TERMS & CONDITIONS

Terms & Conditions

TERMS OF USE OF AXXELLA MEDICO SERVICES PRIVATE LIMITED.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS INTERNET BASED PORTAL, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. THESE TERMS OF USE 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 AS AMENDED FROM TIME TO TIME. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED PORTAL.

1. About Portal
a) The website www.dawakhana.co, and the mobile application DawaKhana are an internet based portal, which are owned and operated by Axxella Medico Services Private Limited, a company incorporated under the provisions of the Companies Act, 2013, having its registered office at, 38/3A, Girish Mukherjee Road, Bhowanipur, Kolkata- 700025 (hereinafter referred to as “DawaKhana” or “We” or “Our” or “Us” or “Entity”). The said website and the said mobile application are collectively referred to as the “Online Portal”.

b) As a condition to your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to DawaKhana that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

c) By accessing, browsing or in any way transacting on the Online Portal, or availing any Services (as defined below) hosted or managed remotely through the Online Portal, You signify Your agreement to be bound and governed by the following terms and conditions (hereinafter referred to as the “Terms of Use”), including the applicable policies which are incorporated herein by way of reference. The Products/Services (as defined below) would be made available to You and such natural persons who have agreed to use the Online Portal after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (inclusive of new user(s), existing user(s), end user(s), individual(s), company(ies), or any other such person(s) referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Online Portal merely as visitors).

d) By expressly accepting these Terms of Use, You also accept and agree to be bound by Our policies, including the privacy policy (“Privacy Policy”) and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India, browsing or transacting on the Online Portal, 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. You expressly agree that Your use of this Online Portal is at Your own risk. However, if You redirect away from this Online Portal to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website or mobile application. In such event, the terms and conditions of use and privacy policy applicable to that website or mobile application will govern Your use of that website or mobile application.

e) The Online Portal is a Portal that facilitates (i) User to purchase pharmaceutical products on Online Portal sold by pharmacies which are registered with the Entity (“Pharmacy(ies)”); (ii) posting rating/reviews of Pharmacies or the Entity, (iii) receiving e-newsletters from the Entity and (iv) online advertisements of various sponsors advertising and marketing their own goods and services (“Advertisers”) on the Online Portal.

f) The Pharmacies and the Advertisers are collectively referred to as the “Service Providers”. The Products/Services are offered to You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Service Providers. To facilitate the relation between You and the Service Providers through the Online Portal, the Entity shall send to You promotional content (including but not limited to e-mailers, notifications and messages).

g) The Online Portal acts as a facilitator and is not directly involved in the transaction between You and Service Providers and further, the Entity is not associated with any manufacturer of medicines or other products that are sold on the Online Portal. As a result, the Entity has no control over the quality, safety, morality or legality of any aspect of the Products/services listed on the Online Portal. The truth or accuracy of the listed products, and the ability of the Pharmacy to sell products or the ability of the Users to pay for the Services. Further the Online Portal also serves as an information Portal providing health and wellness related information to the Users accessing the Online Portal (the services of Services Provider, rating/reviews of Pharmacies, receiving e-newsletters from the Entity and the information services is collectively referred to as the “Services”).

h) The Entity reserves the right to change or modify these Terms of Use or any policy or guideline of the Online Portal including the Privacy Policy and Return/Exchange Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Online Portal and that You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Online Portal will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Online Portal. The Entity may provide a translation of the English version of the Terms of Use into other languages. You understand and agree that any translation of the Terms of Use into other languages is only for Your convenience and that the English version shall govern the terms of Your relationship with the Entity. Furthermore, if there are any inconsistencies between the English version of the Terms of Use and its translated version, the English version of the Terms of Use shall prevail over others.

i) The Entity reserves the right to update the Online Portal, or software, or the software application store that makes the software available for download which may include functionality to automatically check for updates or upgrades to the software. Unless Your device, its settings, or computer software does not permit transmission or use of upgrades or updates, You agree that We, or the applicable software or software application store, may provide notice to You of the availability of such upgrades or updates and automatically push such upgrade or update to Your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Online Portal or Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to You by Us under the Terms of Use shall be considered part of the Online Portal.

j) We shall take all care and efforts to ensure that the Online Portal is available for 24 (Twenty Four) hours every day, and 365 (Three hundred and Sixty Five) days per year. However, the Online Portal may become temporarily unavailable due to maintenance, server or other technical issues, or for other reasons which may be beyond Our control. The Entity does not warrant uninterrupted access to any linked website. However, We may, but shall not be obliged to, issue a notice when We know of scheduled maintenance of Our Online Portal. You agree and acknowledge that the Online Portal is a Portal that You and Service Providers utilize to meet and interact with one another for their transactions. The Entity 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 Service Providers.

k) Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Online Portal.

l) These Terms of Use are published in compliance of, and is governed by the provisions of Indian laws, including but not limited to:

i. the Indian Contract Act, 1872 (“Contract Act”);

ii. the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);

iii. the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);

iv. the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);

v. the Pharmacy Act, 1948 (“Pharmacy Act”);

vi. the Consumer Protection Act, 1986; and

vii. Any other such laws, rules or act as applicable.

