Please read the terms and conditions carefully before using this
internet-based platform. You agree to be legally
bound by all the terms described herein and terms are incorporated by
reference. If You do not agree to all the terms and conditions,
do not use this
internet-based platform.
In terms of Information Technology Act, 2000, this document is
an electronic record and being generated by a computer system
it 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 https://www.sahicare.com/
or the application ‘Sahicare’.
TERMS OF USE
(as on 22.02.2022)
1. www.sahicare.com:
1.1. The
domain name https://www.sahicare.com/ , an internet
based platform (“Website”) and Sahicare, a mobile application (“App”), is owned and operated by M/s.
Cellova Lifesciences, a company duly
incorporated under the provisions of the Companies Act, having the registered address at Unit No-01, Plot No-570,
Vishwakarma Colony, Maliwara, Ghaziabad, Uttar Pradesh, 201001 (“www.sahicare.com” or “We”
or “Us” or “Our” or “Company”).
1.2. Your
access or use of the Website/App, transaction on the Website/App and use of the services hosted or managed remotely
through the Website/App, are governed by the following terms and conditions (“Terms
of Use”), including the applicable policies which are incorporated herein by way of reference. The Terms of
Use, read together with the Privacy Policy, that govern your purchase and use of the products and services from www.sahicare.com, constitute a legally binding contract, between You (“You” or “Your” or “Customer” or “User” or “Caregiver”) and www.sahicare.com, a fully licensed
pharmacy.
1.3. For
the purpose of these Terms of Use, wherever the context so requires the term
‘You’/ ‘User’ shall mean any natural
or legal person who has downloaded and installed the App and provided
registration data while registering on the App or by simply visiting
the Website by
entering the domain name in any internet browser. Any
services provided by the Website/App which
do not require registration do not absolve You of the contractual relationship
established by this Agreement/Terms of Use.
1.4. Wherever the context requires, the term ‘Doctor/registered medical practitioners’ shall mean any person permitted to practice medicine
by the MCI (Medical Council of India) or any regional council for registration of Doctor/registered medical
practitioners duly authorized by the government who will be verified
and authenticated by us.
1.5. The
Website/App is an internet based platform that provides/facilitates online
purchase of pharmaceutical products
sold either directly by the Company or by any third party pharmacies/distributors and manufacturers (“Services”).
1.6. By accessing, viewing, downloading, browsing
or in any way transacting on the Website/App, or availing any Services or information created, collected,
complied or submitted to www.sahicare.com, You signify
Your agreement to be bound
by these Terms of Use. Further, by
impliedly or expressly accepting these Terms of Use, You
also accept and agree to be bound by Our
policies, including the Privacy Policy, and such other rules, guidelines,
policies, terms and conditions as are
relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or
transacting on the Website/App, or availing any of the Services, and such rules, guidelines, policies, terms and
conditions shall be deemed to be incorporated
into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a
third-party website, You may be subject to alternative terms and conditions of use and privacy policy,
as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to
that website will govern Your use of that website.
1.7. www.sahicare.com 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-party service providers.
1.8. You
understand the App downloaded/or the Website You use is owned by Us. We may automatically upgrade the Website/App at
any time and the Terms of Use shall apply to such upgrades as well without any limitations.
2. User Eligibility And Creating An Account:
2.1. To
use certain features of the Website/App or availing Services or transacting in
the Website/App, You must
set up/register an account with www.sahicare.com
(“www.sahicare.com Account” or “Account”) in accordance with the procedure established by
2.2. As
a part of the registration process, www.sahicare.com
may collect the following information from You and all of Your registration information
collected in this regard are protected by our
Privacy Policy.
1. Name
2. User ID
3.
Email
address
4. Billing/Shipping Address
(including country and ZIP/ postal code)
5.
Gender
6. Age
7. Phone number
8.
Password chosen by User
9. Valid financial
information
10.
Other
details as You may volunteer
2.3. The
registration on or use/ access of the Website/App is only available to natural
persons, other than those who are
‘incompetent to contract’ under the Indian Contract Act 1872. Only persons who have attained ‘majority’ and
who are in a position so as to be fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties
set forth in these Terms of Use, and to abide by and comply with these Terms of
Use are eligible to register on, or
use/ access the Website/App. That is, persons including minors, un- discharged insolvents etc. are not
eligible to register on, or use/ access the Website/App. By registering, accessing or using the Website/App.
You accept the terms of these Terms of Use and
represent and warrant to www.sahicare.com
that You are ‘competent to contract’ under the Indian Contract Act 1872 and have the right, authority
and capacity to use the Website/App and
agree to and
abide by these Terms of Use.
2.4. A
registered User ID can only be utilized by the person whose details have been
provided and www.sahicare.com does not permit multiple
persons to share a single log in/ registration User ID. However, a registered user, being also a parent or legal
guardian of a person ‘incompetent to contract’ such as minors or persons
with unsound mind, would be permitted to access and use the Website for the purposes of procuring
the Services, on behalf of such persons, provided such parent or legal guardian
is competent under the Indian Contract Act 1872 are in a
position so as to be fully able
and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth
in these Terms of Use, and to abide by and comply with these Terms of Use. Organizations, companies, and businesses may
not become registered members on the Website
or use the Website
through individual members.
