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This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of www.lilavatipharmacy.com website and its mobile applications.

1. GENERAL

www.lilavatipharmacy.com an internet-based portal and “Lilavati Pharmacy & Wellness”, a mobile application, (hereinafter together be referred to as “Website“) is run, operated and maintained by Lilavati Pharmacy and Wellness Pvt. Ltd. (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013, having its registered address at Gr Floor, Shop No 9a, Dev Atelier, Nr Anandnagar Cross Road, Opp Deoram, Vejalpur, Ahmedabad, Ahmedabad, Gujarat, 380015.

For the purpose of these Terms, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who accesses, uses or subscribes to Our Website, agrees to become a buyer on the Website or avails or offers to avail any of Our services.

Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by 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).

The Company reserves the right to change or modify these Terms or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, We will inform You of such changes within such timelines as may be specified under the applicable laws. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms and conditions that apply to Your use of the Website. If You do not agree with any of the Terms, please do not proceed further to use this Website.

By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely by browsing the Website, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, the Website’s 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, 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.

Our Website is operated, and services are provided in compliance with the laws in India and the 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 the online requisition by the User for purchase of medicines and wellness / health related products (“Products”) and services (“Services”) offered by the Company (“Products and Services“). The sale & purchase / transaction between US and You, of Products and Services, facilitated by the requisition placed by You on the Website shall be governed by these Terms.  

Prescription Drugs:

In order to purchase drugs and pharmaceutical products that require a valid prescription, You are required to upload a scanned copy of the valid prescription on the Website. We shall, with respect to any drugs or pharmaceutical products, dispense only those quantities as are specified in the prescription. We will verify the prescription forwarded by You and in case of any discrepancy observed by Us, the order may be cancelled by Us.

Suggestion of Alternate of Prescribed Drugs:

You acknowledge and accept that as per the extent applicable laws within the territory of India the order for an alternate prescription drug would only be processed if: (i) a registered medical practitioner has permitted/approved/provided consent for any such other equivalent generic drug containing similar or substantially similar composition as the prescribed drug, to be dispensed in place of the prescription drug in writing; (ii) or if the prescription lists the active pharma ingredient/salt names instead of a specific brand name, in which case also, dispensation of such drug shall be certified and approved by a registered medical practitioner in writing, and (iii) You shall have provided Your consent in writing in respect of such substitution of the prescribed drug.

In the event of an invalid prescription or unavailability of the prescription drug, We shall cancel the order and intimate You accordingly.

Invitation to offer for sale:

The listing of drugs and other pharmaceutical products on the Website 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 Us (“Offer”). The acceptance of the Offer would only be undertaken by Us after the validation/ verification of the prescription by Us (in case of Prescription Drugs) and the ascertainment of the available stock  available with Us (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 Us, as appearing in these Terms, shall be construed solely as an ‘invitation to offer for sale’.

Transfer of Property and Completion of Sale:

Upon acceptance of the Offer by Us, the Products and Services would be dispensed 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, 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 by Us. The invoice in relation to the Products and Services, that are required to be delivered to You shall be issued by Us which is to process and satisfy the order for such Products and Services.

Drugs Delivery:

The Products and Services shall be delivered by Us or independent contractors. We shall endeavour to carry out deliveries during and within such time period as communicated on Our Website and various communication channels. Our services are offered on a best-effort basis, and as such We do not provide any guarantee of the exact delivery time, which despite all our efforts, may vary from order to order, due to certain factors including but not limited to operational disruptions owing to shortage of products and manpower, strikes, lockouts, official control measures, inevitable delays by our suppliers, rider unavailability, public holidays, product unavailability/shortage, date of delivery, time of delivery, area of delivery, distance from the hub, customer demand, traffic, sudden breakdown of delivery vehicle, weather conditions, force majeure events specified below and/or any other unforeseen reasons beyond our control. We shall endeavor to deliver the order at the delivery address as provided to Us while placing the order on our Website. However, any interruption or disruption caused in delivery due to any incorrect details provided to Us on the Website shall not be Our responsibility and any resultant losses/damages caused shall be Your sole responsibility and will not be attributable to Us in any manner whatsoever. Notwithstanding Your request to leave Your order at Your doorstep or elsewhere, such request cannot be complied with and We shall not be responsible to deliver Your order if no one is available to receive the same at the delivery address, inasmuch as it could lead to theft, tampering, spoilage, contamination etc. We shall not be liable for non-delivery or any losses/damages arising from the same in the given case scenario and any losses/damages caused by such circumstances shall be solely borne by You. You shall undertake to provide accurate directions, information and authorizations to accept delivery of Your order. Due to Your failure to comply with the same, if the order stands undelivered, the order shall be deemed to have been delivered to You and all the risks and responsibilities in relation thereto shall pass on to You. As part of Our best endeavor to deliver all orders within the promised delivery timeline, Our rider may connect with you via mobile or internet call to identify the exact location of delivery. However, in the event You do not pick up the call or the call on the given number does not get connected at the first instance, for any reason whatsoever, the promised delivery timeline shall stand no longer applicable, without prejudice to the fact that the promised time is only an approximate measure of delivery time. The delivery charges associated with each of Your purchases will be displayed on the checkout page once You place an order on the Website. Any other applicable charges will also be displayed at the time of purchase and will be payable accordingly. Cash on Delivery (“COD”) is a payment method by which you can pay for your ordered item(s) in cash when We deliver the orders to You at Your delivery address. In the event You choose to pay for Your order via COD mode, the riders shall have the right to refuse delivery of Your order if You fail to make the complete payment at the time of delivery. In that case, We shall not be liable for any losses or damage arising from non-delivery of the order and the same shall be Your sole responsibility. You will be informed once the order is confirmed and when the items are shipped with an update on the approximate delivery time. We shall make best efforts to ship each item in Your order within the approximate delivery time intimated to You at the time of placing the order. However, in some cases, it may take longer to ship the order as We may have to procure it from some other stores or Our suppliers. In the unlikely event that We are not able to ship Your order completely within 36 hours of the order, We shall cancel the remaining unshipped part of the order, and send You a communication informing You about the same. In such cases, Your payment against the unshipped part of the order shall be refunded, in the manner You have made the payment, in accordance with the Return and Refund Policy. Delivery time periods specified on Our Website shall always be non-binding under all circumstances inasmuch as delivery is a sum total of multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond our control. To put forth its best efforts to deliver the order effectively and within the promised timeframe, both internal and third-party entities are engaged by Us to carry out deliveries with strict procedures. Please note that third-party services will be governed by their own terms of service and other policies applicable to the corresponding third party and We have no control or connection to it whatsoever and We make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to the services of the third party. We do not make any inter-state deliveries of medicine. Inter-state delivery of medicines is fulfilled through external delivery partners. We may also engage external delivery partners for certain inter-city and local deliveries. Any delay, loss, harm, theft or damage arising from the shipping of products by the external delivery partner is the sole liability of the external delivery partner. We shall not be held liable for the actions of the external delivery partner in any way whatsoever.

International delivery is not available currently. You can access the website to order items while being located anywhere in the world, but the shipping address has to be in India.

We shall have the right, at our sole discretion, to refuse or cancel any orders placed for a Product, unless the Product has already been dispatched. You will compensate Us for any extra cost incurred for redelivery in the event of a non- delivery in the first instance on account of a mistake by You (i.e. wrong name or address or any other wrong information).

3. ELIGIBILITY OF USE

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Website. The Products shall also not be available to any Users suspended or removed from the Company’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the Products through the Website. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of 18 (eighteen) years, You may avail 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 (eighteen) years. The 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

 The Company shall enable You to make the requisition of Products and Services available to You through the Website, only if You have provided the 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 the Company ID and password or other log-in ID and password, which can include a Facebook, Gmail, yahoo ID or any other valid email ID (collectively, the “Account Information“). The transaction and delivery of the Products by Us 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 any 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 authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. The Website also allows / shall allow restricted access to the Website for unregistered Users. You shall ensure that the Account Information provided by You in the Website’s registration form is true, complete, accurate and up to date. Use of another User’s Account Information for availing the Services offered by 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 the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the 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 misuse of 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 for User administration. In the course of serving advertisements or optimizing services to You, the 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 purchase of Products from the Website are detailed under these Terms.

