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TERMS & CONDITIONS FOR E PHARMACY WEBSITE
This document is an electronic record in terms of Information Technology Act, 2000
and rules there under as applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a computer system and does not
require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require
publishing the rules and regulations, privacy policy and Terms of Use for access or
usage of www.quickto.co.in website General
A) GENERAL
i. www.Quickto.co.in, an internet based portal and (hereinafter be
referred to as “Website") is operated by Sweven Healthcare Private Limited
(hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company
duly incorporated under the provisions of the Companies Act, 2013.
ii. Use of the Website is offered to you, subject to acceptance of all the terms,
conditions and notices contained in these Terms including applicable policies
which are incorporated herein by reference, along with any amendments /
modifications made by Company at its sole discretion and posted on the
Website, including by way of imposing an additional charge for access to or
use of a service(s).
iii. For the purpose of these Terms of Use, wherever the context so requires
"You" “Your” or "User" shall mean any natural or legal person who has agreed
to become a buyer on the Website by providing Account Information (defined
below) while registering on the Website as a registered User using the
computer systems.
iv. Company shall not be required to notify You, whether as a registered user or
not, of any changes made to the Terms and Conditions ("Terms"). The
revised Terms shall be made available on the Website. Your use of the
Website and the Services is subject to the most current version of the Terms
made available on the Website, at the time of such use. You are requested to
regularly visit the Website to view the most current Terms. It shall be your
responsibility to check the Terms periodically for changes. Company may
require You to provide Your consent to the updated Terms in a specified
manner prior to any further use of the Website and the Services, provided on
the Website. If no such separate consent is sought, Your continued use of the
Website, following changes to the Terms, will constitute your express
acceptance of those changes.
v. By (i) using this Website or any facility or service provided by this Website in
any way; or (ii) merely browsing the Website, You agree that you have read,
understood and agreed to be bound by, including without limitation, these
Terms, the Website's Privacy Policy. and such other rules, guidelines,
policies, terms and conditions as are relevant under the applicable law(s) in
India and other jurisdictions for the purposes of accessing, browsing or
transacting on the Website, or availing any of the Services, and such rules,
guidelines, policies, terms and conditions shall be deemed to be incorporated
into, and considered as part and parcel of these Terms of Use.
vi. Company shall not be liable to deliver any Products purchased by You for
delivery, in locations outside India.
vii. The User agrees to use the service to authorize an individual and get the
products from the third party on his/her behalf.
B) PRODUCTS AND SERVICES
The Website is a platform that facilitates the online requisition by the user for
purchase of medicines offered by Company's various registered third-party/ies (third-parties shall for the purpose of this Terms, include without limitation third party licensed retail pharmacies) ("Products"). The sale & purchase / transaction between the registered third-parties and you, of Products, facilitated by the requisition placed by you on the Website shall be governed by these Terms. Company is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between you and the third-parties. Company further reserves the right to change or modify these Terms of Use or any policy or guidelines of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications made will be effective immediately upon posting the revisions on the Website and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm your acceptance of such changes or modifications. Technology Platform for Pharmaceutical Products – Company facilitates the purchase of drugs offered by third-party licensed retail pharmacies (“licensed Retail Pharmacies or Third Party Pharmacies”). The Company and the Website merely provide hosting services to you and persons browsing/ visiting the Website. All items offered for sale on the Website, and the content made available by the licensed Retail Pharmacies, are third party user generated contents and third party products. The Company has no control over such third party user generated contents and/Pharmaceutical Goods and Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The quality of the Pharmaceutical Goods and Services made available by the licensed Retail Pharmacies through the Website shall be the sole responsibility of the licensed Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
The Company does not take any representation or warranty as to legal title of the
Pharmaceutical Goods and Services offered for sale by the licensed Retail
Pharmacies on the Website. The right, title, claim or interest in the products sold
through the Website shall not vest with the Company and the Company shall not
have any obligations or liabilities in respect of any transactions on the Website.
The Company is not responsible for delayed, non-performance or breach of contract
entered into between You and the third-party for purchase and sale of goods or
services offered by such Third Party Pharmacies on the Website;
The Company gives no guarantee that the concerned third-party pharmacies will
perform any transaction concluded on the Website. The Company is not responsible
for the Pharmaceutical Goods and Services which are out of stock, back ordered or
otherwise unavailable, but were shown as available on the Website at the time of
placement of order by you.