2.5. You
represent and warrant that the information You submit during registration is
truthful and accurate and that You
will maintain the accuracy of such information. You agree and acknowledge that You would (i) create only
1 (one) Account; (ii) provide accurate, truthful, current and complete information when creating Your Account and
in all Your dealings through the
Website; (iii) maintain and promptly update Your Account information; (iv)
maintain the security of Your Account
by not sharing Your password
with others and restricting access
to Your Account and Your computer; (v) promptly
notify www.sahicare.com if You
discover or otherwise suspect any
security breaches relating to the Website/App; and (vi) take responsibility for
all the activities that occur under Your Account and accept all risk of unauthorized access.
2.6. Your Account
username and password are personal to you. You may not transfer your account
and You will be responsible for the activities associated with your Account. www.sahicare.com
will not be liable for any loss or damages as a result of
your failure to maintain the confidentiality of your account
credentials.
2.7. By
creating this account, You agree to receive transactional and/or promotional communications from us via email, telephone, SMS and chat.
If you, at any time, wish to discontinue receiving
communications from us, You agree to
notify us by email.
2.8. www.sahicare.com, at its sole discretion,
reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website/App,
at any time while www.sahicare.com investigates complaints or
alleged violations of these Terms of Use or any Services, or if the Company
has reasons to believe that the information You shared are inaccurate or for any other reason as the Company
may deem proper at any time. You acknowledge that the Company reserves the right to terminate Your Account without any
notice and suspend the account without assigning any reason.
2.9. You
represent and warrant that You have read and understand these terms and agree
that they shall be binding upon You
and Your assigns, heirs and personal representatives. If You are the parent/legal guardian/authorised
person for the patient disclosed herein, You affirm that You are over the age of majority, and have
full authority to sign for and provide the above representations to the www.sahicare.com and/or its affiliates on the patient's
behalf.
3. Privacy Policy:
3.1. Your
personally identifiable information will be used in accordance with our Privacy
Policy. To understand our
practices, as to how We collect, use and disclose Your personally identifiable information, please refer Our Privacy Policy,
which also governs
Your visit to the
3.2. We
understand the privacy of all information You provide is of a primary
importance. This is why We do everything possible to use it carefully and sensibly.
4. Communications:
4.1. By
using the Website/App, it is deemed that You have consented to receiving calls,
auto- dialled and/or pre-recorded
messages or calls, from Us at any time with the use of the telephone number that has been provided by You for
the use of this Website/App, subject to the Privacy Policy. This includes contacting You through information
received through other parties as well as
contacting other parties through the information You provide to Us. By using
this Website/App, You who have placed
orders with Us, or has only signed up, or submitted your personal details in any of our forms also consent to receive
transactional and/or promotional emails/SMSs
from Us at any time We deem fit. This consent to be contacted is for purposes
that include and are not limited to
clarification calls and marketing and promotional calls. In case You wish to stop the contact with us for the
same, you may send us a mail to the effect at
support@sahicare.com
.
4.2. You
may also be contacted by service providers with whom we have entered into a
contract in furtherance of our
rights, duties and obligations under other agreements, contracts and policies followed by us. Such contact will
be made only in pursuance of the respective contracts, agreements and/or policies.
4.3. The
sharing of the information provided by You will be governed by the Privacy
Policy. We will not give out Your
contact information to third parties not connected with the Website/App and the services offered by it, and/or for
any purpose not in furtherance of the activities and aims of the Company.
Please refer to the 'Privacy
Policy' for more information.
5. Security Policy:
5.1. All
your transactions are secure when You place an order online at www.sahicare.com. Your personal information is encrypted by using 256-bit Secure
Sockets Layer (SSL) encryption technology
before being sent over the internet, which ensures the privacy and high level
of security of all Your information.
6. Prescription Medication Policy:
6.1. www.sahicare.com, a fully licensed and regulated pharmacy,
takes all precautions to strictly abide by the laws and regulations set
forth in the dispensing of prescription medications. By placing the order for your prescription medicines, You
acknowledge and accept the following terms regarding the purchase of any prescription medicines.
6.2. The
drug information provided in the www.sahicare.com
is for informative purposes only and this Website/App is not intended to provide diagnosis,
treatment or medical advice. We are not liable for any adverse effects
or harm to You as a result
of your reliance
on the information in the Website/App.
6.3. By
using the Website/App, You confirm that You are completely aware of the
indications, side effects, drug
interactions, effects of missed dose or overdose of the medicines You orders
from Us. It is imperative to seek
professional advice from your physician before purchasing or consuming any medicine from www.sahicare.com.
6.4. www.sahicare.com will not dispense any
prescription medication without a valid prescription from a doctor/registered medical practitioner.
6.5. In
order to purchase any prescription products through the website, You are
required to upload a scanned copy
of the valid prescription issued by a doctor/registered medical practitioner. You hereby confirm that You
will upload only valid prescription(s) issued by a doctor/registered medical, and this prescription shall then be subject
to the scrutiny of and approval by Our qualified pharmacists.