m) These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. Eligibility of User
a) For the purposes of availing the Products/Services and/or transacting with the Service Providers through the Online Portal, You are required to obtain registration, in accordance with the procedure established by the Entity in this regard. As part of the registration process, the Entity may collect the following personal information from You
i. Name;
ii. User ID;
iii. Email address;
iv. Address (including postal code);
v. Gender;
vi. Age;
vii. Phone number;
viii. Password chosen by the User;
ix. Valid financial account information in case of online payment; and
x. Other details as You may volunteer.

b) A registered id can only be utilized by the person whose details have been provided and the Entity does not permit multiple persons to share a single log in/ registration id. Organizations, companies, and businesses may not become registered members on the Online Portal or use the Online Portal through individual members.

c) You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Online Portal; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify the Entity if You discover or otherwise suspect any security breaches relating to the Online Portal; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.

d) The registration on or use/ access of the Online Portal is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Online Portal. If You are the parent/legal guardian/authorised person for the patient disclosed herein, You affirm that You are over the age of majority, and have full authority to sign for and provide the above representations to the Pharmacy on the patient's behalf. By registering, accessing or using the Online Portal, You accept the terms of these Terms of Use and represent and warrant to the Entity that You are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Online Portal and agree to and abide by these Terms of Use.

e) You shall not attempt to gain unauthorized access to any portion or feature of the Online Portal, or any other systems or networks connected to the Online Portal or to any server, computer, network, or to any of the services offered on or through the Online Portal, by hacking, password "mining" or any other illegitimate means.

f) The Online Portal uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Entity for the technical administration of the Online Portal, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, the Entity may allow authorized third parties to place or recognize a unique cookie on the Your browser. The Entity does not store personally identifiable information in the cookies.

3. Use of Services and the Online Portal
a) E Commerce Portal for Pharmaceutical Products
Portal to facilitate transaction of business:
i. Through the Online Portal, the Entity facilitates the User to purchase drugs and all other products sold by the Pharmacies and services offered for the purpose of sale of such products sold by the Pharmacies (“Products”). The Entity provides the User with the option to choose the Pharmacy (from the list of the Pharmacies appearing to be in and around the selected area by the User) to provide Products/Services to the User. The order can be placed by the User by feeding in the name of the Products or uploading the prescription of the Products or reusing of last prescription uploaded, if the products to be ordered are a Prescription Drug(s), further the User may order non-Prescription Drugs by feeding in the name of the non-Prescription Drug. The Entity reserves the right to suspend or delete the Products or Services which are provided on the Online Portal. You understand and agree that the Entity and the Online Portal merely provide hosting services to You and persons browsing / visiting the Online Portal. All items offered for sale on the Online Portal, and the content made available by the Pharmacies, are third party user generated contents and third party products. The Entity has no control over such third party user generated contents and/ Products and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Products/Services made available by the Pharmacies through the Online Portal shall be the sole responsibility of the Pharmacies. You understand and agree that the Entity shall have no liability with respect to the authenticity of the Products being offered for sale through the Online Portal by the Pharmacies.
ii. You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ and consumption of the Products are offered by and agreed to between You and the Pharmacies and the contract for purchase of any of the Products, offered for sale on the Online Portal by the Pharmacies shall strictly be a bipartite contract between the Pharmacies and the User.
iii. The commercial / contractual terms include without limitation - price, shipping costs, date, period and mode of delivery, warranties related to the Products offered for sale by the Pharmacies, and after sales services related to such Products. The Entity does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Pharmacies.

Representation as to legal title
i. The Entity does not make any representation or warranty as to legal title of the Products offered for sale by the Pharmacies on the Online Portal. At no time shall any right, title, claim or interest in the Products sold through or displayed on the Online Portal vest with the Entity nor shall the Entity have any obligations or liabilities in respect of any transactions done through the Online Portal. You agree and acknowledge that the ownership of the inventory of such Products shall always vest with the Pharmacies, who are advertising or offering them for sale on the Online Portal and are the ultimate sellers.
ii. You agree and acknowledge that the Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Pharmacies do not have the sole and exclusive legal ownership over the Products that have been offered for sale on the Online Portal by such Pharmacies, or did not have the absolute right, title and authority to deal in and offer for sale such Products on the Online Portal.

Non Performance of Contract, You accept and Acknowledge the followings,


i. The Entity is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Pharmacies for purchase and sale of goods or services offered by such Pharmacies on the Online Portal.
ii. The Entity cannot and does not guarantee that the concerned Pharmacies will perform any transaction concluded on the Online Portal
iii. The Pharmacies are solely responsible for ensuring that the Products offered for sale on the Online Portal are kept in stock for successful fulfilment of orders received. Consequently, the Entity is not responsible if the Pharmacy(ies) does not satisfy the contract for sale of Products which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Online Portal at the time of placement of order by You.
iv. The Entity shall not and is not required to mediate or resolve any dispute or disagreement between You and Pharmacies. In particular, the Entity does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Online Portal.