C) CONTENT
You agree and acknowledge that the respective third-party pharmacies are exhibiting
Third Party Content which includes catalogue of drugs and information in relation to
such drugs, on the Website. The content available on the Website, including without
limitation, text, copy, audio, video graphics etc is for general information purposes
only and does not constitute either an advertisement or promotion of any drug being
offered for sale by the third-party pharmacies on the Website or any professional
medical advice, diagnosis, treatment or recommendation of any kind. Further, the
Company shall not be responsible for ensuring that the content made available are
not misleading and describe the actual condition of the Pharmaceutical Goods. Also,
you acknowledge and understand that the Company provides no warranty or
representation with respect to the authenticity of the information provided on the
Website and you must do your own check.
The Company shall not be, in any event, held responsible or liable for any damages
arising out of such content by third-parties.
D) PRESCRIPTION DRUGS
In order to purchase drugs that require a valid prescription, you are required to
upload a scanned copy of the valid prescription on the Website. Third- Party
Pharmacies will verify the prescription forwarded by you and in case of any
discrepancy observed by the third-party pharmacies, the order will be cancelled by
the third-party pharmacies immediately. You are also required to make the original
prescription available at the time of receipt of delivery of the order. You shall also
allow the delivery agent to stamp the original prescription at the time of medicine
delivery failing which medicines will not be delivered.
Substitution of Prescribed Drugs- You acknowledge and accept that the order for
a substitute of a Prescription Drug would only be processed if the medical expert/
doctor has himself/ herself permitted for any other equivalent generic drug to be
dispensed in place of the Prescription Drug in the prescription or if the prescription
solely lists the salt names instead of a specific brand name.
You further acknowledge and accept that, in the absence of the above, the
concerned Third Party Pharmacy would not dispense a substitute drug in place of
the Prescription Drug.
Invitation to offer for sale- The listing of drugs on the Website by the Third Party
Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The
placement of an order by you shall constitute an offer by you to enter into an
agreement with the Third Party Pharmacies (“Offer”). Post the Offer from the Third
Party Pharmacies, the Company shall send an email to you with the information on
the Offer along with the details of the concerned Third Party Pharmacy(s) who may
undertake the sale, and such an email shall not be considered as an acceptance of
the Offer. The acceptance of the Offer would only be undertaken by the Third Party
Pharmacy(s) after the validation/ verification of the prescription by such Third Party
Pharmacy (in case of Prescription Drugs) and the ascertainment of the available
stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as
other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to
You.
It is hereby clarified that any reference of the term ‘offer/ offered for sale by the
licensed Retail Pharmacies’, as appearing in these Terms of Use, shall be construed
solely as an ‘invitation to offer for sale’ by any such licensed Retail Pharmacies.
Transfer of Property and Completion of Sale- Upon acceptance of the Offer by
the concerned licensed Retail Pharmacies (being the brick and mortar pharmacy, the
Pharmaceutical Drugs would be dispensed at the pharmacy, in accordance with the
terms of the order placed by You. Such dispensation shall also take place under the
direct/ personal supervision of the pharmacist of the licensed Retail Pharmacies,
wherever required under the applicable law(s).
You agree and acknowledge that the property and title in the Pharmaceutical Drugs
ordered by You shall stand immediately transferred to You upon the dispensation of
Pharmaceutical Drugs and Services and the raising of the invoice at the concerned
licensed Retail Pharmacies. Accordingly, the sale of Pharmaceutical Drugs and
Services is concluded at the concerned licensed Retail Pharmacies itself.
The invoice in relation to the Pharmaceutical Drugs that are required to be delivered
to you shall be issued by the concerned licensed Retail Pharmacies (being the brick
and mortar pharmacy) which is to process and satisfy the order for such
Pharmaceutical Drugs and Services.
Drugs Delivery-The Pharmaceutical Drugs shall be delivered by the licensed Retail
Pharmacies or independent contractors. You accept and acknowledges that the
courier/ delivery personnel, engaged by the licensed Retail Pharmacies or the
Company, shall be User Agent of the delivery of the Pharmaceutical Drugs from the
concerned licensed Retail Pharmacies to the address notified by You, with no control
over the Pharmaceutical Drugs and no additional obligation apart from standard
delivery obligations and duty of care.
The Company does not recommend any specific drugs, products, opinions or other
information that may be mentioned in the Website. Reliance on any information
provided on the Website is solely at your own risk. You shall call your nearest
doctor/hospital or any related helpline in case of any medical emergency or for
critical health situations and may not be best solution where a face-to-face
consultation is required. Hence, we discourage any delay in seeking advice from
your doctor on account of something that you may have heard/viewed on the
Website.
