This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder,
as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from
time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system
and does not require any physical or digital signatures.This document is published in accordance with the provisions of
Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that
website and its mobile applications.
Terms & Conditions:
www.greenhealthayurvedic.com an internet-based portal and “Green Health”, a mobile application, (hereinafter together be referred to as “Website") is run, operated and maintained by nTOP Infosec Private Limited (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013, having its registered address at Ground Floor, KH. No. – 36/15, Sahibabad Extension, Sahibabad, Daulatpur,
North West Delhi, Delhi - 110042, and website - www.greenhealthayurvedic.com.
For the purpose of these Terms, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who accesses, uses or subscribes to our Website, agrees to become a buyer on the Website or avails or offers to avail any of our services.
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 time to time 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).
Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. The User agrees to use the service to authorise an individual and get the products from the third party on his/her behalf. Where you use any third-party website or the products or services of any third party, you may be subject to alternative or additional terms and conditions of use and privacy policies.
PRODUCTS AND SERVICES:
The Website is a platform that facilitates, as an intermediary, the online requisition by the User for purchase
of medicines and wellness / health related products and services offered by Company's various registered third-party/ies
(third parties shall for the purpose of this Terms, include without limitation, third party retail pharmacies, third-party labs et al)
("Products and Services"). The sale & purchase / transaction between the registered third parties and You, of Products and Services,
facilitated by the requisition placed by You on the Website shall be governed by these Terms. Company is not and cannot be
a party to or save as except as may be
provided in these Terms, control in any manner, any transaction between You and the third parties.
Technology Platform for Pharmaceutical Products:
The Website facilitates the purchase of drugs and other pharmaceutical products, nutraceutical products
and services (which shall also include Over the Counter (OTC) and wellness products) offered by third-party
retail pharmacies (“Retail Pharmacies”). The Company and the Website merely provide hosting and technology
intermediary services to You and persons browsing/ visiting the Website. All items offered for sale on the
Website, and content (including product descriptions, images and the like) made available by the Retail
Pharmacies, are third party content and describe third-party products and services. The Company has no
control over such third-party user generated content, Products or 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 authenticity, accuracy or genuineness of the Products and Services made available
by the Retail Pharmacies through the Website shall be the sole responsibility of the Retail Pharmacies.
The Company shall have no liability with respect to the authenticity of the Products and Services being
facilitated through the Website. The Company does not take any representation or warranty as to legal
title of the Products and Services offered for sale by the 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 performance, 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 Retail Pharmacies on the Website;
The Company gives no guarantee that the concerned Retail Pharmacies will perform any transaction concluded on the Website.
The Company is not responsible for the Products 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 Retail 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 Retail 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 Products and Services. Also,
You acknowledge and understand that the Company provides no warranty or representation with respect
to the authenticity or accuracy of the information provided on the Website and You must do Your own
check. The ranking of goods and services as provided on the Platform are determined after collection of
rating and feedback from the User, and the Company shall not be in any manner held responsible for accuracy
of the same. If Retail Pharmacies or Users find any wrong information on the Website in relation to such
Retail Pharmacy, Products or Services, they may contact the Company immediately for such corrections. The
Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third parties.
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 on the Website. [The Retail Pharmacies,
with respect to any drugs or pharmaceutical products, may dispense only those quantities as are specified in
the prescription.] Retail Pharmacies will verify the prescription forwarded by You and in case of any
discrepancy observed by the Retail Pharmacies, the order may be cancelled by the Retail Pharmacies.
You are also required to make the original prescription available at the time of receipt of delivery of the order.
You shall also allow the delivery agent to stamp the original prescription at the time of medicine delivery,
failing which medicines will not be delivered. The Company shall at its sole discretion and as per applicable
law maintain a record of all the prescriptions uploaded by the Users. [The delivery of your order is not in
the Company’s control and the Company shall not be responsible for any delay.]
