This document (“Terms”) is an electronic record in terms of the 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.
www.curepills247.com an internet-based portal and “curepills247”, a mobile application, (hereinafter together be referred to as “Website") are run, operated and maintained by curepills247 Pharmacy Private Limited (hereinafter to be referred to 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 106/3 Shakti Vihar, Meethapur, Badarpur, New Delhi 110044.
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 from time to time by the 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.
2. PRODUCTS AND SERVICES
The Website is a platform that facilitates, as an intermediary, the online requisition by the User for the purchase of medicines and wellness/health-related products and services offered by the 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 make any representation or warranty as to the 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 the 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 was shown as available on the Website at the time of placement of the order by You. Content: You agree and acknowledge that the respective Retail Pharmacies are exhibiting third party content which includes the 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 is 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 the collection of ratings and feedback from the User, and the Company shall not be in any manner held responsible for the 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.]
Suggestions For 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, the 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.
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 the 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.
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 applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail of the services provided by the Website, through Your legal guardian in accordance with the applicable laws. The company reserves the right to terminate your membership and/or refuse to provide You with access to the Website if it is brought to the 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 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 the 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. The 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 the Company or any other User of or visitor to the Website due to the 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 of the services offered by the 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. The company will not be responsible for any financial loss, inconvenience or mental agony resulting from the 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 the Company for the technical administration of the Website, research and development, and 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. The company does not store personally identifiable information in the cookies.
5. PRICING INFORMATION AND PAYMENT
The company strives to provide You with the best prices possible on the Products You require from the Website. The pricing details for the purchase of Products from the Website are detailed under these Terms.
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 in 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-
6. 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 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 another 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. The 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:
The 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 at its sole discretion. The company reserves the right to terminate the User's access to any or all of such communication services provided by the Company at any time, without notice for any reason whatsoever. The 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 remove any information or materials, in whole or in part, in Company's sole discretion. The 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 the Company shall in no manner be deemed to be the owner of the Products on this Website. The company is only facilitating the 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, 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 the 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 firstname.lastname@example.org. 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-
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:
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 the 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 the Company.
Any purchase of the merchandise or Services from the Website will be strictly for the personal use of the User. The User hereby expressly agrees that any merchandise 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 merchandise 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 to 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 the Company or their third-party partners or respective third parties. You are not permitted to use the Marks without the prior consent of the 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 “curepills247”, the domain name “www.curepills247.com”, 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 the Company or third party owner of such Content.
10. RETURN, REFUND, CANCELLATION AND SHIPPING CHARGES:
We offer returns and refunds 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 Terms and the Users are requested to carefully read the same.
As part of the Services provided by Us; We may facilitate and allow third party advertisers (“Third Party Advertisers”) to place advertisements on the Website.
For Third-Party Advertisers: The Third-Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectations and must not be misleading or offensive; must be responsible and of the highest standards and without compromising consumer protection.
The Company reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, the Company also reserves the right to request modifications to any advertisement and to require factual substantiation for any claim made in an advertisement.
12. EDITORIAL POLICY
As part of the Services provided by Us, the Website provides editorial content targeted at the public for informational purposes only and such editorial content does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind.
13. DISCLAIMER OF WARRANTIES AND LIABILITIES
You expressly understand and agree that to the maximum extent permitted by applicable law the Website, services and other materials are provided by Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from the Company or through or from use of the services shall create any warranty not expressly stated in the Terms.
To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
The company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website or any services or materials, either with or without your knowledge. The company has endeavoured to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. The company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the Company's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The company is not responsible for any typographical error leading to an invalid coupon. The company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
The company shall not be liable for any third-party product or services. The advertisement available on e-mail or Website with respect to the third-party website or the Products is for information purposes only. You expressly agree that Your use of the Website is at Your risk.
14. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless the Company including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company's entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials. The company is not responsible for any non-performance or breach of any contract entered into between Users and third-party service providers. The company cannot and does not guarantee that the concerned Users and/or third-party service providers will perform any transactions that are entered into on the Website. The company shall not and is not required to mediate or resolve any dispute or disagreement between Users and third-party service providers. The company does not, at any point of time during any transaction between Users and third-party service providers on the Website come into or take possession of any of the Products or Services offered by third-party service providers nor does it at any point gain title to or have any rights or claims over the Products or Services offered by third-party service providers to Users.
At no time shall Company hold any right, title or interest over the products, nor shall Company have any obligations or liabilities in respect of such contract entered into between Users and third-party service providers. The company is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
15. VIOLATION OF TERMS
You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems. If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.
The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where the Company has made this option available to You.
Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
You agree that all terminations shall be made at Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Website, Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.
17. GOVERNING LAW
These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Delhi, India and You hereby accede to and accept the jurisdiction of such courts.
18. REPORT ABUSE / GRIEVANCE REDRESSAL
In the event, You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to Company’s customer support team.
If You have any concerns about the Terms or grievances about the Website or our services, please contact us with a thorough description and We will try to resolve the issue for You. Please address them to Our grievance redressal officer at:
, to understand how the Company collects, processes, shares Your information and maintains data security practices in relation to Your Information.
You hereby expressly agree to receive communications by way of SMS, e-mails or any other mode from Company, phone calls relating to the Products offered through the Website and this supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.
A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by:
21. GENERAL PROVISIONS
Notice: All notices of the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to email@example.com
Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.
Severability: If for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right