Further, the Company shall not it is your responsibility for ensuring that the
information submitted is accurate and the Company shall not make any effort to
validate any information provided by You for using the Services with respect to
content,
E) ELIGIBILITY OF USE
Use of the Website is available only to persons who can form legally binding
contracts under Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 including without
limitation minors, un-discharged insolvents etc. are not eligible to use the Website.
The Products shall also not available to any Users suspended or removed from the
company’s system for any reason whatsoever. If you do not conform to the above
qualification, you will not be permitted to put a requisition for the Products through
the Website. By accessing and using this Website, You represent that you are of
legal age to form a binding contract and are not a person barred from receiving
services under the laws as applicable in India. Notwithstanding the foregoing, if you
are below the age of eighteen (18) years, You may avail the services provided by the
Website, through Your legal guardian in accordance with the applicable laws.
Company reserves the right to terminate your membership and / or refuse to provide
you with access to the Website if it is brought to Company’s notice or if it is
discovered that you are under the age of 18 years.
Company reserves the right to refuse access to use the services offered at the
Website to new Users or to terminate access granted to existing Users at any time
without according any reasons for doing so and you shall have no right to object to
the same.
You shall not have more than one active Account on the Website. Additionally, you
are prohibited from selling, trading, or otherwise transferring Your Account to another
party.
F) USER ACCOUNT, PASSWORD AND SECURITY
Company shall enable You to make the requisition of Products and Services
available to You through the Website, only if You have provided Company certain
required User information, including without limitation, name; user ID; email address;
address; gender; age; phone number; password; valid finance account information;
and other details and created an account ("Account") through Company ID and
password or other log-in ID and password, which can include a facebook, gmail,
yahoo ID or any other valid email ID (collectively, the "Account Information") . The
transaction and delivery of the Products by the registered merchants/vendors may
also be subject to procedures for use of the Website, Terms, uploaded guidelines,
rules, additional terms of service, or other disclaimer & notices, if any ("Additional
Terms"). If there is any conflict between the Terms and the Additional Terms, the
Additional Terms shall take precedence in relation to that service.
The Website requires you to register as a User by creating an Account in order to
avail of the services provided by the Website. You will be responsible for maintaining
the confidentiality of the Account Information, and are fully responsible for all
activities that occur under Your Account. You agree to (a) immediately notify
Company of any unauthorized use of Your Account or Account Information or any
other breach of security, and (b) ensure that You exit / log out from Your Account at
the end of each session. Company cannot and will not be liable for any loss or
damage arising from your failure to comply with this condition. You may be held
liable for losses incurred by Company or any other User of or visitor to the Website
due to authorized or unauthorized use of Your Account as a result of your failure in
keeping Your Account Information secure and confidential or otherwise.
The Website also allows / shall allow restricted access to the Website for
unregistered Users.
You shall ensure that the Account Information provided by You in the Website's
registration form is true, complete, accurate and up-to-date.
Use of another User's Account Information for availing the services offered by
Company is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete
(or becomes untrue, inaccurate, not current or incomplete), or Company has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Company has the right to suspend or terminate Your Account
and refuse any and all current or future use of the Website by You.
You confirm that you are the authorised holder of the credit card or the original
account holder used in the transactions he/she makes using the Website. Company
will not be responsible for any financial loss, inconvenience or mental agony
resulting from misuse of the Your ID/password/credit card number/account details
number for using the Website.
The Website uses temporary cookies to store certain data (that is not sensitive
personal data or information) that is used by Company for the technical
administration of the Website, research and development, and for User
administration. In the course of serving advertisements or optimizing services to You,
Company may allow authorized third parties to place or recognize a unique cookie
on the Your browser. Company does not store personally identifiable information in
the cookies.
G) PRICING INFORMATION AND PAYMENT
Company strives to provide you with the best prices possible on the Products you
require from the Website. The pricing details for purchase of Products from the
Website are detailed under these Terms.
