TERMS & CONDITIONS

This document (“Terms”) constitutes an electronic record as per the provisions of the Information Technology Act, 2000, and its relevant rules, as well as any amendments concerning electronic records made therein. Generated by a computer system, this electronic record does not necessitate any physical or digital signatures.

The publication of this document complies with Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021. This rule mandates the publication of rules and regulations, privacy policy, and Terms for accessing or utilizing the www.mygenericmeds.co.in website and its mobile applications.

1. GENERAL

www.mygenericmeds.co.in serves as an internet-based portal, while the mobile application “mygenericmeds” (to be made available in the future) collectively referred to as the “Website,” is operated and maintained by “M/S SP Enterprises” (hereinafter referred to as the “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013, with its registered address at H.No:10-11-176, Renuka Nagar, Varni Road, Nizamabad, Telangana-503001.

For the purpose of these Terms, wherever context requires, “You,” “Your” or “User” shall denote 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.

The use of the Website is extended to You on the condition of accepting all the terms, conditions, and notices outlined in these Terms, including applicable policies incorporated herein by reference. Any amendments or modifications made from time to time by the Company at its sole discretion and posted on the Website, including the imposition of additional charges for access to or use of a service(s), are also binding.

The Company retains the right to alter or amend these Terms, as well as any policy or guideline of the Website, including the Privacy Policy, at its discretion and at any time. Any modifications or changes will become effective immediately upon their posting on the Website, and You hereby waive any entitlement to specific notice regarding such alterations or modifications. However, We will notify You of such changes within the timelines specified by applicable laws. Your continued utilization of the Website confirms Your acceptance of such modifications or changes. Therefore, it is advisable to regularly review these Terms and applicable policies to comprehend the terms and conditions governing Your use of the Website.

By (i) utilizing this Website or any of its facilities or services; or (ii) merely browsing the Website, You acknowledge that You have read, understood, and consented to be bound, including but not limited to, by these Terms, the Website’s Privacy Policy, and any other rules, guidelines, policies, terms, and conditions relevant under the applicable law(s) in India and other jurisdictions, for the purpose of accessing, browsing, or transacting on the Website, or availing any of the Services. 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 operates and provides services in compliance with Indian laws, and the Company shall not be liable for delivering any Products or providing any Services purchased by You outside India. If You access our services from locations outside India, You do so at Your own risk and are solely responsible for compliance with applicable local laws. By using the service, You authorize an individual to obtain products from third parties on Your behalf. Should You utilize 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 acts as a platform that facilitates, as an intermediary, online requisitions by Users for the purchase of medicines and wellness/health-related products and services offered by various registered third parties of the Company (“Products and Services”). The sale & purchase/transaction between the registered third parties and You, facilitated by Your requisition placed on the Website, shall be governed by these Terms. The Company is not and cannot be a party to or control in any manner any transaction between You and the third parties.

Technology Platform for Pharmaceutical Products :

The Website facilitates the purchase of drugs and other pharmaceutical products, nutraceutical products, and services (including Over the Counter (OTC) and wellness products) offered by third-party retail pharmacies (“Retail Pharmacies”). The Company and the Website solely provide hosting and technology intermediary services to You and persons browsing/visiting the Website. All items offered for sale on the Website, as well as content (including product descriptions, images, and the like) made available by the Retail Pharmacies, constitute third-party content and describe third-party products and services. The Company has no control over such third-party user-generated content, Products, or Services and does not originate or initiate the transmission or select the sender/recipient of the transmission or the information contained in such transmission. The authenticity, accuracy, or genuineness of the Products and Services made available by the Retail Pharmacies through the Website shall be the sole responsibility of the Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Products and Services facilitated through the Website. The Company does not provide any representation or warranty as to the legal title of the Products and Services offered for sale by the Retail Pharmacies on the Website. The right, title, claim, or interest in the products sold through the Website shall not vest with the Company, and the Company shall not have any obligations or liabilities in respect of any transactions on the Website.