Suggestion Of Alternate Of Prescribed Drugs:
You acknowledge and accept that as per the extent applicable laws within the territory
of India the order for an alternate prescription drug would only be processed if: (i) a registered medical practitioner
has permitted /approved/provided consent for any such other equivalent generic drug containing similar or substantially
similar composition as the prescribed drug, to be dispensed in place of the prescription drug; (ii) or if the prescription
lists the active pharma ingredient/salt names instead of a specific brand name, in which case also, dispensation of
such drug shall be certified and approved by a registered medical practitioner, and (iii) You shall have provided
Your consent in respect of such substitution of the prescribed drug.In the event of an invalid prescription or unavailability
of the prescription drug, (i) You may avail online tele-consultancy with registered medical practitioners through our partner
platform Docstat, wherein the registered medical practitioner shall prescribe an alternate by replacing the original
prescription; or (ii) a third party registered pharmacist shall place a call on Your registered mobile number,
whereby an alternate drug is suggested, and after such alternate drug being confirmed and vetted by third party
registered medical practitioners associated with the Platform (through Docstat) by way of a validated prescription,
and thereafter dispensed accordingly. A prescription for such alternate drug may be made available to You at Your request.
Any and all alternate prescription drugs are dispensed only on receiving consent from You. All online and tele-consultation
Invitation to offer for sale:
The listing of drugs and other pharmaceutical products on the Website by the Retail 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 Retail Pharmacies (“Offer”). Post the Offer to the Retail Pharmacies, the Company shall send an email to You with the information on the Offer along with the details of the concerned Retail Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Retail Pharmacy(s) after the validation/ verification of the prescription by such Retail Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Retail Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You. It is hereby clarified that any reference of the term ‘offer/ offered for sale by the Retail Pharmacy(s), as appearing in these Terms, shall be construed solely as an ‘invitation to offer for sale’ by any such Retail Pharmacy(s).
Transfer of Property and Completion of Sale:
Upon acceptance of the Offer by the concerned Retail Pharmacies (being the brick-and-mortar pharmacy), the Products 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 Retail Pharmacy, wherever required under the applicable law(s). You agree and acknowledge that the property and title in the Products and Services ordered by You shall stand immediately transferred to You upon the dispensation of Products and Services and the raising of the invoice at the concerned Retail Pharmacies. Accordingly, the sale of Products and Services is concluded at the concerned Retail Pharmacy itself. The invoice in relation to the Products and Services, that are required to be delivered to You shall be issued by the concerned Retail Pharmacy (being the brick-and-mortar pharmacy) which is to process and satisfy the order for such Products and Services.
The Products and Services shall be delivered by the Retail Pharmacies or independent contractors. You accept and acknowledge that the courier/ delivery personnel, engaged by the Retail Pharmacies or the Company, shall be Your Agent for the delivery of the Products and Services from the concerned Retail Pharmacies to the address notified by You, with no control over the Products and Services and no additional obligation apart from standard delivery obligations and duty of care. You further agree and acknowledge that such courier/ delivery personnel acts as Your agent for collecting the medicines from the Retail Pharmacy. The services are being undertaken by Your Agent with Your consent and therefore the Company is merely facilitating this, and will have no liability or responsibility in this regard
The Company as a marketplace facilitates Users to avail diagnostic test/ package facilities offered by third-party operated labs (“Labs”) through (i) the third party’s tab or (ii) the ‘AyurAyurveda Labs’ tab on its Website. Labs are responsible for providing services (including allied services such as sample collection, conducting tests, generating reports, etc) to the Users in regards to the diagnostic test/ package facilities availed by them through the Website. Further, the Company shall in no event be responsible for services (including allied services such as the sample collection, conducting tests, generating reports etc) provided. The Company only provides facilitation services to the Users of the Website. User and the Labs agree to use of the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
Notwithstanding anything to the contrary contained herein, Labs alone shall be liable for Labs’ dealings and interaction with the Users who avail the services of the Labs or diagnostic centres contacted or managed through the Website and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Labs or any diagnostic centre or any third party through the Website. The Company may, at its sole discretion, suspend Labs’ or Users’ ability to use or access the Website at any time while the Company investigates complaints or alleged violations of these Terms, or for any other reason. The Company has the right to edit profiles of Labs to make them more suitable for package searches on the Website. If Labs and/ or Users find any wrong information on the Website in relation to such Labs and/or User, they may contact the Company immediately for such corrections. The Company shall have no liability or responsibility in this regard.
