Terms & Conditions:
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 THE INDIAN MEDICAL COUNCIL ACT, 1956 and THE INFORMATION TECHNOLOGY ACT, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.anandiwfw.com website and its mobile applications.
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General
www.anandiwfw.com is an internet based portal and “ANANDIA woman for women ” a mobile application, (hereinafter together be referred to as “Website") is operated by Pufferfish Technologies Private Limited (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Indian Companies Act, 2013.This portal shall be ready to use and shall provide consultations to the customers all over the world unless restricted by any country whatsoever.
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).
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a Service receiver/ buyer on the Website by providing Account Information (defined below) while registering on the Website as a registered User using the computer systems.
Company shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms and Conditions ("Terms"). The revised Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be your responsibility to check the Terms periodically for changes. Company may require You to provide your consent to the updated Terms in a specified manner prior to any further use of the Website and the Services, provided on the Website. If no such separate consent is sought, your continued use of the Website, following changes to the Terms, will constitute your express acceptance of those changes.
The Website is a platform that facilitates the online requisition by the user for online consultation of medical/ health/ wellness related aspects , 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 licensed doctors, medical practitioners, pharmacists, third-party labs , hospitals etc) ("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 of Use, control in any manner, any transaction between You and the third-parties.
Company further reserves the right to change or modify these Terms of Use or any policy or guidelines of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications made will be effective immediately upon posting the revisions on the Website and You may waive any right you desire .You are considered to have received specific notice of such changes or modifications. Your continued use of the 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 Doctors, Medical Practitioners, Pharmacists 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 Doctors, Medical Practitioners, Pharmacists 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.
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Prescription Drugs - In order to take medical consultation, or other pharmaceutical guidance or advice that requires a valid prescription, You are required to upload/send a scanned copy of the valid prescription (if already have) via email, or on the Website 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 Agent 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 Agent shall mean the individual agent offering services as an agent 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.
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Substitution of Prescribed Drugs-You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug. -
Invitation to offer for sale - The listing of various types of consultations categories or drugs and other pharmaceutical products on the Website by the Third Party Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Doctors, Medical Practitioners, Pharmacists (“Offer”). Post the Offer from the Third Party Pharmacists, the Company shall send an email to You with the information on the Offer along with the details of the concerned Third Party Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third Party Pharmacist(s) after due validation/ verification by such Third Party Pharmacists (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.
It is hereby clarified that any reference of the term ‘offer/ offered for sale by the licensed Retail Doctors, Medical Practitioners, Pharmacists’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such licensed Retail Pharmacies. -
Delivering Consultation and Selling of Drugs - The Pharmaceutical Drugs shall be displayed, exhibited, offered for 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 Agent 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 Agent and there is no additional obligation on the Company and / or User’s Agent apart from collection of medicines for the User and that the Company and / or User’s Agent assumes no vicarious liability of any form or nature whatsoever. User further agrees and acknowledges that the User’s Agent acts as the agent of the User for collecting the medicines from the Licensed Retail Pharmacy. The aforementioned services are being undertaken by Users’ Agent with Users’ consent and therefore the Company is merely facilitating for the User and Users’ Agent to connect. The Users’ Agent 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’ Agent’s including acts of omissions or commissions while carrying out its obligation
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Diagnostics Services – The Company provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ package facilities offered by third-party labs (“Labs”) through the Website. Further, the Company shall in no event be responsible for the samples collected, tests conducted and reports generated by the third-party labs. The Company only provides facilitation services to the Users of 0the Website. User and the Labs agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
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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, upon its discretion, may suspend labs or Users ability to use or access the Website at any time when the Company observes breach of these Terms of Use or for any other reason. The Company shall have no liability or responsibility towards any wrong information on the Website with regard to the Labs.
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Please note that “ANANDI – A WOMAN FOR WOMEN" has tied-up with 3rd party Labs for conducting diagnostics services. The said Labs are NABL, CAP or ISO certified and therefore assure the accuracy and completeness of the collection of samples, examination and issuance of pathology report. The lab takes ownership of all the reports handed over to the patient.