Exhibition of drugs and publication of Pharmacies content on the Online Portal


i. You agree and acknowledge that the respective Pharmacies are exhibiting the Service Provider’s Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Online Portal.

ii. The Service Provider’s Content available on the Online Portal, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Pharmacies on the Online Portal or any professional medical advice, diagnosis, treatment or recommendations of any kind.

iii. You acknowledge and agree that such Pharmacies shall be solely responsible for ensuring that such Service Provider’s Content made available regarding the Products offered for sale on the Online Portal, are not misleading and describe the actual condition of the Products. In this connection, it is solely the responsibility of the concerned Pharmacies to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Products so as to mislead the Users in any manner. You acknowledge and understand that the Entity provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Online Portal and You must run Your own independent check. You agree and acknowledge that the Entity has not played any role in the ascertainment of the actual impact/ effect of any Products being offered for sale by the Pharmacies on the Online Portal. Further, it is hereby clarified that the Pharmacies are offering the Products for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug Rules and the Pharmacy Act. You agree and acknowledge that You shall not hold the Entity responsible or liable for any damages arising out of such reliance on the information/services provided by third party user on the Online Portal.

Prescription Drugs


i. The Online Portal is a Portal that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Online Portal by the Pharmacies. In order to purchase Prescription Drugs from the Pharmacies through the Online Portal, You are required to upload a valid prescription on the Online Portal or reuse a prescription which is already uploaded on the Online Portal to re-order Prescription Drugs as per applicable law. The Entity will forward the prescription upload by the User and Products key in by the Users on the Online Portal to the Pharmacy(ies). The Pharmacy(ies) will verify the prescription forwarded by You and in case the Pharmacy(ies) observes any discrepancy in the prescription uploaded by You, the Pharmacy(ies) will cancel the order immediately.

ii. The drug/medicine information provided on the Online Portal is for informative purposes only and this Online Portal is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to You as a result of Your reliance on the information on the Online Portal.

iii. The Entity shall maintain a record of all the prescriptions uploaded by the concerned Users which may also be used by such User to re-order medicine though the Online Portal, as per applicable law.

iv. User is required to confirm that he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders through the Online Portal. It is imperative to seek professional advice from Your physician before purchasing or consuming any medicine from Online Portal.

Substitution of Prescribed Drugs

i. 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.
ii. You further acknowledge and accept that, in the absence of the above, the concerned Pharmacy would not dispense/exchange a substitute drug in place of the Prescription Drug.

Invitation to offer for sale


i. Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Online Portal by the 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 Pharmacies (“Offer”).

ii. The Pharmacy(ies) after the validation/ verification of the prescription uploaded by the User (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), confirm such validation/verification on the Online Portal. Pursuant to such validation/verification by the Pharmacy(ies), the Entity shall send an email to You with the information on the Offer along with the details of Products, price, discounts, the concerned Pharmacy(ies) selected by the User which may undertake the sale, etc., 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 User by providing approval on the said email or through any other mode as prescribed by the Entity. Where such validation/verification pf the prescription of the order placed by the User cannot be done by the opted Pharmacy by the User, the order will either get cancelled or referred to another Pharmacy for the necessary validation/verification.

iii. For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Pharmacy’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Pharmacy.

Transfer of Property and Completion of Sale



i. Upon acceptance of the Offer by the User, the Products would be dispensed by the concerned Pharmacy(ies), 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 Pharmacy, wherever required under the applicable law(s).

ii. You agree and acknowledge that the property and title in the Products ordered by You shall stand immediately transferred to You upon the dispensation of Products and the raising of the invoice at the concerned Pharmacy. Accordingly, the sale of Products is concluded at the concerned Pharmacy itself.

Delivery of Products



i. The Products shall be delivered by our delivery person appointed by Entity for that purpose. (You accept and acknowledge that the Entity or such other transporter/ courier/ delivery personnel, engaged by the Pharmacy, shall be independent contractors in-charge of the delivery of the Products from the concerned Pharmacy to the address notified by You, with no control over the Products and no additional obligation apart from standard delivery obligations and duty of care.

ii. Delivery times may vary depending on the delivery location, time of placement of order by You, or any other unforeseeable circumstances. Like unavailability of medicines.

iii. In case the User is not reachable or does not accept delivery of products in these attempts to deliver Products. The Entity reserves the right to cancel the order(s) at their discretion.

iv. You further accept and acknowledge that the Entity is engage in the distribution of the Products itself, and may appoint delivery person for the purposes of delivery of Products from the concerned Pharmacy to the address notified by You.

b) Social Plugins

Our Online Portal uses social plugins provided by the social network [Google+, FaceBook, Instagram etc].In case You access Our Online Portal using such a plugin, Your browser will directly connect with the [Name of the social network] servers and load the visual presentation of the plugin and link it to the page. During this exercise, the providers of the social plugin will receive information concerning Your borrower’s visit of the website of Our internet presence, even if You do not share an account with the correspondent social network or if You are not logged in at the moment. This information (as well as Your IP address) will be directly sent to the correspondent provider in [Name of the Social network] and saved there. If You are logged into one of the social networks at the time, the providers can associate Your visit to the page to Your [social network] account. If You interact with the plugins, for example by clicking [Link of the social network, the information You give is then sent directly to the providers and saved there. Furthermore the information is posted on the social network and is therefore accessible for Your contacts.