6.6. If
Our pharmacists have any questions or concerns about the prescription(s) You
hereby authorize them to consult
with an external network of doctors about the validity of the prescription.
6.7. You
acknowledge and accept that the order for a substitute drug or medication would
be processed only if the
doctor/registered medical practitioner who issued the prescription himself/herself permits for any other equivalent generic drug or medication to be dispensed
in place of the
prescription drug or medication.
6.8. At www.sahicare.com, a Caregiver, guardian or parent
can order prescription medicines and such that all the Terms of Use shall be applicable to such persons
without any limitations.
7. Use Of Services And Terms Of Sale:
7.1. Notwithstanding anything
else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products
on the Website/App 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 and the acceptance of the offer
would only be undertaken only after the validation/ verification of the prescription
and the ascertainment of the available stock. www.sahicare.com
may accept or decline any order placed in its absolute discretion.
7.2. You
understand and agree that all drugs and medications will be dispensed by a
registered pharmacist at www.sahicare.com and/or its affiliates. In any
event the prescription drugs or medications
are not available with www.sahicare.com,
www.sahicare.com reserves the right to direct such orders to its affiliates or
other third party service providers and You provide your consent for the same.
7.3. The
title of the products ordered by You shall immediately stand transferred to You
upon dispensation of such products
and payment against the order is received by www.sahicare.com. For products provided by other third
party service providers, the invoices for such sale will be issued by such third party service
providers and not by www.sahicare.com and You agree
and acknowledge that the Company
shall not be liable for the products
supplied by other third party service providers.
7.4. You
agree and acknowledge that the delivery of the order(s) shall be complete if it
is made at the address provided by You in the Website/App.
7.5. www.sahicare.com reserves the right to discontinue any program or offer on its Website/App.
7.7. We
acknowledge and You agree that You have fully and accurately disclosed your
personal information and personal
health information and consent to its use by the the Company and/or its affiliates.
7.8. You confirm
that You have had a physical examination by a doctor/registered medical practitioner and do
not require a physical
examination.
7.9. If
You are the patient/parent/authorised person on behalf of the patient, You
authorise and appoint the www.sahicare.com and/or its affiliates, as your
attorney and agent, to take all steps, sign
all documents and to act on Your behalf as if You were personally present and
acting for Yourself for the limited
purposes of (a) obtaining a valid prescription for any prescription which You have sent to www.sahicare.com; and (b)
packaging your prescriptions, the orders and
delivering them to you. By making the order You hereby authorise www.sahicare.com and/or its affiliates to ship the order by
post/courier to your registered address. This authorisation shall include, but not be limited to: collecting
and using your personal and personal health information as reasonably necessary
for the fulfilment of your order.
8.
Price, Delivery
Charges And Payment:
8.1. The installation and use of this Website/App is free of cost and this includes
only the usage
of certain services of the
Website/App. www.sahicare.com does not
charge any fee for accessing, browsing
in the Website/App. You hereby understand that this no charge policy maybe
amended at any time at the discretion of the Company.
8.2. For
the purpose of this section, Buyer would include any User choosing to use the
services offered on the App/Website. Seller means the Company/ www.sahicare.com and its Website/App.
8.3. While
availing any of the payment methods available on the App/Website, www.sahicare.com will
not be responsible or assume any liability, whatsoever in respect of any loss
or damage arising directly
or indirectly to You due to
a. Lack of authorization for any transaction(s), or
b. Exceeding the pre-set limit mutually agreed
by You and between ‘Bank(s)’, or
c. Any payment
issues arising out of the transaction, or
d. Decline of transaction for any other
reason(s).
8.4. All
payments made against the services on the Website/App by You shall be
compulsorily in Indian Rupees. The
Website/App will not facilitate transaction with respect to any other form of currency with respect to the orders
made on Website/App.
8.5. All our product prices
include all applicable statutory taxes.
8.6. We
make every effort to make sure that the pricing and availability of products on
Our Website/App is accurate and up to
date. However, rarely, there may be an error on the pricing of a product or an error related to product
availability. In such cases, We are not responsible for any typographical errors and We reserve the right
to cancel the sale.
8.7. We
reserve the right to correct any inaccuracies or omissions related to pricing
and product availability/descriptions,
even after You have submitted Your order, and to change or update any other
information at any time without prior notice.
8.8. Following
are the delivery charges at www.sahicare.com,
which are based on the order value and the delivery
chargers quoted below are applicable to all orders
at www.sahicare.com
Order Value between Rs 1 - Rs. 499, Delivery
Charge = Rs. 50 Order Value over
Rs. 500 FREE Shipping
Note: Delivery charges quoted above is valid on all
orders of www.sahicare.com
and also additional charges
maybe be charged.
8.9. The
Company reserves the right to modify/alter the delivery charges by providing
the same on the Website/App which
shall be considered as valid
and agreed communication.
8.10. Delivery
times may vary depending on several factors, including but not limited to
delivery location, type of
product You order and availability of the product.
8.11. In
order to process the payment, www.sahicare.com
may require Your financial and banking information such as bank account, debit card number, credit card number etc.