Online Doctor Consultancy:
The Company facilitates provision of healthcare products and services to the Users. The words “Your Physician” or “Your Doctor” or “Healthcare Provider” or similar words on the Website, shall be interpreted and mean the User’s personal doctor with whom the User has a doctor-patient relationship. The third party registered medical practitioners are not related to the Company but merely provide medical consultation to You with Your consent. The Company undertakes due diligence, in the manner prescribed under applicable law, to ensure that the third party registered medical practitioners listed on the Website have been duly registered under applicable law. You acknowledge that the content, text, data, graphics, images, information, suggestions, guidance, blogs, information and other materials that is provided to You on the Website should be used for information purposes only and do not constitute medical advice and should not be relied upon as a substitute for sound professional medical advice, evaluation or care from a Doctor except for any advice, information or direction obtained by You directly from Your Doctor by availing the teleconsultation services on the Website. The Website is designed to support the health decisions and choices that You make. Any information about the doctors, including but not limited to their name, photographs, qualifications, experience and specialties, that may be provided on the Website, is for information purposes only and such information shall not be deemed to amount to an advertisement of the doctor, and/ or the services provided by such doctor. You agree and acknowledge that the third party registered medical practitioners are independent contractors, whose services are being availed by You upon your implied/ explicit consent and hence, the Company, in no event, shall be directly or vicariously liable for any advice, medical consultancy or any other loss arising pursuant to Your engagement with the third party registered medical practitioners.Your reliance on such third party registered medical practitioner is solely Your responsibility and the Company assumes no responsibility and/or liability in relation to Your consultation with such third party registered medical practitioners and the quality of services offered by such third party registered medical practitioners, which shall at all times be at Your sole risk and the sole responsibility. In case of any non-compliance or malpractice by the third party registered medical practitioners, You affirm that You will bring to our immediate attention, any such incidence, for us to take necessary actions required under applicable laws and raise it with the third-parties associated with us.
You agree and acknowledge that any e-prescription issued pursuant to any online consultancy shall be issued by Your Doctor and would be issued in compliance with applicable laws of India. Where such prescription is not a valid prescription, the same would not be used for dispensation of medicines by any pharmacist including the Retail Pharmacies. We will only act as an intermediary in the event You request Us to enable the processing of the e-prescription or any form thereof (whether original or scanned copy of the original prescription) and We assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at Your sole risk and the sole responsibility of the Retail Pharmacies supplying the medicines to You. The Company does not recommend any specific registered medical practitioner(s), tests, products, opinions or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. You should follow the advice of Your doctor at all times. The Services are not for use in medical emergencies or for critical health situations and may not be best solution where a face-to-face consultation is required. In case of any medical emergency, You should call Your nearest doctor/hospital or any related helpline and seek immediate medical assistance without any delay and should under no circumstances, delay seeking advice from Your nearest doctor/hospital on account of something that You may have heard/viewed on the Website.
Further, it is Your responsibility for ensuring that the information submitted is accurate and the Company shall not make any effort to validate any information provided by You for using the Services. The opinions, statements, consultation via digital mode provided by the third party registered medical practitioners through the Website shall not reflect the opinions of the Company, its affiliates etc. The Company makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data, or any service interruption caused by the Company employees. The Company is not responsible for transmission errors and corruption of data.