The Company is not responsible for delayed performance, non-performance, or breach of contract entered into between You and the third party for the purchase and sale of goods or services offered by such Retail Pharmacies on the Website. The Company does not guarantee that the concerned Retail Pharmacies will perform any transaction concluded on the Website. The Company is not responsible for the Products and Services which are out of stock, back-ordered, or otherwise unavailable but were shown as available on the Website at the time of placement of Your order. Content: You agree and acknowledge that the respective Retail Pharmacies are exhibiting third-party content which includes a catalog of drugs/pharmaceutical products or services, and information relating to such drugs/pharmaceutical products or services, on the Website. The content available on the Website, including without limitation, text, copy, audio, video graphics, etc., is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the Retail Pharmacies on the Website or any professional medical advice, diagnosis, treatment, or recommendation of any kind. Furthermore, the Company shall not be responsible for ensuring that the content made available is not misleading and accurately describes the actual condition of the Products and Services. Also, You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity or accuracy of the information provided on the Website, and You must verify it yourself. The ranking of goods and services provided on the Platform is determined after the collection of ratings and feedback from the User, and the Company shall not be in any manner held responsible for the accuracy of the same. If Retail Pharmacies or Users find any incorrect information on the Website regarding such Retail Pharmacy, Products, or Services, they may contact the Company immediately for corrections. The Company shall not, in any event, be held responsible or liable for any damages arising out of such content by third parties.

Prescription Drugs:

To purchase drugs and pharmaceutical products requiring a valid prescription, You must upload a scanned copy of the valid prescription on the Website. Retail Pharmacies may dispense only the quantities specified in the prescription. The Retail Pharmacies will verify the prescription, and if any discrepancy is observed, they may cancel the order. Please note that the Company is not responsible for any delays in the delivery of Your order.

Suggestion of Alternates for Prescribed Drugs:

You acknowledge and accept that, as per applicable laws within India, an order for an alternate prescription drug will only be processed if: (i) a registered medical practitioner has permitted/approved/consented to the dispensation of any such equivalent generic drug containing a similar or substantially similar composition as the prescribed drug; (ii) or if the prescription lists the active pharmaceutical ingredient/salt names instead of a specific brand name, in which case the dispensation of such drug shall be certified and approved by a registered medical practitioner, and (iii) You have provided Your consent regarding such substitution. Any exchange between third-party registered medical practitioners, pharmacists, and You may be recorded and preserved by the Company for quality assurance, monitoring, verification of compliance with applicable laws, and value addition purposes. All such information exchange shall be processed in accordance with the Privacy Policy available on the Platform.

Invitation to Offer for Sale:

The listing of drugs and pharmaceutical products on the Website by Retail Pharmacies is an ‘invitation to offer for sale’ and not an ‘offer for sale’. Your placement of an order shall constitute an offer to enter into an agreement with the Retail Pharmacies. Post the offer, the Company may inform You of the details of the concerned Retail Pharmacy(s) who may undertake the sale, but such communication shall not be considered as an acceptance of Your offer. The acceptance of Your offer shall only occur after the validation/verification of the prescription by the Retail Pharmacy (for Prescription Drugs) and the confirmation of available stock (for prescription and other drugs/pharmaceutical products).

Transfer of Property and Completion of Sale:

Upon acceptance of Your offer by the concerned Retail Pharmacies, the Products and Services shall be dispensed at the pharmacy, and the property and title in the ordered Products and Services shall immediately transfer to You upon dispensation and invoice issuance. The sale of Products and Services is concluded at the Retail Pharmacy, and the invoice shall be issued by the Retail Pharmacy processing Your order.

Drug Delivery:

The Products and Services shall be delivered by the Retail Pharmacies or independent contractors. The courier/delivery personnel shall act as Your Agent for the delivery, with no control over the Products and Services and no additional obligations apart from standard delivery obligations and duty of care. The Company merely facilitates this service and assumes no liability or responsibility in this regard.

Diagnostics Services:

The Company facilitates Users to avail diagnostic test/package facilities offered by third-party labs through the Website. Labs are responsible for providing services to the Users, and the Company shall not be responsible for such services. The Company may suspend Labs’ or Users’ ability to use the Website at its discretion. The Company does not guarantee the correctness, completeness, or accuracy of the information provided by Labs or Users through the Website and shall have no liability in this regard.