Further:
i. All commercial terms such as price, delivery, dispatch of Products and/or
services are as per principal to principal bipartite contractual obligations between
User and the third parties.
ii. Your relationship with Company is on a principal to principal basis and by
accepting these Terms of Use You agree that Company is an independent
contractor for all purposes, and does not have control of or liability for the
products that are listed/ offered on Company's Website. Company does not
guarantee the identity of any third-parties nor does it ensure that a User or a
third party will complete a transaction.
iii. You, as a User, understand that upon initiating a requisition on the Website
that you are entering into a legally binding and enforceable contract with the third
party to purchase the Products from the third party on a cash on delivery basis or
such the mode as may be specified by Company.
iv. You, as a User, shall hand over a copy of the prescription, at the time of
delivery, for the delivery of Products which as per law requires a valid
prescription signed by a medical practitioner. You acknowledge that delivery of
such Products shall be made only if the third party or its agent/employee is
satisfied that the prescription is in compliance with applicable norms.
v. You, as a User, shall electronically notify Company using the appropriate
Company’s Website features immediately upon Delivery or non-Delivery within
the time period as provided in these Terms of Use. Non-notification by you of
delivery or non-delivery within the time period specified in these Terms of Use
shall be construed as a deemed delivery in respect of that particular order.
vi. You, as a User, shall be entitled to claim a refund in accordance with the
Refund and Return Policy of the Company.
vii. Refund shall be made in Indian Rupees only and shall be equivalent to the
Transaction Price received in Indian Rupees.
viii. Refund shall be subject to User complying with these Terms of Use.
ix. Company reserves the right to refuse to process orders/requisitions from
Users with a prior history of questionable charges including without limitation
breach of any agreements by User with Company or breach of any policy.
x. The User and third-party acknowledge that Company will not be liable for any
damages, interests or claims etc. resulting from not processing a
transaction/transaction price or any delay in processing a transaction/transaction
price which is beyond control of Company.
xi. You acknowledge that Company is a mere facilitator and does not fall within
the purview of the Food Safety and Standards Act, 2006 and the rules framed
thereunder.
xii. You acknowledge that Company is a mere facilitator and does not fall within
the purview of the Drugs and Cosmetics Act, 1940 and the rules framed
thereunder.
xiii. The User also agrees to pay a nominal fee for the same.
xiv. The User understands and agrees that all prices of the products are indicative and that actual prices may vary as per the Product Batch.
H) USER OBLIGATIONS
Subject to compliance with these Terms, Company grants you a personal, non-
exclusive, non-transferable, limited privilege to access and use this Website and the
services provided herein.
You agree to use the services, Website and the materials provided therein only for
purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation
or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to adhere to all limitations on dissemination, use and reproduction of any
materials (such as the Product catalogues) that You access on the Website in
accordance with Section 7 below.
You agree not to access (or attempt to access) the Website and the materials or
services by any means other than through the interface that is provided by
Company. You shall not use any deep-link, robot, spider or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Website or Content (as defined
below), or in any way reproduce or circumvent the navigational structure or
presentation of the Website, materials or any Content, to obtain or attempt to obtain
any materials, documents or information through any means not specifically made
available through the Website.
You acknowledge and agree that by accessing or using the Website or Services,
You may be exposed to content from other users that you may consider offensive,
indecent or otherwise objectionable. Company disclaims all liabilities arising in
relation to such offensive content on the Website. Further, you may report such
offensive content in the manner prescribed herein.
If Website allows you to post and upload any material on the Website, You hereby
undertake to ensure that such material is not offensive and in accordance with
applicable laws. Further, you undertake not to:
i) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
ii) Impersonate any person or entity, or falsely state or otherwise misrepresent
Your affiliation with a person or entity;
iii) Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information through any bookmark, tag or keyword;
iv) Upload files that contain software or other material protected by applicable
intellectual property laws unless You own or control the rights thereto or have
received all necessary consents;
v) Upload or distribute files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of the Website or
another's computer;
vi) Engage in any activity that interferes with or disrupts access to the Website or
the services (or the servers and networks which are connected to the Website);
vii) Attempt to gain unauthorized access to any portion or feature of the Website,
any other systems or networks connected to the Website, to any Company
server, or to any of the services offered on or through the Website, by hacking,
password mining or any other illegitimate means;
viii) Probe, scan or test the vulnerability of the Website or any network connected to
the Website, nor breach the security or authentication measures on the
Website or any network connected to the Website. You may not reverse look-
up, trace or seek to trace any information on any other user, of or visitor to, the
Website, or any other customer of Company, including any Company Account
not owned by You, to its source, or exploit the Website or service or information
made available or offered by or through the Website, in any way whether or not
the purpose is to reveal any information, including but not limited to personal
identification information, other than Your own information, as provided for by
the Website;
ix) Disrupt or interfere with the security of, or otherwise cause harm to, the
Website, systems resources, accounts, passwords, servers or networks
connected to or accessible through the Websites or any affiliated or linked
sites;
x) Collect or store data about other users in connection with the prohibited
conduct and activities set forth in this Section.