8.12. You
can make the payment via any one of the following methods of payment: Wallets: Paytm, AmazonPay, PhonePe,
UPI, GooglePay, Bank transfer (NEFT/RTGS/IMPS). All debit and credit
cards. Credit/Debit Card, Net Banking or Cash on Delivery. Credit/Debit Card
and Net Banking Payments
are processed via our online payment
service partners.
9. Refund, Return And Cancellation Policy:
Refund Policy:
a. You
received a defective item;
b. the ordered
item(s) is lost or damaged
during transit;
c. the ordered
item(s) is past its expiry date.
9.2. The
mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please
allow 7 to 10 working days for the credit to appear in your account. While We regret any inconvenience caused by this
time frame, it is the bank's policy that
delays the refund timing, and We have no control over that. If the mode of
refund is by Wallets, credit
should be available within
24 hours.
How to Request a Refund:
9.3. To
request a refund, email Us, within 3 days of receipt, Your order details,
including the reason why You are
requesting a refund. You can also raise a request on our website/App. The Company
may also require
You to upload pictures of the product(s) received in order
to process the refund.
9.4. Company
will verify the request within 3 working days from the time of receipt of your request. Once the claim is verified as
genuine and correct, www.sahicare.com will initiate
the refund process. In case of refund,
www.sahicare.com may also
initiate the collection process in which
case You will be required to pack the product(s) in the original manufacturer’s
packing for collected by www.sahicare.com.
9.5. If
You have any queries, do call Our help desk at +91-89391-69999, email us at support@sahicare.com
Return Policy:
a. Product(s) does not match Your order.
b. Product(s) delivered are past the expiry date.
c. Product(s) delivered are damaged in transit.
9.7. If
You have received a damaged product, do not accept the delivery of the product.
If after opening the package You
discover that the product(s) is damaged, the same may be returned for refund or replacement. www.sahicare.com does not promise a replacement for all the product(s) as it will depend on the availability of
the said product(s). In such cases, refund will be offered to You.
9.8. www.sahicare.com will not accept liability
for such delivery
issues if You fail to notify Us within 1 working days of receipt.
9.9. In
case You to want to return a product or products that are not defective, We may
allow the return of unopened, unused
products after deducting a 20% restocking charge, provided You notify us of such return
within 3 days of receipt.
www.sahicare.com will not accept returns
if You fail to notify
within 3 days of receipt.
9.10.
Returns are subject to the below conditions:
a. Wrong ordering
of product(s) does not qualify
for returns.
b. Batch number of the product(s) being returned should
match as mentioned on the invoice.
c. Returns arising
out of change in prescription does not qualify
for returns.
d. Product(s) being returned should compulsorily be in their
original manufacturer’s packaging
i.e., with original price tags, labels,
bar-code and invoice;
and
e. Partially used or consumed
product(s) does not qualify for returns.
Return Policy Exceptions:
9.11. Certain
category of products are not returnable. The details of the non-returnable
products are mentioned below:
Healthcare devices such as Injections, Surgical, Health
Monitor, Ortho Support. Medicines Temperature sensitive products
(Cold Chain Products)
Medicines For which Patient
Assistance Program has been utilized
9.12. www.sahicare.com does not offer replacements or
exchanges of the above non-returnable products.
Also, www.sahicare.com reserves the
right to refuse returns or refunds for certain
products, as marked in the respective product pages as “Note: This item
cannot be returned for a refund or exchange”
Return Process:
9.13. To request
a return, email
Us, within 3 working days of receipt,
your order details,
including the reason why You
are requesting a return. The www.sahicare.com
may also require You to
upload pictures of the
products received in order to process
the return.
9.14. Company
will verify the request within 3 working days from the time of receipt of your request. Once the claim is verified as
genuine and correct, www.sahicare.com will initiate
the collection of the product(s) to
be returned. You will be required to pack the product(s) in the original
manufacturer’s packing.
9.15. If
You have any queries, you can reach us at our help desk at +91-98737-28842 or
email us at support@sahicare.com
Cancellation Policy:
9.16. You can cancel the product(s) ordered
in the Website/App within 12 hours of placing the order. Orders
once shipped cannot be cancelled.
9.17. In
cases where www.sahicare.com is unable to
accept the order in cases including but not limited to non-availability of product or quantities ordered
by You or inaccuracies or errors in the pricing information etc, www.sahicare.com reserves the right to cancel
the order without any liability to the
Company.
a. Product(s) ordered
are not for self-consumption but for commercial resale;
b. Multiple orders
placed for same product
at the same address;
c. Bulk quantity
of the same product is ordered;
d. Invalid address
given in order
details
e. Any malpractice used to place the order.
10. Limited Use Of Information On The Website/App:
10.1. The
information on this Website/App is not a substitute for professional medical
advice or treatment for specific
medical conditions. It is important that You do not make medical decisions, and You should always seek the advice
from qualified healthcare professional with any questions You may have about
your medical condition.
10.2. www.sahicare.com does not endorse any views or
opinions that may be included in the Website/App
Content, or other information provided through our Services. Your submission of questions or reviews on our products
does not constitute a professional relationship between You and www.sahicare.com.