Further:

1. All commercial terms such as price, delivery, dispatch of Products and/or Services are as per principal-to-principal bipartite contractual obligations between User and the Company.
2. You, as a User, understand that upon initiating a requisition on the Website, You are entering into a legally binding and enforceable contract with Us to purchase the Products and /or Services from Us on a cash on delivery basis or such other mode as may be specified by the Company.
3. You, as a User, shall hand over a copy of the prescription, at the time of delivery, for the delivery of Products which as per law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such Products shall be made only if the third party or its agent/employee is satisfied that the prescription is in compliance with applicable laws and norms.
4. You, as a User, shall electronically notify the Company using the appropriate Company’s Website features immediately upon delivery or non-delivery within the time period as provided in these Terms. Non-notification by You of delivery or non-delivery within the time period specified in these Terms shall be deemed as delivery in respect of that particular order.
5. You, as a User, shall be entitled to claim a refund in accordance with the Return and Refund Policy of the Company.
6. Refund shall be made in Indian Rupees only and shall be equivalent wholly or a part of the transaction price received in Indian Rupees.
7. Refund shall be subject to User complying with these Terms.
8. The Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with the Company or breach of any policy.
9. The User acknowledges that the Company will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price.
10. The User also agrees to pay a nominal fee as mentioned hereunder.

In order to process the payments for Your orders, the Company might require details of Your bank account, credit card number, etc. The online fee payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User / 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/ 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.

Security Measures- The payment made for every transaction is done through API integration.

Moreover, You may also check Our Privacy Policy to understand how the Company uses the confidential information provided by Users.

The Company reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication. The Company shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the User.

Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.

Click here Page Content-

1. GPay-https://support.google.com/pay/india/gethelp
2. Paytm-https://paytm.com/care/ticket
3. Amazon Pay-https://www.amazonpay.in/contact
4. PhonePe-https://www.phonepe.com/contact-us/
5. Mobikwik-https://blog.mobikwik.com/contactus/
6. Airtel Money-https://www.airtel.in/personal/money/contact-us
7. Visa, Mastro, Rupay and Maestro cards;
8. Cash on delivery for offline payments.

^*The above list of payment methods and payment partners is subject to modifications and may change from time to time at the sole discretion of the Company.

6. USER OBLIGATIONS

Subject to compliance with these Terms, the 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 the Company. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Website, the information, or Services for any purpose. You shall not use any automated device to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

You acknowledge and agree that by accessing or using the Website or Services, you may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. 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:

• Host, display, upload, modify, publish, transmit, store, update or share any information or User submissions which:
  1. belongs to another person and to which the User does not have any right;
  2. is pornographic, paedophilic, invasive of another privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or is objectionable;
  3. is harmful to child;
  4. infringes any patent, trademark, copyright or other proprietary or intellectual property rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  7. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
  8. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or threatens public health or safety;
  9. Defame, abuse, harass, threaten or otherwise violate the legal rights of others; and
  10. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  11. Is not relating to any of the Services availed from Us.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
• Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
• Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the Company, including any Company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Paragraph.
• Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
• Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• Violate any applicable laws or regulations for the time being in force within or outside India;
• Violate the Terms, including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
• Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

The Company has no obligation to monitor such communications by You. However, the Company reserves the right to review materials posted by You and to remove any materials in 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 to remove any information or materials, in whole or in part, in the Company’s sole discretion. The Company does not control or endorse the content, messages or information found in any communication service and, therefore, the 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 the 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 the Company or its affiliates or its vendors may suffer) for any such breach. You agree that the Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

You agree that the Website shall not be used for illegal purposes. The information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You shall not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Website, the information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/ Account. Any attempt by any individual or entity to solicit login information of any other user or third party registered medical practitioner or to access any such account is an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

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 info@lilavatipharmacy.com.  As soon as you inform Us, We will make all reasonable endeavours to remove such objectionable content complained about within a reasonable time.

7. USE OF MATERIALS

Except as expressly indicated to the contrary in any applicable Additional Terms, the Company hereby grants You a personal, non-exclusive, freely revocable (upon notice from the Company), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following condition:

• You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;
• You may not modify or alter Product catalogues or any other materials available on the Website;
• You may not distribute or sell, rent, lease, license or otherwise make the Product catalogues or any other materials available on the Website available to others; and
• You may not remove any text, copyright or other proprietary notices contained in the Product catalogues or any other materials available on the Website.

The limited rights granted to You in the Product catalogues, or any other materials as specified above do not confer upon You any rights to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Product catalogues or any other materials available on the Website shall not be copied or retransmitted unless expressly permitted by the 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 Products or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any Products 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 Products purchased are not transferrable to any third party for profit.

8. USAGE CONDUCT

 You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the Website.