xi) Use any device or software to interfere or attempt to interfere with the proper
working of the Website or any transaction being conducted on the Website, or
with any other person's use of the Website;
xii) Use the Website or any material or Content for any purpose that is unlawful or
prohibited by these Terms, or to solicit the performance of any illegal activity or
other activity which infringes the rights of Company or other third parties;
xiii) Conduct or forward surveys, contests, pyramid schemes or chain letters;
xiv) Download any file posted by another user of a service that you know, or
reasonably should know, cannot be legally distributed in such manner;
xv) Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded;
xvi) Violate any code of conduct or other guidelines, which may be applicable for or
to any particular Service;
xvii) Violate any applicable laws or regulations for the time being in force within or
outside India;
xviii) Violate the Terms including but not limited to any applicable Additional Terms
of the Website contained herein or elsewhere; and
xix) Reverse engineer, modify copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell any
information or software obtained from the Website.
Company has no obligation to monitor such communications by You. However,
Company reserves the right to review materials posted by You and to remove any
materials in its sole discretion. Company reserves the right to terminate the User's
access to any or all of such communication services provided by Company at any
time without notice for any reason whatsoever.
Company reserves the right at all times to disclose any information as is necessary
to satisfy or comply with any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Company's sole discretion.
Company does not control or endorse the content, messages or information found in
any communication service and, therefore, Company specifically disclaims any
liability or responsibility whatsoever with regard to the communication services and
any actions resulting from the user's participation in any communication service.
You agree that you are solely responsible to Company and to any third party for any
breach of your obligations under the Terms and for the consequences (including any
loss or damage which company or its affiliates or its vendors may suffer) for any
such breach.
You agree and acknowledge that Company is not the third party of the Products and
Company shall in no manner be deemed to be the third party of the Products on this
Website. Company is only facilitating purchase of the Products by You from the third
parties by providing the services to you.
You agree that Company may, at any time, modify or discontinue all or part of the
Website, charge, modify or waive fees required to use the Website, or offer
opportunities to some or all Website Users.
You agree that the Website may not be used for illegal purposes. The Information
and Services may not be used for any illegal purpose. You may not access our
networks, computers, or the Information and Services in any manner that could
damage, disable, overburden, or impair them, or interfere with any other person's
use and enjoyment. You may not attempt to gain unauthorized access to any
Information or Services, other accounts, computer systems, or networks connected
with the Website, the Information, or Services. Such unauthorized access includes,
but is not limited to, using another person’s login credentials to access his or her
Company profile/ account. Any attempt by any individual or entity to solicit login
information of any other user or Medical Expert or to access any such account is an
express and direct violation of these Terms of Use and of applicable law(s), including
relevant privacy and security laws and laws prohibiting unfair or unethical business
practices.
I) USE OF MATERIALS
Except as expressly indicated to the contrary in any applicable Additional Terms,
Company hereby grants You a personal, non-exclusive, freely revocable (upon
notice from Company), non-transferable access to view, download and print product
catalogues or any other materials available on the Website, subject to the following
condition:
You may access and use the materials solely for personal, informational, and
internal purposes, in accordance with the Terms;
You may not modify or alter Product catalogues or any other materials available on
the Website;
You may not distribute or sell, rent, lease, license or otherwise make the Product
catalogues or any other materials available on the Website available to others; and
You may not remove any text, copyright or other proprietary notices contained in the
Product catalogues or any other materials available on the Website.
The rights granted to You in the Product catalogues or any other materials as
specified above are not applicable to the design, layout or look and feel of the
Website. Such elements of the Website are protected by intellectual property rights
and may not be copied or imitated in whole or in part. The Product catalogues or any
other materials available on the Website shall not be copied or retransmitted unless
expressly permitted by Company.
Any software that is available on the Website is the property of Company or its third
parties. You may not use, download or install any software available at the Website,
unless otherwise expressly permitted by these Terms or by the express written
permission of Company.
Any purchase of the merchandise from the Website will be strictly for personal use of
the User. The User hereby expressly agrees that any merchandize purchased by the
User will not be sold, resold, bartered or in any way used for any commercial
purposes or for profit. The User hereby acknowledges that the merchandize
purchased is not transferrable to any third party for profit.