c) User Review / Feedback

The User reviews or ratings for the Pharmacies do not reflect the opinion of the Entity. The Entity receives multiple reviews or ratings for the Pharmacies by Users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on the Online Portal is the personal opinion of the User only. The Entity is an Online portal, which solely provides a means of facilitation between Users and the the Pharmacies. The advertisements published on the Online Portal are independent of the reviews received by such Advertisers. In case if a User writes a review or feedback that the Pharmacies does not consider to be true, the best option for the Pharmacies representative would be to contact the Entity in order to clear up any misunderstandings. If the Pharmacies believes that any particular User’s review violates any of the Entity’s policies, the Pharmacies may notify the Entity by bring such violation to Our attention. The Entity may remove the review in its sole discretion if review is in violation of the Terms of Use, or content guidelines and policies or otherwise harmful to the Services.

If the Users share or send any ideas, suggestions, changes or documents regarding the Entity’s existing business, You agree that (i) Your feedback does not contain the confidential, secretive or proprietary information of Service Providers, (ii) The Entity is under no obligation of confidentiality with respect to such feedback, and shall be free to use the feedback on an unrestricted basis (iii) the Entity may have already received similar feedback from some other User or it may be under consideration or in development, and (iv) By providing the feedback, You grant Us a binding, non-exclusive, royalty-free, perpetual, global license to use and You irrevocably waive, against the Entity and its associates, employees, representatives any claims/assertions, whatsoever of any nature, with regard to such feedback. Please provide only specific feedback on the Entity’s existing products or marketing strategies; do not include any ideas that the Entity’s policy will not permit it to accept or consider.

4. Advertisement Guideline

The Services provided by Us, may facilitate and allow the Advertisers or the Pharmacies to place advertisements on the Online Portal. Accordingly, there are guidelines (as listed herein below) which the Advertisers or Pharmacies or any other such person advertising on the Online Portal have to follow for placing such advertisements (“Advertising Policy”).
For the Users: The Entity provides a clear distinction between the editorial content and content that is created or provided by one of Our Advertisers. The advertisements will be labelled as "advertisement". This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our policy but shall be subject to the Advertising Policy, these Terms of Use and the Privacy Policy.
For the Advertisers: The Advertisers must be honest about the products or services that their advertisements promote; the advertisement shall not create unrealistic expectation and must not be false, misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Online Portal. The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited :
i. content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
ii. content depicting nudity, sexual behaviour, or obscene gestures;
iii. content depicting drug use;
iv. content depicting excessive violence, including the harming of animals;
v. shocking, sensational, or disrespectful content;
vi. deceptive, false or misleading content, including deceptive claims, offers, or business practices;
vii. content that directs Users to phishing links, malware, or similarly harmful codes or sites; and
viii. content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information.
General Rules: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use and the Privacy Policy. The Entity may, at any time and without having to serve any prior notice to the Advertisers, (i) upgrade, update, change, modify, or improve the Online Portal or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. The Entity may also alter or remove any content from the Online Portal without notice and without liability. The Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.

Prohibited Advertisements under the Drugs and Magic Act: Subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for:
i. the procurement of miscarriage in women or prevention of conception in women; or
ii. the maintenance or improvement of the capacity of human beings for sexual pleasure; or
iii. the correction of menstrual disorder in women; or
iv. the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or
v. provided that no such rule shall be made except, – in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or
vi. prohibition of misleading advertisements relating to drugs;
vii. subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
directly or indirectly gives a false impression regarding the true character of the drug; or
makes a false claim for the drug; or
is otherwise false or misleading in any material particular.
It is hereby clarified that that the Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.
Restricted Advertisement : Advertisements in the following categories are restricted and require approval on a case-by-case basis:
i. advertisements that promote or reference alcohol;
ii. advertisements for online dating services;
iii. advertisements for gambling and games of skill;
iv. advertisements for lotteries;
v. advertisements for financial services;
vi. advertisements for contraceptives;
vii. advertisements for online pharmacies or pharmaceuticals;
viii. political advertisements; and
ix. any other such advertisement as prohibited under applicable laws.
Testimonials & Endorsements:
i. any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid;
ii. The Entity recognizes and maintains a distinct separation between advertising and advertised content and editorial content. All advertising or advertisement content on the Online Portal of the Company will be clearly and unambiguously identified; and
iii. a click on an advertisement may only link the User to the website of the Advertiser(s).
Prohibited Advertisements: Advertisements for the following products and services are prohibited:
i. adult products and services (other than contraceptives; see below);
ii. cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
iii. products or services that bypass copyright protection, such as software or cable signal descramblers;
iv. products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
v. get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
vi. illegal or recreational drugs or drug paraphernalia;
vii. counterfeit, fake or bootleg products, or replicas or imitations of designer products;
viii. firearms, weapons, ammunition, or accessories;
ix. advertisements that promote particular securities or that provide or allege to provide insider tips;
x. any illegal conduct, product, or enterprise;
xi. unapproved pharmaceuticals and supplements;
xii. prescription drugs;
xiii. products that have been subject to any government or regulatory action or warning;
xiv. products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
xv. material that directly advertises products to or is intended to attract children under the age of 13.

