This Limitation of Liability Policy ("Policy") applies to all visitors, customers, patients, healthcare professionals, hospitals, clinics, distributors, dealers, business partners, organizations, and other users accessing or using [www.surgestore.in](http://www.surgestore.in) ("Website"), operated by Jindal Medi Surge ("JMS", "Company", "we", "our", or "us").
This Policy forms an integral part of and must be read together with:
* Terms & Conditions
* Privacy Policy
* Cookies Policy
* Refund & Return Policy
* Shipping & Delivery Policy
* Medical Device Disclaimer
* Any other policies published on the Website
By accessing or using the Website, purchasing products, or utilizing any services offered through the Website, you agree to this Policy.
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# 2. ASSUMPTION OF RISK
Users acknowledge that:
* Medical devices inherently involve risks.
* Surgical procedures inherently involve risks.
* Clinical outcomes cannot be guaranteed.
* Healthcare products may not be suitable for every individual.
* Product performance may vary depending upon circumstances.
Users voluntarily assume all risks associated with:
* Product selection
* Product purchase
* Product possession
* Product storage
* Product transportation
* Product installation
* Product sterilization
* Product handling
* Product use
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# 3. NO GUARANTEE OF RESULTS
The Company makes no representation, warranty, promise, or guarantee regarding:
* Medical outcomes
* Surgical outcomes
* Clinical outcomes
* Treatment success
* Implant success
* Rehabilitation success
* Patient recovery
* Product effectiveness
* Product suitability
Results depend on numerous factors beyond Company control.
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# 4. WEBSITE CONTENT DISCLAIMER
The Website may contain:
* Product descriptions
* Technical specifications
* Educational content
* Clinical information
* Product literature
* Videos
* Images
* Catalogs
* Articles
* Blogs
Such content is provided solely for informational purposes.
The Company does not guarantee:
* Accuracy
* Completeness
* Reliability
* Currency
* Suitability
Users must independently verify all information before relying upon it.
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# 5. NO MEDICAL OR PROFESSIONAL ADVICE
The Company is not a healthcare provider.
Nothing on the Website constitutes:
* Medical advice
* Surgical advice
* Treatment advice
* Diagnostic advice
* Regulatory advice
* Legal advice
* Professional advice
Users should consult qualified professionals before making decisions.
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# 6. THIRD-PARTY PRODUCTS
The Website may offer products manufactured by third parties.
The Company shall not be liable for:
* Manufacturer actions
* Product defects attributable to manufacturers
* Product recalls initiated by manufacturers
* Labeling changes
* Product modifications
* Manufacturer warranties
except to the extent required by applicable law.
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# 7. THIRD-PARTY SERVICES
The Company may utilize:
* Payment gateways
* Courier companies
* Logistics providers
* Cloud providers
* Hosting providers
* Analytics providers
* Security providers
The Company shall not be responsible for:
* Service interruptions
* Third-party failures
* Security incidents
* Data breaches
* Payment failures
* Delivery failures
arising from third-party services.
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# 8. PRODUCT MISUSE
The Company shall not be liable for any loss arising from:
* Improper use
* Unauthorized use
* Off-label use
* Clinical misuse
* Negligent use
* Improper storage
* Improper sterilization
* Improper maintenance
* Improper installation
* Improper transportation
of any product.
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# 9. PROFESSIONAL USE PRODUCTS
Products marked:
* Professional Use Only
* Hospital Use Only
* Prescription Required
* Restricted Sale Item
must be used only by appropriately qualified individuals.
The Company shall not be liable for unauthorized use of such products.
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# 10. INTERNATIONAL SALES LIABILITY
For international transactions, customers remain solely responsible for:
* Regulatory compliance
* Product registration
* Import permits
* Export restrictions
* Customs clearance
* Duties
* Taxes
* Licensing requirements
The Company shall not be liable for regulatory or customs-related issues.