Patient Support Program (PSP or Program):
The Company provides services through the Platform and facilitates the Users to avail personalized health condition or disease management support (“Program”) through the third-party experts associated with us including registered medical practitioners, nutritionists or any other specialists or professionals (“Professionals”). The Program is designed with the objective of providing holistic health condition or disease management support to the Users through the Professionals which shall help the Users in enhancing their well-being. The Program may include with certain limitations diagnostics tests, counselling sessions, teleconsultations with third-party RMPs, and other health coaches such as nutritionists, psychologists, fitness coaches amongst others. All educational content that is being created with the clinical oversight of the Professionals and experts empanelled with us (collectively referred to as “Medical Experts”). The opinions, statements, answers, and tele-consultations (collectively referred to as “Consultation”) provided by the Professionals through the Platform are solely the individual and independent opinions and statements of such Professionals or Medical Experts and do not reflect the opinions of the Company or its affiliates.
The company may connect You with Professionals who may be suitable to deliver the health care that You are seeking based on information that You provide to us. However, the Company in no event recommends or endorses any specific tests, physicians, products, procedures, opinions, or other information that may be provided by the Professional and the Company bears no responsibility or liability for the correctness and genuineness of any such advice provided by the Professional, and the Professional shall solely be responsible and liable for the same.
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 be 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 entering into a contract 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 the Website, only if You have provided Company certain required User information, including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account ("Account") through Company ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the "Account Information"). The transaction and delivery of the Products by the registered merchants/vendors may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service. The Website requires You to register as a User by creating an Account in order to avail 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, non-compliance with the Telemedicine Practice Guidelines dated March 25, 2020, or any other applicable laws, rules, regulations and guidelines as may be notified from time to time 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 Paragraph 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 authorised holder of the credit card, any payment instrument, 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 for using the Website. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Company for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies.
5.PRICING INFORMATION AND PAYMENT
Company strives to provide You with the best prices possible on the Products You require from the Website. The pricing details for purchase of Products from the Website are detailed under these Terms.
1. All commercial terms such as price, delivery, dispatch of Products and/or services are as per principal-to-principal bipartite contractual obligations between User and the third parties.
2. Your relationship with Company is on a principal-to-principal basis and by accepting these Terms You agree that Company is an intermediary for all purposes and does not have control of or liability for the products or services that are listed/ offered on Company's Website. Company does not guarantee the identity of any third parties, nor does it ensure that a User or a third party will complete a transaction.
3. You, as a User, understand that upon initiating a requisition on the Website, 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 delivery basis or such other mode as may be specified by Company.
4. You, as a User, shall hand over a copy of the prescription, at the time of delivery, for the delivery of Products which as per law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such Products shall be made only if the third party or its agent/employee is satisfied that the prescription is in compliance with applicable laws and norms.
5. You, as a User, shall electronically notify Company using the appropriate Company’s Website features immediately upon Delivery or non-Delivery within the time period as provided in these Terms. Non-notification by You of delivery or non-delivery within the time period specified in these Terms shall be deemed as delivery in respect of that particular order.
6. You, as a User, shall be entitled to claim a refund in accordance with the Refund and Return Policy of the Company.
7. Refund shall be made in Indian Rupees only and shall be equivalent wholly or a part of the Transaction Price received in Indian Rupees.
8. Refund shall be subject to User complying with these Terms.
9. 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.
10. 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.
11. 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.
12. 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.
13. You acknowledge that Company is a mere facilitator/intermediary and does not fall within the purview of the National Medical Commission Act, 2019, and the rules and regulations framed thereunder.
14. The User also agrees to pay a nominal fee as mentioned hereunder.
In order to process the payments for Your orders, the Company might require details of Your bank account, credit card number, etc. The online fee payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User/ Retail Pharmacies/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company. There are no applicable payment charges levied on any transactions. Click here to see the list of our available payment methods and payment partners.
Subscription Fee- Any subscription fees for the Services charged by the Company, could be paid online through the facility made available on the Website. Such online fee payments are also processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User/ Retail Pharmacies/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company.