5. Editorial Policy for the online Portal : As part of the Services, the Entity provides Content on the Online Portal targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind.

6. Terms of Sale
We may accept or decline any order placed by You in Our absolute discretion without liability to You.
The Procedure for acceptance of an order is act out below:
i. The User after registration with the Online Portal will provided with an option to choose the Pharmacy (from the list of Pharmacies appearing to be in and around the delivery point to provide Products/Services to the User. The order can be placed by the User, either by feeding in the name of the products or uploading the prescription of the Products or reusing of last prescription uploaded on the Online Portal if the products ordered are a Prescription Drug(s). The Entity will forward the relevant information of the order placed by the User to the concerned Pharmacy which will key in the order. The Pharmacy will notify the Entity on the availably of the Products ordered by the User and will provide the relevant details regarding the order (price, description of the drugs, expiry date, etc.). The Entity will provide the User with the relevant information of products which is provided by the concerned Pharmacy.
ii. The delivery of order shall be made in any case within 2 (two) hours of the confirmation of the order by the User. The Pharmacy selected by the User for delivery of Products can be replaced by a different Pharmacy in case the selected Pharmacy is not able to deliver the Products if the order has been placed anytime after [8] p.m. and the delivery of order shall be made on the immediately succeeding day, in any case within 2 (two) hours of the commencement of the business hours (8am – 8pm).
iii. The User shall be intimated in a case where the selected Pharmacy cannot fulfil any of the order placed by the User, in such a case the order will be allotted to a different Pharmacy which has the availability of the Products so order by the User. Further, the User shall be intimated in a case where the selected Pharmacy have partial Products that are ordered by the User, in such a case the order will be fulfilled by selected Pharmacy and another Pharmacy(ies) jointly which has the availability of the remaining Products.
iv. After acceptance has been provided by the User to the Entity, the Entity will intimate the Pharamcy(ies) of such acceptance made by the User. The delivery shall be made to the User by the delivery boy of the entity of the Products order by the User. The delivery boy of the entity shall verify the prescription uploaded with the one furnished by the User by checking the the genuineness/ validity of the prescription or the prescription furnished by the User (in case of key-in of order as per this Terms of Use). The delivery boy of Entity shall after the verification of the prescription will provide the User with the Products along with the invoice generated by the Pharmacy(ies). In case of any discrepancy in the order the User shall return or exchange the Products as per the Return/ Exchange Policy.
We also reserve the right to discontinue any program or offer on the Online Portal without providing notifications to You.
We also reserve the right, without prior notice, to limit the order quantity of any Products available on the Online Portal.
We acknowledge and You agree that You have fully and accurately disclosed Your personal information and personal health information and consent to use the Online Portal by the Pharmacy and/or its affiliates. You confirm that You have had a physical examination by a physician and do not require a physical examination.
You understand that all Products shall be sold and dispensed by a Pharmacy.
If You are the patient/parent/authorised person on behalf of the patient, You authorise and appoint the Pharmacy, as Your attorney and agent, to take all steps, sign all documents and to act on Your behalf as if You were personally present and acting for Yourself for the limited purposes of obtaining a valid prescription for any prescription which You have sent the Pharmacy. By making this purchase You hereby authorise the Pharmacies/contractor appointed by entity for the purpose and/or its affiliates to ship the order by delivery man to your designated location. This authorisation shall include, but not be limited to: collecting and using Your personal and personal health information as reasonably necessary for the fulfilment of Your order.