Online Doctor Consultancy:

The Company facilitates the provision of healthcare products and services to Users. The terms “Your Physician,” “Your Doctor,” “Healthcare Provider,” or similar words on the Website refer to any registered medical practitioner (RMP) with whom the User has a doctor-patient relationship. Any consultation services availed through the Website are fulfilled by third-party RMPs available through third-party service providers. These third-party RMPs are not affiliated with the Company but provide their services to You with Your consent. The Company explicitly states that it does not provide telemedical consultation to Users. Content provided on the Website is for information purposes only and should not be relied upon as a substitute for professional medical advice. You acknowledge that third-party RMPs are independent contractors, and the Company shall not be liable for any advice or services provided by them. Your reliance on such third-party RMPs is at Your own risk, and the Company assumes no responsibility in this regard.

You agree and acknowledge that any e-prescription issued through online consultancy shall be issued by Your Doctor and in compliance with Indian laws. The Company acts only as an intermediary, and We assume no responsibility for the dispensation of medicines based on e-prescriptions. Reliance on information provided on the Website is at Your own risk, and You should always follow the advice of Your Doctor. The services are not for use in medical emergencies, and You should seek immediate medical assistance in such situations.

It is Your responsibility to ensure the accuracy of the information submitted, and the Company does not validate any information provided by You. The Company makes no warranty regarding the services’ uninterrupted, timely, secure, or error-free nature, including loss of data or service interruption caused by Company employees. The Company is not responsible for transmission errors or data corruption.

Online Doctor Service (ODS):

The Company provides services through the Platform, facilitating Users to avail personalized health condition or disease management support (called as “Online Doctor Service”, ODS) through third-party experts associated with us, including registered medical practitioners, nutritionists, or other specialists. The ODS aims to provide holistic health condition or disease management support to Users through Professionals, including diagnostics tests, counseling sessions, teleconsultations, and other health coaches. All educational content created with clinical oversight is provided by Medical Experts. The opinions, statements, and Consultations provided by Professionals through the Platform are solely their own and do not reflect the opinions of the Company.

The Company may connect You with Professionals based on information provided to us, but We do not recommend or endorse any specific tests, physicians, products, or procedures. The Company bears no responsibility for the advice provided by Professionals, who are solely responsible for their advice. Services provided through the Platform are for guidance purposes only and should not replace consultation with a Doctor. Records of exchanges between Professionals and Users may be accessed by the Company for quality control and support purposes, in accordance with the Privacy Policy. Your consent regarding data retention is required before signing up for the ODS. If You choose not to provide consent for recording calls or chat content containing personal information, the Company reserves the right to not facilitate such Services. Please refer to our Privacy Policy for more information on the storage, use, and protection of personal data included in prescriptions or consultations.

3. ELIGIBILITY OF USE

Use of the Website is only available to individuals who can form legally binding contracts under the Indian Contract Act, 1872. Individuals who are “incompetent to contract” as per the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the Website. The Products are also not available to Users suspended or removed from the Company’s system for any reason. If You do not meet the above qualification, You will not be permitted to requisition Products through the Website. By accessing and using this Website, You confirm that You are of legal age to form a binding contract and are not barred from entering into a contract under Indian laws. If You are under eighteen (18) years of age, You may use the services provided by the Website through Your legal guardian in accordance with applicable laws. The Company reserves the right to terminate Your membership and/or deny access to the Website if it is discovered that You are under the age of 18 years, without providing any reasons.

You are prohibited from having more than one active Account on the Website and from selling, trading, or transferring Your Account to another party.

4. USER ACCOUNT, PASSWORD, AND SECURITY

The Company will enable You to requisition Products and Services through the Website only if You have provided certain required User information and created an Account. This includes information such as name, user ID, email address, address, gender, age, phone number, password, and valid finance account information. You will be responsible for maintaining the confidentiality of Your Account Information and ensuring the security of Your Account. You must immediately notify the Company of any unauthorized use of Your Account or breach of security. The Company will not be liable for any loss or damage resulting from Your failure to comply with security measures.

You agree to comply with all applicable laws, rules, regulations, and guidelines, including the Telemedicine Practice Guidelines dated March 25, 2020. You must ensure that Your Account Information is accurate and up to date. Use of another User’s Account Information is prohibited. If You provide false or incomplete information, the Company reserves the right to suspend or terminate Your Account.