11. Third Party Information:
11.1. The
content on the Website/App which includes all text, graphics, user interfaces,
visual interfaces, photographs,
trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as
‘Content’). The Website/App may contain links to/ content of third-party websites that are not associated
with us. We have no control over any third-party user generated content as we are merely an intermediary for the
purposes of those content. In the event, if any
of the third-party content infringes
any intellectual property of any person, such third party shall be solely responsible for any loss caused
without any liability to the Company. You may send as an email at support@sahicare.com to report any such content.
11.2. Other
than that, when expressly allowed, any use of Our Content and it being
reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including
"mirroring") to any other computer, server, website or other medium
for publication or distribution or
for any commercial enterprise, without our express prior written consent
is not allowed.
12. User Content:
12.1. The
information/content that You upload or post in the Website/App (“User Content”)
will become Our property and You
grant us the worldwide, perpetual and transferable rights in such User Content. We shall be entitled to,
consistent with Our Privacy Policy as adopted in accordance with applicable law, use the User Content
or any of its elements for any type of use forever, including but not limited to promotional and advertising
purposes and in any media whether now known
or hereafter devised, including the creation of derivative works that may
include any content You provide and
are not entitled to any payment or other compensation for such use. You also grant us the right to sub-license
these rights, and the right to bring an action for infringement of these rights. We reserve the right to
edit or remove any material submitted to this
Website/App, or stored on Our servers, or hosted
or published upon this Website/App.
12.2. Those
posting any form of User Content on the Website/App must verify the
truthfulness and authenticity of the
particulars of the content, including the time, place and nature. Before allowing such content to be posted on the
Website/App, We have the right and authority to verify the accuracy of such particulars related to the content with the
respective sources provided by the
user posting such content, if We feel that there is a need to check such
accuracy. We have the right to upload
content on behalf of third parties, subsequent to collecting such information
and verifying it if we deem it
necessary. Notwithstanding this, We cannot be held liable for any false or misleading
information.
12.3. In
case any User Content is considered to be unlawful or against the law within
any jurisdiction in which our
Website/App can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
13. User Obligations:
13.1. You are a restricted user of this Website/App.
13.2. You
are bound not to cut, copy, distribute, modify, recreate, reverse engineer,
distribute, disseminate, post,
publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App.
With Our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or
wholesale reproduction, copying of the content
for commercial or non-commercial purposes and unwarranted modification of data
and information within the content of
the Website/App is not permitted. You shall not, nor allow third parties on Your behalf to (i) make and
distribute copies of the Website/App (ii) attempt to copy, reproduce, alter, modify, reverse
engineer, disassemble, decompile, transfer, exchange or translate the Website/App; or (iii) create derivative works of
the Website/App of any kind whatsoever.
13.3. You
agree not to access (or attempt to access) the Website/App and/or the materials
or Services by any means other than
through the interface that is provided by the Website/App. The use of 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/App
or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, 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/App.
13.4. You
acknowledge and agree that by accessing or using the Website/App or Services,
You may be exposed to content from
other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising
in relation to such offensive
content on
the Website/App. Further, You may report such offensive
content by sending us an e-mail to our official e-mail address.
13.5. This Website/App by nature allows
You to upload information; You undertake to ensure that
such material is in accordance
with applicable laws.
Further, You undertake not to:
a. Abuse,
harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise
violate the legal rights
of others;
b. Engage
in any activity that interferes with or disrupts access to the Website/App or
the Services (or the servers
and networks which
are connected to the Website/App);
c. Impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. Publish,
post, disseminate, any information which is grossly harmful, harassing,
blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or
unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within
the meaning of the
Indecent Representation of Women
(Prohibition) Act, 1986;
e. Post any file that infringes the copyright, patent
or trademark of other legal entities.
f. Upload or distribute files that contain
viruses, corrupted files, or any other similar
software or programs
that may damage the operation of the Website/App or another's computer;
g. Download
any file posted by another user of a Service that You know, or reasonably
should know, cannot be legally distributed in such manner;
h. Probe,
scan or test the vulnerability of the Website/App or any network connected to
the Website/App, nor breach the
security or authentication measures on the Website/App or any network connected to the Website/App. You
may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the
Website/App, or any other customer of the Website/App,
including any account not owned by You, to its source, or exploit the
Website/App or Service or information
made available or offered by or through the Website/App, 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/App;
i. Disrupt
or interfere with the security of, or otherwise cause harm to, the Website/App,
systems resources, accounts,
passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
j. Collect
or store data about other users in connection with the prohibited conduct and
activities set forth in
this Section.
k. Use
the Website/App or any material or Content or User Content for any purpose that
is unlawful or prohibited by these
Terms of Service, or to solicit the performance of any illegal activity
or other activity
which infringes the rights of this Website/App or other third parties;
l. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m. Violate any applicable laws or regulations for the time being in force within or outside
India;
n. Violate
the Terms of Use including but not limited to any applicable Additional Terms
of the Website/App contained herein or elsewhere.
o. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p. Threaten
the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or
public order or causes incitement to the commission of any cognizable offence or prevents
investigation of any offence
or is insulting any other nation.
q. Publish,
post, disseminate information that is false, inaccurate or misleading; violate
any applicable laws or regulations for the time being in force in or outside
India;
r. Directly or indirectly, offer,
attempt to offer,
trade or attempt
to trade in any item, the dealing
of
which is prohibited or restricted in any manner
under the provisions of any applicable law, rule, regulation or guideline for the time being
in force.
s. Create
liability for Us or cause Us to lose (in whole or in part) the services of our
internet service provider
("ISPs") or other suppliers;
13.6. While
We shall not be held liable or answerable to Users for any such acts on your
part, violation of this clause would
lead to potential criminal legal action against You, either by other Users
of the Website/App or by Us.