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We do not take any responsibility for the consequences arising out of the aforementioned. The absence of any information and/or warning pertaining to the diagnostics services shall not be considered and assumed as an implied assurance of the Company. These terms and conditions for Free Home Sample Pick Up ("Offer Terms") are in addition to the Terms & Conditions, mentioned herein, to which you agree to by using PharmEasy. In the event of any conflict between the Conditions of Use & Sale and these Offer Terms, these Offer Terms will prevail, only for the purposes of this Offer. Free Home Sample Pick Up service is contingent on minimum cart-order value (“Threshold Amount”), which is the eligibility criteria for an order to qualify for Free Home Sample Pick Up service. Threshold Amount is dynamic in nature and can be increased/decreased by “ANANDI – A WOMAN FOR WOMEN" in its sole discretion without any prior notice. Customers whose cart-order value exceeds the Threshold Amount will be eligible for Free Home Sample Pick Up. For any diagnostics order having a cart-order value less than or equal to Threshold Amount will be charged a Sample Pick Up Fee which shall be dynamic in nature and shall be contingent upon factors, including but not limited to, delivery/pick-up address, Threshold Amount etc. Sample Pick Up Fee & Threshold Amount shall be calculated by an algorithm which shall be based on variables decided at the sole discretion of the Company. “ANANDI – A WOMAN FOR WOMEN"reserves the right to discontinue/modify/change the Threshold Amount at any time without prior notice. Notwithstanding anything contained herein Threshold Amount reflected in the cart at the time of checkout shall be considered final & binding. Please also note that Free Home Sample Pick Up service threshold is determined by the final cart value after any promotional code has been deducted. Final Sample Pick Up Fee shall be displayed at the checkout pages. The purchase of the product(s) and services will be governed by the Terms & Conditions, mentioned herein, on the ANANDI portal. The Offer is subject to laws of India. The courts at Mumbai shall have the exclusive jurisdiction in respect of any disputes or any matter arising out of this Offer.
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Online Doctor Consultancy - The Company is a facilitator of healthcare services that provides 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 Company but merely providing medical consultation to You with Your consent. You agree and acknowledge that the third party registered medical practitioners are independent contractors and hence, the Company, in no event, shall be directly or vicariously liable for any advice or medical consultancy or any loss arising from the third party registered medical practitioners. Moreover, the company shall be entitled to disconnect or disapprove any call between You and the third party “Physician” or “Your Doctor” or “Healthcare Provider” between or after any fixation of appointment if it deems fit.
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The e-prescription which may be issued by the registered medical practioner(s), in certain events, may not be a valid prescription under applicable law(s) of India and may not be used for dispensation of medicines by any pharmacist including the third-party licensed retail pharmacies. We will only act as an aggregator in the event You request us to process the e-prescription or any form thereof (whether original or scanned copy of the original prescription). We will have no responsibility or liability in such events. You agree and acknowledge that it shall be at your sole responsibility and risk.
The Company does not recommend any specific registered medical practioner(s), tests, products, opinions or other information that may be mentioned in the Website. Reliance on any information provided on the Website is solely at Your own risk. You shall call .Your nearest doctor/hospital or any related helpline in case of any medical emergency.
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. Hence, we discourage any delay in seeking advice from your doctor on account of something that you may have heard/viewed on the Website.
Further, the Company shall not it is Your responsibility for ensuring that the information submitted is accurate and the Company shall not make any effort to validate any information provided by You for using the Services with respect to content.
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, corruption of data.
Company is not responsible for the credentials of a third party doctors/medical practitioner.
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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.
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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 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 authorised holder of the credit card or the original account holder used in the transactions he/she makes using the Website. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/account details number for using the Website.
You can not book a follow up consultation from a new account or without taking a regular consultation. Follow up consultations are only valid only if user has booked a regular consultation within last 5 days.
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.
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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 Product or service 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 Doctors, Medical Practitioners etc 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).
(b) The Users relationship with Company is on a principal to principal biparte basis, and is in no way connected to or party to the principal to principal bipartite contractual contract / obligation between the User and the Third Party Doctors, Medical Practitioners, Pharmacists or any other third party. By accepting these Terms of Use You (the User) agree that Company is an independent legal entity for all purposes with no relation whatsoever, and does not have control of or assume any liability of any kind for the products or services that are listed, displayed, exhibited, offered on Company's Website or digital platforms by Third Party Pharmacies or any other third party. Company does not guarantee the legal standing, solvency and assumed no liability of any Third Party Doctors, Medical Practitioners, Pharmacists nor does it ensure to the User that third party will complete any nature of contract and/or transaction.