You are also under an obligation to use this Website for reasonable and lawful purposes only, and You shall not indulge in any activity that is not envisaged through the Website. You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and You shall not re-sell the same to any other person. Once You subscribe with the Website, You shall use the prescription exclusively to purchase medicines via the Website and shall not use the same prescription to fulfil the medicine requirement from other retailers unless the medicines are not supplied for any reason by Us via the Website.

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 the 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, the Company owns all intellectual property rights in and to the trademark “Lilavati”,  “Lilavati Pharmacy & Wellness Pvt. Ltd.”, domain name “www.lilavatipharmacy.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 return and refund on the Products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the cancellation, 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.

11. ADVERTISEMENTS

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 Users: The Website clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. This content will not be reviewed by Our in-house editorial staff but shall be subject to applicable laws, these Terms and the Privacy Policy.

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 expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising consumer protection.

General Rules: The Company may, at any time and without having to serve any prior notice to the Third Party Advertisers, upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and/ or these Terms and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review these Terms and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. We may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous. We are not responsible for any liability arising from an advertisement by a Third Party Advertiser.

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 the 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, the 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, the 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 the 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, the 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 are for information purpose 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 the Company 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. Further, You agree to hold the 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, the 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 the 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 the 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 unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

16. VIOLATION OF TERMS

You agree that the 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 the 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 the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity. You agree that the 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 the Company does take any legal action against You as a result of Your violation of these Terms, the 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 the Company.

17. FORCE MAJEURE EVENTS

We will not be liable for any non-compliance or delay in compliance with any of the obligations We assume under any contract including any delay or failure to deliver Products when caused by a Force Majeure event. Force Majeure event shall include any event that is beyond Our reasonable control including any act, event, failure to exercise, omission or accident that is beyond Our reasonable control, including, among others, the following:

1. Strike, lockout or other forms of protest;
2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
3. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
4. Inability to use public or private transportation and telecommunication systems; and
5. Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.

Our obligations deriving from any contracts shall stand suspended during the period during which the Force Majeure event continues in effect and the time period for fulfilling the said obligation shall automatically stand extended by an amount of time which shall not be less than the time during which the said Force Majeure event subsisted.

TERMINATION

The Terms will continue to apply until terminated by either You or the Company as set forth below. If You want to terminate Your agreement with the 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.

The Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:

• You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
• The Company is required to do so by law (for example, where the provision of the Services hereunder, to You is, or becomes, unlawful);
• The provision of the Services to You, by the Company is, in the Company’s opinion, no longer commercially viable;
• The Company has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
• The Company may also terminate or suspend all or a portion of Your account or access to the Services with or without reason.

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 in the Company’s sole discretion and that the 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 the Company chooses to terminate them. If You or the Company terminates Your use of the Website, the Company may delete any content or any other materials relating to Your use of the Website and the Company will have no liability to You or any third party for doing so.

18. GOVERNING LAW

These Terms and all transactions entered into on or through the Website and the relationship between You and the 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 the Company shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, India and You hereby accede to and accept the jurisdiction of such courts.

19. 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 the Company’s customer support team.

If You have any concern 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 redressed officer at:

• Name:  Mohit Mathur
• Address: Gr Floor, Shop No 9a, Dev Atelier, Nr Anandnagar Cross Road, Opp Deoram, Vejalpur, Ahmedabad, Gujarat, 380015
• Phone number: 08799293366
• E-mail: info@com

20. PRIVACY POLICY

The Company collects, processes and shares data with third parties, in accordance with its Privacy Policy, in order to provide, manage and complete delivery of Products and Services requested by You. The Company views the protection of Your privacy and information as a very important principle. Please view Our Privacy Policy, available at www.lilavatipharmacy.com/privacy-policy (“Privacy Policy”), to understand how the Company collects, processes, shares Your information and maintains data security practices in relation to Your information.

21. COMMUNICATIONS

You hereby expressly agree to receive communications by way of SMS, e-mails or any other mode from the 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 the Company through SMS and e-mail anytime by:

• Visiting lilavatipharmacy.comto unsubscribe from messages/ SMS; and
• Newsletters sent daily at the registered email address and by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.

22. GENERAL PROVISIONS

Notice: All notices of the Company will be served by email or by general notification on the Website. Any notice provided to the Company pursuant to the Terms should be sent to info@lilavatipharmacy.com

Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted here under to any third party. 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 Company of that provision or right.