J) USAGE CONDUCT
You shall solely be responsible for maintaining the necessary computer equipment’s
and Internet connections that may be required to access, use and transact on the
Website.
You are also under an obligation to use this Website for reasonable and lawful
purposes only, and shall not indulge in any activity that is not envisaged through the
Website.
You shall use this Website, and any voucher/ coupons purchased through it, for
personal, non-commercial use only and shall not re-sell the same to any other
person.
Once you subscribe with website, you shall use the prescription exclusively to
purchase medicines via website and shall not use the same prescription to fulfill the
medicine requirement from other retailers until the medicines are not supplied for any
reason via Company’s partner third parties.
K) INTELLECTUAL PROPERTY RIGHTS
The Website and the processes, and their selection and arrangement, including but
not limited to all text, graphics, user interfaces, visual interfaces, sounds and music
(if any), artwork and computer code (collectively, the "Content") on the Website is
owned and controlled by Company and the design, structure, selection, coordination,
expression, look and feel and arrangement of such Content is protected by
copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the
property of Company or their third parties or respective third parties. You are not
permitted to use the Marks without the prior consent of Company, the relevant third
parties that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary
material owned by a third party and so expressly mentioned, Company owns all
intellectual property rights to and into the trademark www. .in,
and the Website, including, without limitation, any and all rights, title and interest in
and to copyright, related rights, patents, utility models, designs, know-how, trade
secrets and inventions (patent pending), goodwill, source code, meta tags,
databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not
copy, republish, post, display, translate, transmit, reproduce or distribute any Content
through any medium without obtaining the necessary authorization from Company or
third party owner of such Content.
L) CANCELLATION, RETURNS AND REFUND POLICY
i) Cancellation Policy:
Medicine Orders
An order can be cancelled from the ‘Order details’ screen on the Website
before it is marked as out for delivery. Else, You can refuse it at the time of
delivery and a refund will be processed into the payment source, in the event
the order amount was paid online.
ii) Return Policy:
Medicine Orders
Website's return policy gives you an option to return the medicines purchased
within 30 days of delivery. However, in case of refrigerated medicines, you
can return the medicines within 3 days from the date of delivery of the
medicines. You are requested to keep the copy of the invoice/bill from the
licensed Retail Pharmacies handy for verification.
Eligibility of Medicines for Returns: Medicine(s) which are opened, partially used
or disfigured are not eligible for returns. Please check the package carefully at the
time of delivery.
Return Process: You can raise a request to return your medicine(s) within 30 days
of delivery with these simple steps:
Describe
iii) Refund Policy:
Once the refund has been initiated for eligible returns as mentioned above, the
amount is expected to reflect in your account as per the following timelines:
1.
*The MRP mentioned at the time of return is without discount and total amount to be
refunded listed is an estimate. Total amount paid by You for the medicine(s) will be
refunded once pick up is completed and verified by the third-party licensed Retail
Pharmacies.
M) THIRD PARTY CONTENT
The Website makes available general third party information such as, Product
catalogues, lists of vendors, technology and features, advertisements including
videos, images and photographs of the products and other data from external
sources ("Third Party Content"). Similar Third Party Content would also be available
to You on the email received by You from company. The provision of Third Party
Content is for general informational purposes only. You acknowledge that the Third
Party Content provided to you is obtained from sources believed to be reliable.
Company does not provide any guarantee with respect to any the Third Party
Content and company shall not be held liable for any loss suffered by you based on
Your reliance on or use of such data.
O) DISCLAIMER OF WARRANTIES & LIABILITIES
You expressly understand and agree that, to the maximum extent permitted by
applicable law:
i. the website, services and other materials are provided by Company on an "as
is" basis without warranty of any kind, express, implied, statutory or otherwise,
including the implied warranties of title, non-infringement, merchantability or
fitness for a particular purpose. without limiting the foregoing, Company
makes no warranty that (i) the Website or the services will meet your
requirements or your use of the Website or the services will be uninterrupted,
timely, secure or error-free; (ii) the results that may be obtained from the use
of the Website, services or materials will be effective, accurate or reliable; (iii)
the quality of the Website, services or other materials will meet your
expectations; or that (iv) any errors or defects in the Website, services or
other materials will be corrected. No advice or information, whether oral or
written, obtained by you from Company or through or from use of the services
shall create any warranty not expressly stated in the terms.