7. Other Items
Your Profile, Collection, Use, Storage and Transfer of Personal Information:
i. Your profile with the Entity is created to store record of Your personal health information online, including history of prescriptions uploaded, health conditions, allergies and medications.
ii. Any information obtained from use of the Online Portal by You becomes part of Your record with the Entity. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. The Entity reserves the right to maintain, delete or destroy all communications and materials posted or uploaded on the Online Portal according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for the Entity record or for the Online Portal. Please make sure You provide a valid email-id and You update it as and when needed.
iii. All Your transactions are secure when You place an order online on the Online Portal. Your personal information is encrypted by using encryption technology before being sent over the internet, which ensures the privacy and high level of security of all Your information.
iv. For additional information regarding use of information about You, please refer to the Privacy Policy.
v. The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.
The Privacy Policy sets out:
the type of information collected from Users, including sensitive personal data or information;
the purpose, means and modes of usage of such information; and
how and to whom the Entity will disclose such information.
The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
the fact that the information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
vi. They Entity shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to the Entity or any other person acting on behalf of the Entity.
vii. The use of the Online Portal involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by the Entity from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
viii. The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify the Entity of any actual or suspected unauthorized use of the Users’ account or password.
ix. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Entity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Entity shall have the right to suspend or terminate such account at its sole discretion.
x. The Entity may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 Rules only permit the Entity to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the Entity as provided for under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, only if such transfer is necessary for the performance of the lawful contract between the Entity or any person on its behalf and the User or where the User has consented to data transfer.
xi. If any User learns or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Online Portal of the same. Additionally, registered Users may be held liable for losses incurred by the Online Portal for any loss or damage caused as a result of failure in maintaining security by the relevant User.
xii. By accepting these Terms of Use and by registering on the Online Portal, You consent to be contacted by Us and by the Service Providers and You further consent to receive emails and messages (SMS) notifications and information at any time from Us and from Service Providers.
Payment, Fees , & Taxes
i. Registration on the Online Portal and the access to the information provided on the Online Portal is free. The Entity does not charge any fee for accessing, browsing and buying through the Online Portal. You agree to make payments either directly to the respective Pharmacies or the entity for purchase of Products upon delivery or to the Entity in case of online transaction. The entity may use the services of the person delivering pharmaceutical products to the User who is duly appointed in this regard. You agree and acknowledge that You shall not hold the Entity responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Pharmacies or person delivering pharmaceutical products or for any actions/ omissions which are beyond the control of the Entity.
ii. Each User / Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting as required under applicable laws. The Entity is in no way responsible for any of the taxes except for its own income tax or any such tax as applicable as per Indian law.
iii. The Users acknowledge that third parties support and services are required to process online fee payment. The Entity is not responsible for any loss or damage caused to User/ Service Providers during this process as these third parties are beyond the control of the Entity.
iv. All fees are exclusive of applicable taxes.
v. The Entity reserves the right to modify the fee structure by providing on the Online Portal which shall be considered as valid and agreed communication.
vi. In order to process the payments, the Entity might require details of User’s/ Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how the Entity uses the confidential information provided by Users.
Submissions
i. The Entity reserves sole discretion to accept, edit or reject any and all materials You may send to Us (collectively, “Submissions”) as part of the features in the Online Portal, including but not limited to, ratings & reviews. Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of Pharmacy.
ii. The Entity shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing Your Submissions, You hereby grant unrestricted use of the Submissions for any purpose, without compensation to You, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; and to publish Your name in connection with Your Submission.
iii. You also represent and warrant that Your Submissions will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
iv. The User shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components onto the Online Portal.
v. The Entity does not endorse and is not responsible for any Submissions on its Online Portal. We will not be liable for any loss or harm caused by the Submissions or Your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users, which may be inaccurate, offensive, obscene, threatening or harassing.

Links to third party websites
i. We provide link to third party websites, Our online payment service partners, which process Your net banking and credit/debit card payments, respectively. We are not responsible for the availability or proper functioning of such linked pages or sites, and We will not be held responsible for any loss or inconvenience encountered as a result of using such website’s link.
ii. We are not liable whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or
Any payment issues arising out of the transaction, or
Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User; and
Decline of transaction for any other reason(s)
The Online Portal is merely a facilitator for providing the User with payment channels through automated online electronic payments, for the payment of Product purchased by the User on the Online Portal using the existing authorized banking infrastructure, credit card payment gateway networks, mobile wallet and any other methods as may be permitted as per applicable law.
Covenants: (Covenanters for the purposes of these Terms of Use shall include the Users and the Service Providers)
i. Each User undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information or Content that –
belongs to another person and to which the such User does not have any right;
involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, threatening, tortious, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the Entity or Pharmacies being reviewed, or other advertising materials;
is illegal, or violates any federal, state or local law or regulations in any manner;
accuses others of illegal activity, or describes physical confrontations;
contains video, photographs, or images of another person (with a minor or an adult);
interferes with another User's use and enjoyment of the Online Portal or any other User’s enjoyment of similar services;
tries to gain unauthorized access or exceeds the scope of authorized access to the Online Portal or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Online Portal or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
Constitutes an unauthentic or knowingly erroneous review, or does not address the Products and/or Services, atmosphere, or other attributes of the Entity You are reviewing;
infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
violates any law for the time being in force;
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Entity; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against You at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Content in whole or in part except as expressly authorized by the Entity.
impersonates another person;
asserts or implies that Users Content is in any way advertised or endorsed by Us;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
harm minors in any way;
is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
ii. You are also prohibited from:
violating or attempting to violate the integrity or security of the Online Portal or any Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Online Portal that is disruptive or competitive to the provision of Services by the Entity;
intentionally submitting on the Online Portal any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Online Portal;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Online Portal;
copying or duplicating in any manner any of the Content or other information available from the Online Portal; and
framing, hotlinking, deeplinking, page-scraping, using robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process on any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Online Portal.
The Entity, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause 5, shall be entitled to disable such information that is in contravention of this Clause 5 or any provisions of these Terms of Use. The Entity shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
You shall not probe, scan or test the vulnerability of the Online Portal or any network connected to the Online Portal nor breach the security or authentication measures on the Online Portal or any network connected to the Online Portal. You may not reverse look-up, trace or seek to trace any information on any other User of the Online Portal, including any account on the Online Portal not owned by You, to its source, or exploit the Online Portal or any service or information made available or offered by or through the Online Portal, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Online Portal.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Portal or any transaction being conducted on the Online Portal, or with any other person's use of the Online Portal.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Online Portal or any service offered on or through the Online Portal. You shall not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Entity or Service Providers or otherwise tarnish or dilute any medical trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Online Portal or Entity systems or networks.
Any Content uploaded by You, shall be subject to relevant laws of India or and may be subject to investigation under applicable laws. In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by Users, the Entity has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.