13.7. We
can (and You hereby expressly authorize Us to) disclose any information about
You to law enforcement or other
government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may involve personal injury.
You understand that we have the right at all times to disclose any information (including the identity of the persons
providing information or materials on
the Website/App) as necessary to satisfy any law, regulation or valid
governmental request. This may
include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity
or solicitation of illegal activity or in response to a lawful court order or subpoena.
13.8. We
have no obligation, to monitor the material posted on the Website/App. We shall
have the right to remove or edit any
content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or
letter of these Terms of Use. Notwithstanding this right, You remain solely responsible for the
content of the materials You post on the Website/App. In no event shall We assume or have any
responsibility or liability for any content posted or for any claims, damages or losses resulting from
use of content and/or appearance of content on the App. You hereby represent and warrant that You have all necessary
rights in and to all content which You
provide and all information it contains and that such content shall not
infringe any proprietary or other
rights of third parties or contain any libelous, tortuous, or otherwise unlawful
information.
13.9 Referral Policy and Sahicare Cash
Sahicare cash is given as an incentive for customers to
refer others to Sahicare and in any other manner deemed fit.
1. Sahicare reserves
the right to revoke Sahicare
cash disbursed
2. Sahicare Cash cannot be substituted for currency
3. Sahicare
reserves the right to cap the usage of Sahicare cash per user, per order or in
any other manner deemed fit.
4.
Referrals using the same prescription
will not be counted and Sahicare reserves the right to refuse service
to customers who use multiple
accounts with same prescription.
14. Disclaimer Of Warranties And Limitation Of Liability:
14.1. All
information, products and Services included on or otherwise made available to
You through this Website/App are
provided by www.sahicare.com on an "as
is" and "as available" basis,
either expressed or implied, We specifically disclaim warranties of any kind to
the extent allowed by the applicable
law. You expressly agree that Your use of this Website/App is at your sole risk.
14.2. www.sahicare.com assumes no responsibility for
any damages or viruses that may infect your computer
equipment or other
property on account
of your access
to, use of, or browsing
in
this site.
14.3. www.sahicare.com has exerted reasonable efforts
to ensure that all information published on
the Website/App is accurate at the time of posting; however, there may be
errors in such information for which
We shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/App at Our sole discretion.
14.4. www.sahicare.com cannot guarantee the adequacy,
currency or completeness of the Website/App
content. www.sahicare.com does not
warrant or endorse the effectiveness, quality
or safety of the
products available on the Website/App.
14.5. We
disclaim responsibility for any harm to persons resulting from any instructions
or products referred to in the
Website/App. www.sahicare.com is not
associated with any manufacturer of
medicines or other products on the Website/App. We do not warrant that the Website/App, or its content will meet Your
requirements.
14.6. Please
note that while www.sahicare.com has made every
effort to accurately display the colours
of products on its Website/App, the actual colour You see will depend on your
monitor or the display You use to
access the Website/App. We cannot guarantee that Your device’s display of any colour will be the same as the
colour of the products delivered to You.
14.7. We
may let You view Our information and communicate with us through the social
media services such as Facebook,
Instagram, Twitter. www.sahicare.com explicitly
disclaims any responsibility for the
terms of use and privacy policies that govern these third-party websites, which are in no
way associated with us.
14.9. www.sahicare.com reserves the right to modify or
withdraw any part of the Website/App or any of its content at any time without notice.
15. Website/App Availability:
15.1. We
take all reasonable care to ensure the availability of the www.sahicare.com Website/App 24x7. However, the Website/App may become
temporarily unavailable due to maintenance, server
or other technical issues, or for reasons beyond our control. www.sahicare.com does not warrant uninterrupted access to this Website/App or any linked Website/App. However,
We may, but shall not be
obliged to, issue a notice when We know of scheduled maintenance of our Website/App.
16. Links To Third-Party Websites:
16.1. We
provide link to third-party websites, our online payment service partners,
which process your Net Banking and
Credit/Debit Card payments, etc. We are not responsible for the availability or proper functioning of such linked
pages or sites, and We cannot not be held responsible for any loss or inconvenience encountered as a result
of using such Website
link.
17. Location Of Services:
17.1. Currently we provide our services in India.
18. Copyrights, Trademarks And Other Intellectual Property Rights:
18.1. As
per the Terms and Conditions of www.sahicare.com,
the Website/App grants access to Users/Customers to view the content solely for visiting,
ordering, and communicating only. All materials
in this Website/App, including, but not limited to, images, illustrations,
text, logos and page headers, that
are part of this Website/App are copyrights and/or other intellectual properties owned by Cellova Lifesciences.
