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, Health Arena (Health Arena Mobile Application) represented by FREEBIRD APP STUDIO LLP is incorporated to section 12(1) of the Limited Liability Partnership Act, 2008;Customer Agreement (this "Agreement") contains the terms and conditions that govern your access to and use of the Service Offerings (as defined below) and is an agreement between Health Arena App ("Health Arena.," "we," "us," or "our"), having its registered office at “”BHAVDARSHAN” 4, Shivam Park, Near Raiya Circle, Rajkot-360007. India, and you or the entity you represent ("you" or "your"). This Agreement takes effect when you click an "I Accept" button or check box presented with these terms or, if earlier, when you use any of the Service Offerings (the "Effective Date"). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Please see definitions of certain capitalized terms used in this Agreement
"Acceptable Use Policy" means the policy located at http://myhealthchart.in/privacy-policy.html (and any successor or related locations designated by us), as it may be updated by us from time to time.
"Account Information" means information about you that you provide to us in connection with the creation or administration of your Health Arena. account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your Health Arena. account.
"API” means an application program interface.
Mobile Application means and referred here by Health Arena. Application and the link provided to download from our site i.e.http://myhealthchart.in/
"Health Arena. Confidential Information" means all nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. Health Arena. Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. Health Arena. Confidential Information does not include any information that:
(i) is or becomes publicly available without breach of this Agreement;
(ii) can be shown by documentation to have been known to you at the time of your receipt from us;
(iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or
(iv) can be shown by documentation to have been independently developed by you without reference to the Health Arena. Confidential Information.
"Health Arena. Content" means Content we or any of our affiliates make available in connection with the Services or on the Site to allow access to and use of the Services, including APIs, WSDLs; Documentation; sample code; software libraries; command line tools; proofs of concept; templates; and other related technology (including any of the foregoing that are provided by our personnel).Mobile Application Content does not include the Services or Third-Party Content.
"Content" means software (including machine images), data, text, audio, video, or images.
"Documentation" means the user guides and admin guides (in each case exclusive of content referenced via hyperlink) for the Services located at myhealthchart.in (and any successor or related locations designated by us), as such user guides and admin guides may be updated from time to time.
"End User" means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Service Offerings under your account. The term "End User" does not include individuals or entities when they are accessing or using the Services or any Content under their own Mobile Application account, rather than under your account.
"Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).
"Service" means each of the services made available by us or our affiliates, including those web services described in the Service Terms. Services do not include Third-Party Content.
"Service Attributes" means Service usage data related to your account, such as resource identifiers, metadata tags, security and access roles, rules, usage policies, permissions, usage statistics and analytics.
"Service Level Agreement" means all service level agreements that we offer with respect to the Services and post on the Site, as they may be updated by us from time to time. The service level agreements we currently offer with respect to the Services are located at myhealthchart.in (and any successor or related locations designated by us), as may be updated by us from time to time.
"Service Offerings" means the Services (including associated APIs), the Mobile Application Content, the Marks, and any other product or service provided by us under this Agreement. Service Offerings do not include Third Party Content.
"Service Terms" means the rights and restrictions for particular Services located at myhealthchart.in or Mobile Application, (and any successor or related locations designated by us), as they may be updated by us from time to time.
"Site" means myhealthchart.in (and any successor or related locations designated by us), as may be updated by us from time to time.
"Suggestions" means all suggested improvements to the Service Offerings that you provide to us.
"Term" means the term of this Agreement described in Section A.1
"Termination Date" means the effective date of termination provided in accordance with Section A.2, in a notice from one party to the other.
"Third-Party Content" means Content made available to you by any third party on the Site or in conjunction with the Services.
"Trademark Use Guidelines" means the guidelines and trademark license located at myhealthchart.in (and any successor or related locations designated by us), as they may be updated by us from time to time.
"Your Content" means Content that you or any End User transfers to us for processing, storage or hosting by the Services in connection with your Health Arena. account and any computational results that you or any End User derive from the foregoing through their use of the Services. For example, Your Content includes Content that you or any End User stores in Digital Ocean Storage Service. Your Content does not include Account Information.
Special note that in case of an emergency (medical emergency) please do not use this service:-
Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated under this Section 2. Any notice of termination of this Agreement by either party to the other must include a Termination Date that complies with the notice periods in mentioned A.2.
(a) Termination for Convenience. You may terminate this Agreement for any reason by providing us notice and closing your account for all Services for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you at least 30 days’ advance notice.
(b) Termination for Cause.
(i) By Either Party. Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement and the material breach remains uncured for a period of 30 days from receipt of notice by the other party. No later than the Termination Date, you will close your account.
(ii) By Us. We may also terminate this Agreement immediately upon notice to you (A) for cause if we have the right to suspend under Temporary Suspension; (B) if our or our affiliates' relationship with a third-party partner who provides software or other technology we or our affiliates use to provide the Service Offerings expires, terminates or requires us or our affiliates to change the way we provide the software or other technology as part of the Services, or (C) in order to comply with the law or requests of governmental entities.
Effect of Termination.