You confirm that You are the authorized holder of the credit card, payment instrument, or original Account used in transactions on the Website. The Company is not responsible for any financial loss resulting from misuse of Your ID/password/credit card number/Account details.

The Website uses temporary cookies for technical administration, research, and user administration. Authorized third parties may place or recognize cookies on Your browser for advertising or service optimization purposes, but personally identifiable information is not stored in cookies.

5. PRICING INFORMATION AND PAYMENT

The Company endeavors to offer You the most competitive prices for the Products available on the Website. Details regarding pricing for the purchase of Products are outlined in these Terms.

Additionally:

• All commercial terms such as price, delivery, and dispatch of Products and/or services are based on principal-to-principal bipartite contractual obligations between the User and third parties.
• Your relationship with the Company is intermediary, and by accepting these Terms, You acknowledge that the Company does not control or bear liability for the products or services listed/offered on its Website.
• Upon initiating a requisition on the Website, You enter into a legally binding contract with a third party to purchase the Products and/or Services.
• You must provide a copy of the prescription at the time of delivery for Products requiring a valid prescription, as per legal requirements.
• Notification of delivery or non-delivery must be made promptly through the appropriate Website features.
• Refunds are subject to the Company’s Refund and Return Policy and will be made in Indian Rupees.
• Company reserves the right to refuse orders from Users with a history of questionable charges or breaches of agreements.
• The Company is not liable for damages resulting from the non-processing or delay in processing of transactions.
• The Company acts as a facilitator and does not fall under the purview of the Food Safety and Standards Act, 2006; the Drugs and Cosmetics Act, 1940; or the National Medical Commission Act, 2019.
• Users agree to pay a nominal fee as specified.
• Payment details provided by Users are processed through banks/payment gateways/payment aggregators/third parties, and the Company is not liable for any loss or damage during this process.
• Subscription fees for Services can be paid online through available methods, and the Company is not responsible for any loss or damage during the payment process.
• Users are solely responsible for taxes, legal compliances, and statutory registrations.
• The Company implements security measures for payment transactions and handles confidential information as per its Privacy Policy.
• The Company reserves the right to modify the fee structure and shall communicate any changes on the Website.
• Disputes related to third-party services are to be settled directly between Users and the respective third parties, without involving 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 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 Product catalogues) accessed 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 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, 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, 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 not specifically made available through the Website.

By accessing or using the Website or Services, You may be exposed to content from other Users that You may find offensive, indecent, or objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content as prescribed herein. If the Website allows You to post and upload any material, You hereby undertake to ensure that such material is not offensive and complies with applicable laws. Further, You undertake not to:

– Host, display, upload, modify, publish, transmit, store, update, or share any information or user submissions that:

  – Belongs to another person without right;

  – Is objectionable or inconsistent with applicable laws;

  – Is harmful to children;

  – Infringes intellectual property rights;

  – Violates any law;

  – Deceives or misleads;

  – Threatens public order or health;

– Defame, abuse, harass, threaten, or violate the legal rights of others;

– Impersonate any person or entity;

– Publish, post, upload, distribute, or disseminate inappropriate, profane, defamatory, or unlawful material;

– Upload files containing viruses or corrupted software;

– Interfere with access to the Website or disrupt its operations;

– Attempt unauthorized access to any portion of the Website or other systems;

– Collect data about other users in connection with prohibited conduct;

– Use devices or software to interfere with the Website’s proper functioning;

– Use the Website for unlawful or prohibited purposes;

– Conduct surveys, contests, pyramid schemes, or chain letters;

– Download illegal files;

– Falsify or delete author attributions or legal notices;

– Violate any code of conduct or guidelines;

– Violate applicable laws or regulations;

– Violate the Terms or any applicable Additional Terms;

– Reverse engineer, modify, copy, distribute, transmit, display, reproduce, publish, or sell any information or software obtained from the Website.