All other trademarks not owned by www.sahicare.com that appear on this Website/App are
the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by www.sahicare.com.
18.2. You
hereby agree that You will not reproduce, duplicate or copy the content of www.sahicare.com
for any purpose, unless You have been specifically
permitted to do so in a separate agreement with this Website/App.
19. User Indemnification:
19.1. You
hereby agree to indemnify, defend, hold harmless www.sahicare.com
and its officers, directors,
employees, agents, information providers, partners, licensors, advertisers and
suppliers from and against all
claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of
this agreement, or any activity related to Your Account, or any information or material You have submitted or will submit
to Us in violation of any law or in
breach of any third party rights (including, but not limited to, claims in
respect of defamation, invasion of
privacy, or infringement of any other intellectual property right). We reserve
the right to exclusively defend and
control any claims arising from the above and any such indemnification matters,
and You hereby
agree to cooperate
fully with Us in asserting
any available defences.
20. Compliance With Applicable Laws:
20.1. While
communicating/ transacting through the Website, the Parties shall at all times
ensure full compliance with the
applicable provisions of all the applicable laws including but not limited to the Contract Act, IT Act, IG
Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956
read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc. as
well as all other laws for the time being
in force, and ensure due payment of applicable taxes. They must specifically
ensure that they are in no way
purchasing Pharmaceutical Good and Services or Prescription Drugs without a valid prescription, which are prohibited
under the Drugs Act (read with the Drugs Rules) as well as the other applicable
laws for the time being in force.
20.2. The
Users must also ensure that the prescription uploaded on the Website/App or
emailed to www.sahicare.com
for processing the order for prescription drugs is a
valid prescription duly obtained
from a registered medical practitioner. The Users acknowledge and accept that
they shall bear all costs/ liability/
damages, caused to the www.sahicare.com,
its affiliates or other
third party service providers as a result of any dispensation of
prescription drugs owing to the non-compliance by the User in this regard.
21. Disclaimer Of Warranties And Liabilities
21.1. You
expressly understand and agree that, to the maximum extent permitted by
applicable law that:
a. The
website/app, services and other materials are provided by this Website/App is
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, We make no warranty
that
(i) Your requirements will be met or that services provided
will be uninterrupted, timely, secure or error-free;
(ii) materials, information obtained and results
will be effective, accurate or reliable;
(iii) any
errors or defects in the website/app, services or other materials will be
corrected. To the maximum extent
permitted by applicable law, we will have no liability related to User Content
arising under intellectual property rights, libel,
privacy, publicity, obscenity or other
laws. We also disclaim all liability with respect to the misuse,
loss, modification or unavailability of any
User Content.
b. The
User understands and agrees that any material or data downloaded or otherwise
obtained through the Website/App is
done entirely at his/her 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. We are not responsible for
any typographical error leading to an
invalid coupon. We accept no liability for any errors or omissions, with
respect to any information provided to You whether on behalf of itself or third parties.
c. We shall not be liable for any third-party product or services.
22. User Submissions:
22.1. www.sahicare.com reserves sole discretion to accept, edit or
reject any and all materials. You may
send to us as part of the features
in the Website/App, including but not limited to, ratings & reviews, testimonials, etc.
("Submissions"). Such Submissions should not be offensive on moral, religious, racial or political
grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise
objectionable nature. Transmitting such offensive materials may violate
relevant laws, regulations
and ethics of pharmacy.
22.2. www.sahicare.com shall be deemed to own all known and hereafter existing
rights of every
kind and nature regarding the Submissions. By posting, uploading,
inputting or providing your Submissions,
You hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a
non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish
Your name in connection with your Submission.
22.3. You
also represent and warrant that your Submissions will not infringe,
misappropriate or violate a third
party's patent, copyright, trademark, trade secret, moral rights or other
intellectual property rights,
or rights of publicity or privacy.
22.4. The
User/Customer shall be prohibited to introduce, post, or transmit any
information or software, which
contains a virus, worm or other harmful components into the www.sahicare.com Website/App.
22.5. www.sahicare.com does not endorse and is not
responsible for any Submissions on its Website/App.
We will not be liable for any loss or harm caused by the Submissions or your reliance
on the information, including but not limited
to, statements, opinions
and reviews posted
by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.
23. Indemnification And Limitation Of Liability:
23.1. You
agree to indemnify, defend and hold harmless the Company including but not
limited to its affiliate vendors,
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 Us that arise out of,
result from, or may be 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 of Use. Further, You agree to hold Us harmless against
any claims made by
any third party due to, or arising out of, or in connection with, Your use of
the Website/App, any claim that Your
material caused damage to a third party, Your violation of the terms of service,
or Your violation
of any rights of another,
including any intellectual property rights.
23.2. In
no event shall We, or Our officers, directors, employees, partners or suppliers
be liable to You 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 We have 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/App, services
or materials.