(a) Generally. Upon the Termination Date:
(i) except as provided and referred as A.3(b), all your rights under this Agreement immediately terminate;
(ii) you remain responsible for all fees and charges you have incurred through the Termination Date and are responsible for any fees and charges you incur during the post-termination period described and referred A.3(b);
(iii) you will immediately return or, if instructed by us, destroy all Mobile Application Content in your possession; and
Mobile Application and website or its application, an internet based portal and “Mobile Application” (hereinafter together be referred to as “Website") is operated by FREEBIRD APP STUDIO LLP (hereinafter to be referred as “Firm” “Company” or “We” or “Our” or “Us”), is incorporated under Limited Liability Partnership Act 2008.
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).
The User agrees to use the service to authorize the Company to provide an individual who shall act in the capacity as the agent of the User and get the products requested by the User from the third party on the Users behalf. The scope of offering the services of the Company to facilitate pick up/collection services for any service requested or products requested to be purchased by the User shall only be in certain geographies located in India specially in Gujarat Rajkot location and shall never be for any locations outside India.
2. Products and Services
Technology Platform for Pharmaceutical Products – Company facilitates the purchase of drugs and other pharmaceutical products and services (which shall also include OTC and wellness products) 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 conte\nts 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.
Content: You agree and acknowledge that the respective third-party pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, 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 and Services. 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.
Prescription Drugs - In order to purchase drugs and pharmaceutical products that require a valid prescription, You are required to upload a scanned copy of the valid prescription via email, or on the Website or Health Arena. Mobile App or any other digital platform of the Company. 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 not be processed and be cancelled by the third-party pharmacies immediately. You are also required to make the original prescription available at the time of receipt of the order as per the conditions laid down by the Third-Party pharmacies. You shall also allow the User’s Mediator to offer, on your behalf, the right to get stamped, the original prescription at the time of receipt of medicine. It is clarified that User’s Mediator shall mean the individual agent/mediator offering services as Mediator of the User, acting for and behalf of the User for the purpose of procuring the requisitioned medicines through the process of collecting the medicines ordered by the User with the User’s consent from the Licensed Retail Pharmacies.
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.
Transfer of Property and Completion of Sale - Upon acceptance of the Offer by the concerned licensed Retail Pharmacies (being the brick and mortar pharmacy) i.e. Brick and mortar refers to a physical presence of an organization or business in a building or other structure, the Pharmaceutical Drugs and Services 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 and Services 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 and Services, 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.
Selling of Drugs - Selling of Drugs - The Pharmaceutical Drugs shall be displayed, exhibited, offered for sale or sale / sold by the Licensed Retail Pharmacies to the Users and not by the Company in any manner whatsoever. User accepts and acknowledges that the User’s Mediator shall be responsible to collect the medicines ordered by User from the Licensed Retail Pharmacy and to carry it to the address notified by User, with no control over the Pharmaceutical Drugs displayed, exhibited, offered for sale or sale / sold by the Licensed Retail Pharmacies and that the there is no direct or indirect liability of the Company and/or User’s Mediator and there is no additional obligation on the Company and / or User’s Mediator apart from collect/ion of medicines for the User and that the Company and / or User’s Mediator assumes no vicarious liability of any form or nature whatsoever. User further agrees and acknowledges that the User’s Mediator acts as the agent of the User for collecting the medicines from the Licensed Retail Pharmacy. The aforementioned services are being undertaken by Users’ Mediator with Users’ consent and therefore the Company is merely facilitating for the User and Users’ Mediator to connect. The Users’ Mediator is independently offering pick-up and collection services and in no event shall the Company be responsible and liable for the act of the Users’ Mediator including acts of omissions or commissions while carrying out its obligation.
3. 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.
4. User Account, Password and Security
Company shall enable You to make the requisition of Products and Services available to You through email, the Website and the Digital Platforms of the Company, 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 Twitter, facebook, gmail, yahoo ID or any other valid email ID (collectively, the "Account Information") . The transaction and collection 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 Section 4. 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 authorized 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.
Given below are the types of information that we may collect: - Permission; You give Us; We use third party SDKs (a set of tools for third-party developers to use in producing applications using a particular framework or platform) in our app. Majority of them are different payment options by which You can make a payment for an order. In order to enhance your personal and overall involvement some of the tools are used therein. Third Party tools: We use third party SDKs in our app. Majority of them are different payment options by which You can make a payment for an order. In order to enhance Your personal and overall experience some of the tools are used therein. It further Information You Give Us: We receive and store any information you enter on our website or give us in any other way. Click here (Search, order Medicine, order OTC products, etc., Prescription for medicine order or diagnostic test, Address, Phone Number, Email id) to see examples of what we collect. You can choose not to provide certain information but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing your orders, improving our platform, communicating with you. Information from Other Sources: We might receive information about you from other sources and add it to our account information.
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.
