equity: (a) declare all Fees and charges to be immediately due and payable; and (b) demand immediate return of all the products and terminate this Agreement.
- Modifications of Service and Prices: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the rental Service (or any part thereof) with or without notice. We shall not be liable to Customer or to any third party for any modification, price change, suspension or discontinuance of the rental Service. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you are charged.
- Indemnity: The Customer hereby agrees to indemnify us and our directors, officers, employees and authorized representatives against, and hold all of such parties harmless from and against, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including legal fees, arising out of, in connection with, or resulting from the Customer’s use, operation, control, possession, and storage of the Products including, without limitation, any negligence of the Customer whether by commission or omission and any liability for injury (or death) to persons or property caused by the Customer’s use, operation, control, possession, and storage of the Products. In no event shall we be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Products. This Section shall survive and not merge with the expiration or termination of this Agreement.
- Force Majeure: We shall not be liable for failures in performance, including delay or non-shipment, resulting from acts or events beyond our reasonable control. Such acts or events shall include, but shall not be limited to, acts of God, civil or military authority, civil disturbance, fire, strikes, lockouts or slowdowns, factory or labor conditions, inability to obtain necessary labor, materials or manufacturing facilities, delayed issuance of export control licenses, or other “force majeure” events beyond our reasonable control.
- Entire Agreement: This Agreement together with all terms and conditions and Invoices constitutes the entire agreement between the parties hereto and supersedes all other understandings, agreements, negotiations and discussions, written or oral, made by the parties hereto with respect to the subject matter hereof.
- Severability: If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, it will be ineffective only to the extent of its illegality, invalidity or unenforceability without affecting the validity or the enforceability of the remaining provisions of this Agreement.
- Limitation of Liability: In no event shall we be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data of any kind in connection with use of the Products. Notwithstanding any other provision of this Agreement our total liability to Customer shall not exceed the total amount collected from the Customer.
- Survival; Successors and Assigns: Any rights or obligations of the Parties in these Terms which, by their nature, should survive termination or expiration of this Agreement will survive any such termination or expiration. Subject to the limitations set forth herein, these Terms shall inure to the benefit of and be binding upon the parties, their successors and assigns.
- Arbitration: Notwithstanding anything to the contrary contained herein, any legal controversy or legal claim arising out of or relating to this Agreement including any question regarding the existence, validity or termination of this Agreement (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, we may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Mumbai and the language of this arbitration shall be English. Either Customer or we may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai necessary to protect the rights or the property belonging to Customer or us (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither Customer nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between customer and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This clause shall survive termination of this Agreement.
- Governing Law: This Agreement shall be governed by the laws of India and shall be subject to exclusive jurisdiction of courts in Mumbai.
- Notices: Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be delivered in person, transmitted by email or other means of recorded electronic communication, or sent by courier or registered mail, charges prepaid, addressed as follows: If to us: Address: KREATIVE ENTERPRISES, 001, Motivilla, Azad Road, Vile Parle (East), Mumbai 400 049.
If to the Customer, Address: As written on KYC documents of the Customer; Email: As registered with us.