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# 11. PRODUCT RECALLS
In the event of:
* Product recalls
* Safety notices
* Corrective actions
* Field safety actions
the Company's obligations shall be limited to those required by applicable law and manufacturer instructions.
The Company shall not be liable for indirect losses resulting from recalls.
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# 12. FORCE MAJEURE
The Company shall not be liable for any failure or delay caused by events beyond reasonable control, including:
* Natural disasters
* Floods
* Earthquakes
* Fires
* Pandemics
* Epidemics
* Government actions
* War
* Terrorism
* Cyberattacks
* Utility failures
* Transportation disruptions
* Labor disputes
* Supply chain interruptions
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# 13. EXCLUSION OF DAMAGES
To the maximum extent permitted by applicable law, Jindal Medi Surge, its affiliates, directors, officers, employees, contractors, suppliers, distributors, agents, licensors, and representatives shall not be liable for:
### Direct Damages
except where liability cannot legally be excluded.
### Indirect Damages
Including but not limited to:
* Business interruption
* Operational disruption
* Revenue loss
* Profit loss
* Productivity loss
### Consequential Damages
Including but not limited to:
* Secondary losses
* Commercial losses
* Opportunity losses
### Incidental Damages
Including but not limited to:
* Administrative costs
* Investigation costs
* Internal business expenses
### Special Damages
Including but not limited to:
* Unique project losses
* Customer-specific losses
### Punitive Damages
Including exemplary or punishment-based damages.
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# 14. MEDICAL AND CLINICAL LIABILITY EXCLUSION
To the fullest extent permitted by law, the Company shall not be liable for:
* Medical complications
* Surgical complications
* Patient injuries
* Patient disability
* Patient death
* Clinical decisions
* Treatment decisions
* Hospital decisions
* Surgeon decisions
* Physician decisions
* Professional negligence
whether arising before, during, or after product use.
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# 15. CYBERSECURITY AND TECHNOLOGY RISKS
The Company shall not be liable for:
* Data loss
* Website outages
* Cyberattacks
* Malware
* Viruses
* Hacking incidents
* Unauthorized access
* Service interruptions
Users acknowledge that no online system can be completely secure.
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# 16. MAXIMUM LIABILITY CAP
To the maximum extent permitted by law:
The total aggregate liability of Jindal Medi Surge arising from any claim, dispute, action, or proceeding shall not exceed:
**The actual purchase price paid by the customer for the specific product giving rise to the claim.**
Where no purchase has occurred:
The Company's total liability shall not exceed INR 1,000.
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# 17. TIME LIMIT FOR CLAIMS
Any claim arising from:
* Website use
* Product purchases
* Product delivery
* Services
* Transactions
must be commenced within:
**One (1) year**
from the date the claim first arose.
Claims brought after this period shall be barred to the maximum extent permitted by law.
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# 18. USER INDEMNIFICATION
Users agree to defend, indemnify, and hold harmless Jindal Medi Surge and its affiliates against all claims, losses, liabilities, damages, penalties, costs, and legal expenses arising from:
* Breach of Website policies
* Violation of laws
* Product misuse
* Professional negligence
* Regulatory violations
* Unauthorized resale
* False information supplied by users
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# 19. NO WAIVER
Failure by the Company to enforce any provision of this Policy shall not constitute a waiver of any right.
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# 20. SEVERABILITY
If any provision of this Policy is found unenforceable or invalid, the remaining provisions shall remain in full force and effect.
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# 21. GOVERNING LAW
This Policy shall be governed by and construed in accordance with the laws of India.
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# 22. EXCLUSIVE JURISDICTION
All disputes arising out of or relating to this Policy shall be subject exclusively to the jurisdiction of the competent courts located in New Delhi, India.
Users irrevocably submit to such jurisdiction.
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# 24. ACKNOWLEDGMENT
By accessing the Website, creating an account, placing an order, purchasing products, or using any services, users acknowledge that:
* They have read this Limitation of Liability Policy.
* They understand this Limitation of Liability Policy.
* They voluntarily accept the limitations described herein.