Return/Exchange Policy, Replacement, Refund, Cancellation And Shipping Charges: We offer return and refund on the Products /Services ordered by You on the Online Portal which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return/Exchange Policy”). The Return/Exchange Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.

Warranty and Liability
i. The Entity shall not be responsible or liable in any manner to the Users or any Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by the Entity, where Other Parties have consented to the making of such disclosures by the Entity. If the Other Parties had revoked such consent under the terms of the Privacy Policy, then the Entity shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by the Entity prior to its actual receipt of such revocation.
ii. Accepts no responsibility for any loss or damage suffered due to Your reliance on the product reviews posted by the Users.
iii. We disclaim responsibility for any harm to persons resulting from any instructions or Services referred to in the Online Portal. The Entity is not associated with any manufacturer of medicines or other products on the Online Portal. We do not warrant that the Online Portal or its content will meet Your requirements or that Products will be delivered on a time basis.
iv. Please note that while the Entity has made every effort to accurately display the colours of products on its Online Portal, the actual colour You see will depend on Your monitor or mobile screens. We cannot guarantee that Your monitor's or mobile’s display of any colour will be the same as the colour of the Services delivered to You.
v. We may let You view our information and communicate with Us through the Social Media services such as Facebook, Instagram, Twitter. The Entity disclaims any responsibility for the terms of use and privacy policies that govern these third-party websites, which are in no way associated with us.
vi. The Entity cannot guarantee the adequacy, currency or completeness of the Content and has exerted reasonable efforts to ensure that all information published on the Online Portal is accurate at the time of posting; however, there may be errors in such information for which We shall have no liability. We reserve the right to remove or alter any of the information contained on the Online Portal at our sole discretion at any time without prior notice. The Content available on the Online Portal is for informational purposes only.
vii. The Other Parties shall not hold the Entity responsible or liable in any way for any disclosures by the Entity under Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.
viii. The Services provided by the Entity or any of its licensors or providers or Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Entity does not provide or make any representations, warranties or guarantees, express or implied about the Online Portal or the Services. the Entity does not verify any content or information provided by the Other Parties on the Online Portal and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Online Portal, the Services, the Content, Contents, representations and warranties made by the Other Parties on the Online Portal or any loss arising out of the manner in which the Services have been rendered.
ix. The Online Portal may be linked to the website of third parties, affiliates and business partners. The Entity has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Online Portal. Inclusion of any link on the Online Portal does not imply that the Entity endorses the linked website. Other Parties may use the links and these services at their own risk.
x. The Entity shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; the Entity shall not be responsible for any error in any of the services being provided by the Service Providers.
xi. The Entity reserves the right to modify or withdraw any part of the Online Portal or any of its content at any time without providing notice to You.
xii. Users accept and acknowledge that the Entity does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Online Portal by Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Service Providers have legal title over the goods/products being offered for sale by them on the Online Portal. In no event shall the Protected Entities be liable for failure on the part of the Users or Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments, any comments or feedback given by any of the Users in relation to the services provided by a Service Providers. In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Service Providers or other person on or through the Online Portal.
xiii. The Other Parties further accept and acknowledge that the Entity does not verify any content or information provided by either the Users or the Services Providers/ or obtained from the Users or the Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Online Portal, the Services, the Content, representations and warranties made by the Other Parties on the Online Portal or any opinion or suggestion given or expressed by Users or any Service Providers in relation to any Services provided by Service Providers.
xiv. The Entity assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Online Portal or the downloading of any material, data, text, images, video content, or audio content from the Online Portal. If any of the User(s) is dissatisfied with the Online Portal, the sole remedy of such User(s) is to discontinue using the Online Portal.
xv. The listing of Service Providers on the Online Portal is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Service Providers on the Online Portal.
xvi. To the maximum extent permitted by applicable law(s), the Entity, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Online Portal or the content, materials and functions related thereto; (ii) User's provision of information via the Online Portal; even if such Protected Entity has been advised of the possibility of such damages.
xvii. The Entity disclaims any liability in relation to the validity and legality of the e-prescription for dispensation of medicines. All liabilities arising from the wrong dispensation of the Products will be of the concerned Pharmacies.
xviii. The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a Portal for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Online Portal.
xix. The Entity accepts no liability for any errors or omissions on behalf of the Other Parties.