Company is not obligated to monitor your communications. However, we reserve the right to review materials posted by you and to remove any materials at our sole discretion. We also reserve the right to terminate your access to any or all communication services provided by the Company at any time, without notice, for any reason whatsoever. Furthermore, we reserve the right to disclose any information as necessary to satisfy or comply with any applicable law, regulation, legal process, or governmental request. We may also edit, refuse to post, or remove any information or materials, in whole or in part, at our sole discretion. We do not control or endorse the content, messages, or information found in any communication service, and therefore, we specifically disclaim any liability or responsibility whatsoever with regard to the communication services and any actions resulting from your 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 suffered by the company, its affiliates, or its vendors) resulting from any such breach.

You agree and acknowledge that Company is not the owner of the Products listed on this Website. We are only facilitating the purchase of the Products by you from third parties by providing services to you. We 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 not to use the Website for illegal purposes. The information and Services provided shall not be used for any illegal purpose. 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. Any attempt to solicit login information from any other user or third party is a violation of these Terms and applicable law(s).

You agree and acknowledge that exchanges between third-party registered medical practitioners and you over telephone and e-prescriptions would be accessible to the Company for monitoring the quality of consultation. The consultation provided by the third-party registered medical practitioner shall be done via a secured recorded line.

If you believe that any content on the Website is objectionable or violates the Terms, please notify us immediately at [email protected]. We will make all reasonable endeavors to remove such objectionable content within a reasonable time.

By using the Company’s Services, you abide by these Terms, Privacy Policy, and any other Company Policy. The third-party registered medical practitioners may not have access to all your medical history, which might be critical to consult you. Therefore, the Services provided differ from diagnostic and treatment services typically decided by a physician. We strongly encourage you to consult an on-ground physician and share the third-party registered medical practitioners’ opinion with them. Additionally, by requesting a medical opinion through the Website, you acknowledge and agree to certain limitations and risks associated with the Services, including the provisional nature of the advice/information/opinion and the possibility of delays or breaches of privacy.

Subject to any applicable Additional Terms, Company grants you a personal, non-exclusive, revocable (upon notice from Company), non-transferable access to view, download, and print product catalogues or any other materials available on the Website, under the following conditions:

– 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, sell, rent, lease, license, or otherwise make the Product catalogues or any other materials available on the Website available to others.

– 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 specified above do not confer upon you any rights to the design, layout, or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Product catalogues or any other materials available on the Website shall not be copied or retransmitted unless expressly permitted by Company. Any software available on the Website is the property of Company or third parties. You may not use, download, or install any software available on the Website unless otherwise expressly permitted by these Terms or by the express written permission of Company.

Any purchase of merchandise or Services from the Website will be strictly for your personal use. You agree that any merchandise or Services purchased by you will not be sold, resold, bartered, or used for any commercial purposes or for profit. You acknowledge that the Services or merchandise purchased are not transferable to any third party for profit.

You are solely responsible for maintaining the necessary computer equipment and internet connections required to access, use, and transact on the Website. You agree to use the Website for reasonable and lawful purposes only, and you shall not engage in any activity not envisaged through the Website. The Website, including any vouchers/coupons purchased through it, shall be used for personal, non-commercial use only, and you shall not resell the same to any other person. Once you subscribe to the Website, you shall use the prescription exclusively to purchase medicines via the Website and shall not use the same prescription to fulfill the medicine requirement from other retailers unless the medicines are not supplied for any reason via the Website’s partner third parties.

The Website, its processes, and their selection and arrangement, including all text, graphics, user interfaces, visual interfaces, sounds, music (if any), artwork, and computer code (collectively, the “Content”) are owned and controlled by Company. The design, structure, selection, coordination, expression, look and feel, and arrangement of such Content are protected by copyright, patent, trademark laws, and various other intellectual property rights.

The trademarks, logos, and service marks displayed on the Website (“Marks”) are the property of Company or their third-party partners or respective third parties. You are not permitted to use the Marks without the prior consent of Company and/or the relevant third parties that may own the Marks. Company owns all intellectual property rights in and to the trademark “mygenericmeds.co.in”, domain name “www.mygenericmeds.co.in”, and the Website, including copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, you shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any Content through any medium without obtaining the necessary authorization from Company or third-party owner of such Content.

A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by:

• Visiting mygenericmeds.co.in to contact us for the same or by sending an email to [email protected] requesting the same 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.