ii. To the maximum extent permitted by applicable law, Company will have no
liability related to user content arising under intellectual property rights, libel,
privacy, publicity, obscenity or other laws. Company also disclaims all liability
with respect to the misuse, loss, modification or unavailability of any user
content.
iii. Company will not be liable for any loss that you may incur as a consequence
of unauthorized use of Your Account or Account information in connection
with the Website or any services or materials, either with or without your
knowledge. Company has endeavored to ensure that all the information on
the Website is correct, but Company neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any data,
information, product or service. Company shall not be responsible for the
delay or inability to use the website or related functionalities, the provision of
or failure to provide functionalities, or for any information, software, products,
functionalities and related graphics obtained through the Website, or
otherwise arising out of the use of the Website, whether based on contract,
tort, negligence, strict liability or otherwise. further, Company shall not be held
responsible for non-availability of the website during periodic maintenance
operations or any unplanned suspension of access to the website that may
occur due to technical reasons or for any reason beyond Company's control.
The user understands and agrees that any material or data downloaded or
otherwise obtained through the Website is done entirely at their own
discretion and risk and they will be solely responsible for any damage to their
computer systems or loss of data that results from the download of such
material or data. Company is not responsible for any typographical error
leading to an invalid coupon. Company accepts no liability for any errors or
omissions, with respect to any information provided to you whether on behalf
of itself or third parties.
iv. Company shall not be liable for any third party product or services. the
advertisement available on e-mail or website with respect to the third party
website or the Products are for information purpose only.
v. You expressly agree that Your use of the Website is at Your risk.
P) INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless Company including but not
limited to its affiliates, vendors, agents and employees from and against any and all
losses, liabilities, claims, damages, demands, costs and expenses (including legal
fees and disbursements in connection therewith and interest chargeable thereon)
asserted against or incurred by Company that arise out of, result from, or may be
payable by virtue of, any breach or non-performance of any representation, warranty,
covenant or agreement made or obligation to be performed by You pursuant to these
Terms. Further, You agree to hold Company harmless against any claims made by
any third party due to, or arising out of, or in connection with, Your use of the
Website, any claim that Your material caused damage to a third party, Your violation
of the Terms, or Your violation of any rights of another, including any intellectual
property rights.
Notwithstanding anything to contrary, Company's entire liability to You under this
Terms or otherwise shall be the refund of the money charged from You for any
specific voucher or Product, under which the unlikely liability arises.
In no event shall Company, its officers, directors, employees, partners or suppliers
be liable to You, the vendor or any third party for any special, incidental, indirect,
consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability,
including breach of contract or warranty, negligence or other tortious action, or any
other claim arising out of or in connection with your use of or access to the Website,
services or materials.
Company is not responsible for any non-performance or breach of any contract
entered into between Buyers and Sellers. Company cannot and does not guarantee
that the concerned Buyers and/or Sellers will perform any transactions are entered
into on the Website. Company shall not and is not required to mediate or resolve any
dispute or disagreement between Buyers and Sellers.
Company does not at any point of time during any transaction between Buyer and
Seller on the Website come into or take possession of any of the products offered by
Seller nor does it at any point gain title to or have any rights or claims over the
products or services offered by Seller to Buyer.
At no time shall Company hold any right, title or interest over the products nor shall
Company have any obligations or liabilities in respect of such contract entered into
between Buyers and Sellers. Company is not responsible for damages or delays as
a result of products which are out of stock, unavailable or back ordered.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
Q) VIOLATION OF THE TERMS
You agree that Company may, in its sole discretion and without prior notice,
terminate your access to the Website and block your future access to the Website if
Company determines that you have violated these Terms or Additional Terms. You
also agree that any violation by you of these Terms will constitute an unlawful and
unfair business practice, and will cause irreparable harm to Company, for which
monetary damages would be inadequate, and you consent to Company obtaining
any injunctive or equitable relief that Company deems necessary or appropriate in
such circumstances. These remedies are in addition to any other remedies Company
may have at law or in equity.
You agree that Company may, in its sole discretion, and without prior notice,
terminate Your access to the Website, for cause, which includes (but is not limited
to): (1) requests by law enforcement or other government agencies; (2) a request by
You (self-initiated account deletions); (3) discontinuance or material modification of
the Website or any service offered on or through the Website; or (4) unexpected
technical issues or problems.
If Company does take any legal action against you as a result of your violation of
these Terms, Company will be entitled to recover from you, and you agree to pay, all
reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.