Taxes- Each User / third party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further please note that all fees are exclusive of applicable taxes.
The Company reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication. The Company shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the User.
Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.
Click here Page Content-
• GPay- https://support.google.com/pay/india/gethelp
• Paytm- https://paytm.com/care/ticket
• Amazon Pay- https://www.amazonpay.in/contact
• PhonePe- https://www.phonepe.com/contact-us/
• Mobikwik- https://blog.mobikwik.com/contactus/
• Airtel Money- https://www.airtel.in/personal/money/contact-us
• OlaMoney- https://www.olamoney.com/support/index.html
• Diners Club- https://www.dinersclubus.com/home/customer-service
• Visa, Mastro, Rupay and Maestro cards;
• Cash on delivery for offline payments.
• *The above list of payment methods and payment partners is subject to modifications and may change from time to time at the sole discretion of the Company.
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 Paragraph 7 below. You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Company. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Website, the Information, or Services for any purpose. You shall not use any automated device 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 the 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:
• Host, display, upload, modify, publish, transmit, store, update or share any information or user submissions which:
1. belongs to another person and to which the user does not have any right;
2. is pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or is objectionable;
3. is harmful to child;
4. infringes patent, trademark, copyright or other proprietary or intellectual property rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
7. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
8. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or threatens public health or safety;
9. Defame, abuse, harass, threaten or otherwise violate the legal rights of others; and
10. 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 Paragraph.
• 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 owner of the Products and Company shall in no manner be deemed to be the owner of the Products on this Website. Company is only facilitating purchase of the Products by You from the third parties by providing the services to You. You agree that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
You agree that the Website shall not be used for illegal purposes. The information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Website, the information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/ Account. Any attempt by any individual or entity to solicit login information of any other user or third party registered medical practitioner or to access any such account is an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
You agree and acknowledge that the exchanges between the third party registered medical practitioners and 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.
Notice and Takedown
If You believe that any Content on the Website is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or is otherwise injurious to third parties; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign States; or which consists of or contains software viruses or violates any of the Terms, please notify Us immediately at care@AyurAyurveda.in. As soon as you inform Us, We will make all reasonable endeavours to remove such objectionable content complained about within a reasonable time.
Risks associated with Company’s Services
You acknowledge and agree, by requesting a medical opinion through the Website, that-
1. the advice/information/opinion on diagnosis You may receive could be limited and provisional;
2. the medical opinion is not intended to replace a face-to-face visit with a physician, and it does not replace an actual doctor-patient relationship;
3. in case of a second opinion, where there is a difference of opinion among Our third party registered medical practitioners and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
4. the third party registered medical practitioner is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
5. in some events, the third party registered medical practitioners may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
6. in rare cases, the third party registered medical practitioners may feel that the query may not be answerable without physically examining the patient/ Users and the consultation may be refused forthwith;
7. in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
8. delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms.
7. 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 limited rights granted to You in the Product catalogues, or any other materials as specified above do not confer upon You any rights 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 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 be used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased are not transferrable to any third party for profit.
8. USAGE CONDUCT
You shall solely be responsible for maintaining the necessary computer equipment 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 You shall not indulge in any activity that is not envisaged through the Website. You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and You shall not re-sell the same to any other person. Once you subscribe with the Website, You shall use the prescription exclusively to purchase medicines via the Website and shall not use the same prescription to fulfil the medicine requirement from other retailers unless the medicines are not supplied for any reason via the Website’s partner third parties.
9. INTELLECTUAL PROPERTY RIGHTS
The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Company or their third party partners or respective third parties. You are not permitted to use the Marks without the prior consent of Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “AyurAyurveda”, domain name “www.AyurAyurveda.in”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.
10. RETURN, REFUND, CANCELLATION AND SHIPPING CHARGES:
We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the cancellation, shipping charges, returns and refund policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Term