Indemnity
The User hereby indemnifies, defends and holds harmless the Entity owning and operating the Online Portal, its Protected Entities from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Protected Entities that arise out of, result from, or in connection with:
i. The User’s breach of these Terms of Use; or
ii. Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Online Portal; or
iii. Any claim that any third party Intellectual Property Rights, proprietary information, content or materials provided by the User causes any damage to any third party; or
iv. Violation of any rights of any third party by the User, including any Intellectual Property Rights.
Each an “Indemnity Event” Upon occurrence of an Indemnity Event, the Online Portal may notify the User of any claims which the User shall be liable to indemnify the Entity against. The User shall then be obligated to consult with the Entity regarding the course of action to be undertaken in defending such a claim. The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Entity without the express prior written consent of the Entity which can be withheld or denied or conditioned by the Entity in its sole discretion. Notwithstanding anything to contrary, in no event shall the Protected Entities be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use of data or profits, business loss or profits, whether or not foreseeable or whether or not the Entity 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 the User’s use of or access to the Service Providers or the Product.

Intellectual property rights : All the intellectual property (including patents, trademarks, tradenames, moral rights etc.) used on the Online Portal except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Entity. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Online Portal or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Online Portal or the materials therein. The materials on the Online Portal or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

Modification of Online Portal : The Entity reserves the right to modify or discontinue, temporarily or permanently, the Online Portal or any features or portions thereof without prior notice. Other Parties agree that the Entity will not be liable for any modification, suspension or discontinuance of the Online Portal or any other part thereof.

Compliance of Applicable Law
i. While communicating/ transacting with each other through the Online Portal, the Other Parties shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc. (“Captioned Laws”) as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Products or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.
ii. The Users must also ensure that the prescription uploaded on the Online Portal for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Service Providers or to the Entity, as a result of any dispensation of Prescription Drugs by the Service Providers owing to the non-compliance by the User in this regard.

Termination : Parties for the purpose of these Terms of Use shall collectively mean the other parties and the Entity. The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
i. In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by:
not accessing the Online Portal however, the Terms of Use shall continue to apply to the orders already placed and information already shared/submitted by such User on the Online Portal and under other circumstances as specifically included to survive termination in terms hereof; or
closing their accounts for all of the Services that they use.
ii. The Entity reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Service Providers or the Other Parties as a whole, if there is:
breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time (or have acted in a manner that clearly shows that User(s) do not intend to, or are unable to, comply with the same); or
the Entity is unable to verify or authenticate any information provided to the Entity by User(s); or
iii. the Entity believes, in its sole discretion, that User(s) actions may cause legal liability for the Entity (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Online Portal; or
iv. the Entity is required to do so by law; or
v. if User(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for the Entity to provide the Services to the User(s); or
vi. The provision of the Services to the User(s), or to the general public, is in the Entity opinion, no longer commercially viable; or
vii. The Entity has elected to discontinue, with or without reason, access to the Online Portal or the Services (or any part thereof).
The Entity may also terminate or suspend (temporarily or permanently) all or a portion of User(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of User(s) account may include:
removal of access to all offerings within the Online Portal or with respect to the Services; and
barring User(s) from further use or access of the Online Portal or of any of the Services.
Once terminated or suspended (temporarily or permanently), User(s)may not continue to use the Online Portal under the same account, a different account or re-register under a new account.
Upon termination of these Terms of Use, the Entity shall have no obligation to maintain or provide any of User(s) data and may thereafter, unless legally prohibited, delete all of User(s) data in its systems or otherwise in its possession or under its control, including but not limited to User(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside User(s) account (or any part thereof).
The Entity reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User(s) content from the Online Portal with or without ability to access the Online Portal and the other Services, upon any breach by the User(s) of these Terms of Use or if the Entity is unable to verify or authenticate any information the User(s) submits to the Entity, or if the User(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for the Entity to provide the Services to the User(s).
The right to terminate/ suspend the account is in addition to, and without prejudice to, the Entity’s right to initiate action against the User(s), in accordance with applicable law.

Notice: All notices to be issued pursuant to these Terms of Use shall be served to the User by e-mail or by general notification on the Online Portal. Any notice to be sent to the Entity pursuant to these Terms shall be sent to the Entity’s grievance officer.

Assignment: These Terms of Use shall not be assigned or otherwise transferred by the User. However the Entity’s obligations under these Terms are freely assignable or otherwise transferable by the Entity to any third parties without the requirement of seeking the Users prior consent.

Force Majeure : Other Parties accept and acknowledge that the Entity shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of the Entity or the Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond the Entity’s or Service Provider’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, the Entity, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User(s) of the facts which constitute the Force Majeure Event.

Governing Law and Dispute Resolution : These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to User(s) access to, or use of, the Online Portal or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at New Delhi. All disputes will be subject to arbitration at New Delhi in English by a sole arbitrator appointed by the Entity under the Arbitration and Conciliation Act, 1996.

Survival : Even after termination, certain obligations of the Users mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

Severability : If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

Waiver : No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Entity. Any consent by the Entity to, or a waiver by the Entity of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Headings : The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.

Contact : Information If any User(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our Registered Office at 38/3A, Girish Mukherjee Road, Kolkata-700025. If any User(s) has any questions concerning the Entity, the Online Portal, these Terms of Use, or anything related to any of the foregoing, the Entity can be reached at the following email address - [info@dawakhana.co].

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