R) TERMINATION
The Terms will continue to apply until terminated by either you or Company as set
forth below. If you want to terminate Your agreement with Company, You may do so
by (i) not accessing the Website; or (ii) closing Your accounts for all of the services
that You use, where Company has made this option available to You.
Company may, at any time, with or without notice, terminate the Terms (or portion
thereof, such as any individual Additional Terms) with you if:
You breach any of the provisions of the Terms, the Privacy Policy or any other terms,
conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply
with the same);
Company is required to do so by law (for example, where the provision of the
services hereunder, to You is, or becomes, unlawful);
Company has elected to discontinue, with or without reason, access to the Website,
the services (or any part thereof); or
Company may also terminate or suspend all or a portion of Your account or access
to the services with or without reason. Except as may be set forth in any Additional
Terms applicable to a particular service, termination of Your Account may include: (i)
removal of access to all offerings within the Website or with respect to the services;
(ii) deletion of Your materials and Account Information, including Your personal
information, log-in ID and password, and all related information, files and materials
associated with or inside Your Account (or any part thereof); and (iii) barring of
further use of the Services.
You agree that all terminations shall be made in Company's sole discretion and that
Company shall not be liable to You or any third party for any termination of Your
Account (and accompanying deletion of Your Account Information), or Your access
to the Website and the services offered thereunder.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until
Company chooses to terminate them.
If You or Company terminates Your use of the Website, Company may delete any
content or other materials relating to Your use of the Website and Company will have
no liability to You or any third party for doing so.
S) GOVERNING LAW
These Terms and all transactions entered into on or through the Website and the
relationship between You and Company shall be governed in accordance with the
laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection
with or in relation hereto the Website, the Terms or any transactions entered into on
or through the Website or the relationship between You and Company shall be
subject to the exclusive jurisdiction of the courts at , India and You hereby
accede to and accept the jurisdiction of such courts.
T) REPORT ABUSE
In the event you come across any abuse or violation of these Terms or if You
become aware of any objectionable content on the Website, please report to
Company’s customer support team.
U) PRIVACY POLICY
Company views protection of your privacy as a very important principle. We store
and process your Account Information including any sensitive personal / financial
information collected (as defined under the Information Technology Act, 2000), if
any, on computers that may be protected by physical as well as reasonable
technological security measures and procedures in accordance with Information
Technology Act 2000 and Rules there under. Company’s current Privacy Policy is
available at www. .in. If you object to your Information
being transferred or used in this way please do not use Website.
Company will share / sell / transfer / license / covey some or all of your personal
information with another business entity should we (or our assets) plan to merge with
or are acquired by that business entity, or re-organization, amalgamation,
restructuring of business or for any other reason whatsoever. Should such a
transaction or situation occur, the other business entity or the new combined entity
will be required to follow the privacy policy with respect to your personal information.
Once You provide Your information to us, You provide such information to Company
and affiliates of Company and Company and its affiliate may use such information to
provide you various services with respect to your transaction whether such
transaction are conducted on www. .in or with third party
merchant's or third party merchant's website.
The User hereby consents, expresses and agrees that he has read and fully
understands the Privacy Policy of Company in respect of the Website. You further
consent that the terms and contents of such Privacy Policy are acceptable to You.
V) COMMUNICATIONS
You hereby expressly agree to receive communications by way of SMS, e-mails from
Company, phone calls relating to the Products offered through the Website.
A User can unsubscribe / opt-out from receiving communications from Company
through SMS and e-mail anytime by:
Visiting www. .com unsubscribe from messages/ SMS; and
Newsletters sent daily at the registered email address:
by clicking on the unsubscribe option attached at the bottom of newsletter received
through e-mail
W) GENERAL PROVISIONS
Notice: All notices of Company will be served by email or by general notification on
the Website. Any notice provided to Company pursuant to the Terms should be sent
to
X) ASSIGNMENT
You cannot assign or otherwise transfer the Terms, or any rights granted hereunder
to any third party. Company's rights under the Terms are freely transferable by
Company to any third parties without the requirement of seeking your consent.
Y) SEVERABILITY
If, for any reason, a court of competent jurisdiction finds any provision of these
Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to give effect to the intent of the parties as
reflected by that provision, and the remainder of the Terms shall continue in full force
and effect.
Z) WAIVER
Any failure by Company to enforce or exercise any provision of the Terms, or any
related right, shall not constitute a waiver by Company of that provision or right