(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.
(e) You, as a User, shall immediately, electronically notify the Third Party Doctors, Medical Practitioners, Pharmacists or third party, along with a notification to the Company (only for its record) using the appropriate features of the Company’s Website or digital platform upon acceptance or non-acceptance of any and every term that is offered by the Third Party Pharmacy and/or any third party within the time period as provided in these Terms of Use. Non-notification by You of acceptance or non-acceptance of any and every term that is offered by the Third Party Pharmacy and/or any third party within the time period specified in the these Terms of Use shall be construed as a deemed acceptance in respect of that / those particular order.
(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.
(h) Refund shall be subject to User complying with these Terms of Use.
(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. “ANANDI- A woman for women” 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 “ANANDI- A woman for women”. T&C apply
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User Obligations
Subject to compliance with these Terms, Company grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and the services provided herein.
You agree to use the services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Website in accordance with Section 7 below.
You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed herein.
If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
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Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
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Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
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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;
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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;
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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;
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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);
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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;
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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;
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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;
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Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
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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;
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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;
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Conduct or forward surveys, contests, pyramid schemes or chain letters;
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Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
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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;
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Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
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Violate any applicable laws or regulations for the time being in force within or outside India;
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Violate the Terms including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
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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.
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Company has no obligation to monitor such communications by You. However, Company reserves the right to review materials posted by You and to remove any materials in its sole discretion. Company reserves the right to terminate the User's access to any or all of such communication services provided by Company at any time without notice for any reason whatsoever.
Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.
You agree that You are solely responsible to Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach.
You agree and acknowledge that Company is not the third party of the Products and Company shall in no manner be deemed to be the third party of the Products on this Website. Company is only facilitating purchase of the Products by You from the third parties by providing the services to You.
You agree that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
You agree that the Website may not be used for illegal purposes. The Information and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/ account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
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.
Risks associated with Company’s Services
You abide by these Terms of Use, Privacy Policy and any other Company Policy by using the Company’s Services.
The third party registered medical practitioners will not be examining You physically and may not have access to all or some of Your medical history that might be critical to consult You. The third party registered medical practitioners will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the third party registered medical practitioners may not be aware of facts or information that would affect his or her opinion of Your diagnosis. Therefore, to reduce the risk of this limitation, the Company strongly encourages You to be in touch with an on-ground physician and share the Company’s opinion with him/her.
You acknowledge and agree, by requesting a medical opinion through the Website, that-
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the advice/information/opinion on diagnosis You may receive could be limited and provisional;
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the medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship;
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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;
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the Medical Expert 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;
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in some events, the Medical Expert 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;
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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;
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in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
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delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms of Use.
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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:
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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;
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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
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You may not remove any text, copyright or other proprietary notices contained in the Product catalogues or any other materials available on the Website.
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The rights granted to You in the consultantcy or Product catalogues (if any) 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.
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Usage Conduct
You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
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Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Company or their third parties or respective third parties. You are not permitted to use the Marks without the prior consent of Company, the relevant third parties that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights to and into the trademark www.pharmeasy.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.
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Cancellation & Refund Policy
A: Cancellation Policy:
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An order/consultation can be cancelled by writing us back on anandiwfw@gmail.com at least 60 minutes prior to the consultation slot. we will cancel the slot and initiate your refund. You can also choose to postpone the appointment, your fees will be a deposit until your next booking.
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B: Refund Policy:
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Once the refund has been initiated for eligible returns as mentioned above, the amount is expected to reflect in your account as per the following timelines:
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1. ANANDI wallet (if applicable): : Same day;
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2. NEFT: 10-15 business days post refund initiation;
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3. Online refund: 10-15 business days post refund initiation subject to the bank turnaround time and RBI Guidelines.
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4. Paytm and other wallets: 10-15 business days post refund initiation.
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*The MRP mentioned at the time of return is without discount and the total amount to be refunded listed is an estimate. Total amount paid by You for the medicine(s) will be refunded once pick up is completed and verified by the third-party licensed Retail Pharmacies.
CONTACT INFORMATION
All notices to you relating to this Agreement shall be posted on the Service or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this Agreement may be made either by e-mail to anandiwfw@gmail.com or in writing and sent to the following:
PUFFERFISH TECHNOLOGIES PRIVATE LIMITED
119/536, DARSHAN PURWA KANPUR UP 208012 IN.