5. Pricing Information and Payment :-
Company strives to provide You with information on the best prices possible for the requisition of the Products You require from various Third-Party Pharmacies, using the Website and digital platforms of the Company. It is clarified once again, the Products and their prices and details displayed, exhibited, offered for sale or sale / sold by the Licensed Retail Pharmacies to the Users and Company is merely the medium used by the User to avail such information and for the purpose of finding, requesting and availing the services of the Users’ Agent. The pricing details for purchase of Products from the Third-Party Pharmacies using the Website and digital platforms of the Company are detailed under these Terms. Further:
(a) The User and Third Party Pharmacy or any other third party shall enter into a principal to principal bipartite contractual contract / obligation between which shall include inter alia all commercial terms such as price, collection location, dispatch and receipt of Products and/or services as requested by the User and offered by the Third Party Pharmacy, which may include the requisition and presentation of various applicable documents including but not limited to a valid prescription issued by a registered medical practitioner (if applicable).
(c) You, as a User, understand that upon initiating a requisition on the Website or Digital Platform of the Company that You are entering into a legally binding and enforceable contract with the Third Party to purchase the Products and /or Services from the third party on a cash on acceptance basis or such other mode as may be specified or notified by third party on the Website or Digital Platform of the Company.
(d) You, as a User, shall hand over a copy of the prescription, at the time of acceptance or requisition or collection, of the Products, which as per applicable law in force at such time, may require a valid prescription issued by a registered medical practitioner. You acknowledge that such Products shall that require valid prescription issued by a registered medical practitioner shall be given and provided and handed over to the Users Agent only if the third party and/ or its agent/employee is satisfied that the prescription is in compliance with applicable norms.
(f) You, as a User, shall be entitled to claim a refund in accordance with the Refund and Return Policy of the Company.
(g) Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
(i) 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.
(j) 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.
(k) 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.
(l) 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.
(m) The User also agrees to pay a nominal fee for the same.
The offer/discount rate/cashback are geography specific and may vary in different geographical regions. Mobile Application reserves the right to discontinue/modify/change the offer/discount rates/cashback at any time without prior notice. Notwithstanding anything contained herein offer/discount rates/cashback reflected in the cart at the time of checkout shall be considered final & binding. Under no circumstance will the offer/discount/cashback being offered herein be settled with cash in lieu by Mobile Application T&C apply
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 hereunder.
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:
Defame, abuse, harass, threaten or otherwise violate the legal rights of others; Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; 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; 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; 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; 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); 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; 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; 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; Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section. 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; 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; Conduct or forward surveys, contests, pyramid schemes or chain letters; Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner; 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; Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; Violate any applicable laws or regulations for the time being in force within or outside India; Violate the Terms including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and 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 and acknowledge that the exchanges between the third party registered medical practitioners and the You over telephone and the e-prescription would be accessible to the Company for the purposes of monitoring the quality of the consultation. The consultation provided by the third-party registered medical practitioner shall be done vide a secured recorded line.
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 or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services 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 Services or merchandize purchased is not transferrable to any third party for profit.
You shall solely be responsible for maintaining the necessary computer equipment, apertures 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. Intellectual Property Rights
6. Cancellation, Returns and Refund Policy
Cancellation Policy :- Medicine Orders, Healthcare Products, OTC etc.,
An order can be cancelled from the ‘Order details’ screen on the Company’s Website or digital platform. You can also refuse to accept the order, at the time of handing over of the products that are brought to you by the Agent and the Agent shall at no cost return the products and / or services that have been ordered by you from the Third Party Pharmacy which were tie-uped with this agreement,and a refund will be processed into the payment source, in the event the order amount was paid online or in any manner prior to accepting these products and / or services.
An order can be cancelled by getting in touch with our Customer Care team before the shipment is handed over to your logistics/ Courier company agent. You can also refuse to accept the order, at the time of handing over of the products that are brought to you by the User’s Mediator and the User’s Mediator shall at no cost return the products and / or services that have been ordered by you from the Third Party Pharmacy or Third Party, and a refund will be processed into the payment source, in the event the order amount was paid online or in any manner prior to accepting these products and / or services.
Our NON Returnable Policy is hereby, it is you/user’s agreed.
Refund and return :- When the same ordered has been accepted and not out for deliver then and then case refund and return will be processed.
Mediation/Arbitration or Redressal of Complaints
We are enthusiastic to help you regarding any complaints you may have with the experience you had with our services, please write to us firstname.lastname@example.orgOn registering your complaint/feedback we will endeavour to accept and acknowledge your correspondence within a 48 hours’ time period. We take all the complaints very seriously and will take appropriate actions as and when required based on your feedback. We aim to address and resolve the reported issue within a maximum time frame of 30 days and we will keep you informed about the status of your complaint.
Please note that the maximum complaint resolution window period mentioned above is subject to the occurrence of any Force Majeure event or an “Act of God”, including but not limited to, any extra-ordinary circumstances which is unforeseeable and beyond the human control, such as war or war like conditions, strike, public commotion, lockdowns imposed by government authorities, earthquake, typhoons, torrential rain, storms, riots, plague, epidemic, pandemic or any other unforeseen events declared by the Government as an ‘Act of God’, may affect our normal working hours and manpower at office. The company will not be responsible and/or liable for any loss or damage caused to you, due to the delayed response and/or resolution of the reported complaints in view of the above-stated conditions.
Health Arena. Mobile Application i.e. Health Arena.
Life threatening including an emergency of medical (medical emergency) please visit nearest Medical store for user safety.