23.3. The limitations and exclusions in this section
apply to the maximum extent
permitted by applicable law.:
24. Termination:
24.1. You agree that, in its sole discretion and for any or no reason, including
without limitation if You
breach these Terms of Use, may terminate your access to and use of the
Website/App, at any time. You agree
that any termination of your access to the Website/App or suspension of your account may be effected without prior
notice, and You agree that www.sahicare.com
shall not be liable to You for any such termination. Your right to use the www.sahicare.com Website/App
/Service immediately ceases upon termination of your access/use of the Website/App.
25. Force Majeure:
25.1. Users
accept and acknowledge that www.sahicare.com
shall not be liable for any loss or damage caused to the User as a result of
delay or default or deficiency or failure in the Services as a result of any natural disasters,
flood, earth quack, war, insurrection, fire, riots, civil disturbances,
terrorist attack, revolution, epidemic, pandemic, actions or decrees of
governmental bodies, communication
line failures (which are not caused due to the fault of www.sahicare.com, its
affiliates or the third party service providers), or any other delay or default
or deficiency or failure which arises
from causes beyond www.sahicare.com reasonable
control (“Force Majeure Event”). In
the event of any Force Majeure Event arising, www.sahicare.com,
depending on whose performance
has been impacted under the Terms of Use, shall immediately give notice to the
User of the facts which constitute the Force Majeure
Event.
26. Governing Law And Jurisdiction:
26.1. These Terms of Use, Privacy Policy
and your use of this Website/App and its content
will be governed by and construed in all respects in accordance with
the laws of India without reference to
conflict of law principles. Any legal action or proceeding related relating to
this Terms of Use shall be subject
to the exclusive jurisdiction of the courts at Chennai only.
27. Dispute Resolution:
27.1. All disputes
arising out of or in relation to this Terms
of Use, Privacy
Policy including but not limited to rights conferred,
compensation, refunds, and other claims (“Dispute”) will be at mutually
resolved by the Parties amicably
amongst themselves, to the mutual
satisfaction of both
Parties. In the event that the Parties are unable to reach such an amicable
solution within thirty
(30) days of one Party communicating the existence of a
Dispute to the other Party, the Dispute will be resolved by arbitration by a sole arbitrator to be mutually
appointed by both Parties, and the award passed by such
sole arbitrator will be valid and
binding on both Parties.
27.2. The
arbitration shall be conducted in English, and the seat of Arbitration shall be
the city of Ghaziabad in the state
of Uttar Pradesh, India.
27.3. The
Parties shall bear their own costs for the proceedings, although the sole
arbitrator may, in his/her
sole discretion, direct
either Party to bear
the entire cost of
the proceedings.
27.4. The
Parties expressly agree that the Terms, Policy, Privacy Policy and any other
agreements entered into between the
Parties are governed by the laws, rules and regulations of India, and that the Courts at Chennai shall have
exclusive jurisdiction over any disputes arising between the Parties.
28. Modifications And Amendments:
28.1. We reserve
the right to amend these terms and conditions from time to time without
further notice to You. Any
such amendments We make shall be effective once we post a revised version of these Terms of Use on the Website/App. It
is your responsibility to review the www.sahicare.com Terms of Use regularly. Your continued
use of the Website/App following the publication of any such changes will constitute your agreement to follow and be
automatically bound by the amended terms
and conditions.
29. Miscellaneous:
29.1. We
reserve the right to change these Terms of Service at any time without notice
in its discretion and to notify Users
of any such changes solely by changing this Terms of Use. Your continued use of the Website/App after the
posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. Your use of
this Website/App prior to the time this
Terms of Use was posted will be governed according to the Terms of Use that
applied at the time of your
use.
29.2. We
may modify, suspend, discontinue or restrict the use of any portion, including
the availability of any portion of
the Website/App or its content at any time, without notice or liability. We may deny access to any
person or User at any time for any reason. In addition, we may at any time transfer rights and
obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their
affiliated companies or divisions, or any entity that acquires Us or any of
their assets.
29.3. We hereby
reserve the right to block
usage of the Website/App if any breach of the
Terms of Use is caused by a User. This can in no
way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.
29.4. If
any provision of these Terms and Conditions shall be unlawful, void, or for any
reason unenforceable, then that
provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
29.5. Even
after termination, certain obligations including but not limited to indemnity obligations, intellectual property rights,
dispute resolution will continue and survive termination.
29.6. Any
failure of the Company to enforce or exercise any provision of this Agreement
or related right shall
not constitute a waiver of
that right or provision.
29.7. The section
titles used in this Agreement are purely for convenience and carry with them no legal or contractual
effect.
29.8. In the case of a conflict
between these terms and the terms of any electronic or machine readable statement or policy, these
Terms of Use shall prevail. Similarly, in case of a conflict between
these terms and our Privacy
Policy, these Terms of Service
shall prevail.
30. Contact Information:
30.1. If You have any grievance, comment,
question, or suggestion regarding any of our Services,
please contact our customer service at support@sahicare.com.
If You have have any questions concerning www.sahicare.com,
the Website/App, these Terms of Use, or anything related
to any of the foregoing, www.sahicare.com can be reached at the following
email address – support@sahicare.com