7. RETURN, REFUND, CANCELLATION, AND SHIPPING CHARGES:

We extend return and refund services for the products and Services ordered through the Website, subject to additional terms and conditions outlined in our cancellation, shipping charges, returns, and refund policy (“Return and Refund Policy”). This policy is an integral component of these Terms, and Users are advised to thoroughly review its contents.

8. ADVERTISEMENTS

As part of our Services, we may facilitate and permit third-party advertisers (“Third Party Advertisers”) to display advertisements on the Website.

For Users: The Website clearly distinguishes between editorial content and content provided by Third Party Advertisers. While our in-house editorial staff does not review this content, it remains subject to applicable laws, these Terms, and the Privacy Policy.

For Third Party Advertisers: Third Party Advertisers must ensure honesty about the products or services their advertisements promote. Advertisements must avoid creating unrealistic expectations, misleading information, or offensive content, and must adhere to the highest standards without compromising consumer protection.

General Rules: The Company reserves the right, without prior notice to Third Party Advertisers, to (i) upgrade, update, change, modify, or improve the Website or any part thereof, and (ii) amend the content of the Advertising Policy and/or these Terms and/or the Privacy Policy. Third Party Advertisers are responsible for reviewing these terms periodically. We may alter or remove any content from the Website without notice or liability. Third Party Advertisers must ensure their advertisements comply with all applicable laws, industry codes, rules, and regulations. We disclaim liability arising from Third Party Advertiser advertisements.

The Company reserves the right to reject or remove any advertisement at its sole discretion. Further, the Company may request modifications to advertisements and require factual substantiation for any claims made therein.

9. EDITORIAL POLICY

As part of our Services, the Website provides editorial content aimed at the public for informational purposes only. This editorial content does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind.

10. DISCLAIMER OF WARRANTIES AND LIABILITIES

You expressly understand and agree that 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. We make no warranty that the Website or services will meet your requirements or be uninterrupted, timely, secure, or error-free. We disclaim liability related to user content and will not be liable for any loss incurred due to unauthorized use of Your Account. We do not warrant the quality, accuracy, or completeness of any data, information, product, or service. We are not responsible for non-availability of the Website during maintenance or technical issues. You download material from the Website at your own risk and are solely responsible for any resulting damage to your computer systems. We accept no liability for errors or omissions in any information provided, and we disclaim liability for third-party products or services. Your use of the Website is at your own risk.

You agree to indemnify, defend, and hold harmless Company, including 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) asserted against or incurred by Company arising out of, resulting from, or related to any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by you pursuant to these Terms. Additionally, you agree to indemnify Company against any claims made by any third party due to, 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 the contrary, Company’s entire liability to you under these Terms or otherwise shall be limited to the extent of refunding the money charged from you for any specific voucher, product, or service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners, or suppliers be liable to you, the vendor, or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website, services, or materials. 

Company is not responsible for any non-performance or breach of any contract entered into between users and third-party service providers. Company cannot and does not guarantee that the concerned users and/or third-party service providers will perform any transactions that are entered into on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between users and third-party service providers. 

You acknowledge that Company does not, at any point during any transaction between users and third-party service providers on the Website, come into or take possession of any of the products or services offered by third-party service providers, nor does it gain title to or have any rights or claims over the products or services offered by third-party service providers to users. 

At no time shall Company hold any right, title, or interest over the products, nor shall Company have any obligations or liabilities in respect of such contracts entered into between users and third-party service providers. Company is not responsible for any unsatisfactory or delayed performance of services or damages or delays resulting from products that are out of stock, unavailable, or back-ordered. 

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access if it determines that you have violated these Terms or Additional Terms. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to Company, for which monetary damages would be inadequate. In such circumstances, you consent to Company obtaining any injunctive or equitable relief that it deems necessary or appropriate. These remedies are in addition to any other remedies Company may have at law or in equity. 

You further agree that Company may, in its sole discretion and without prior notice, terminate your access to the Website for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through it; or (4) unexpected technical issues or problems. If Company takes any legal action against you as a result of your violation of these Terms, you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company.

11. Termination

11.1. Termination by You: You may terminate this Agreement at any time by:

(a) Ceasing access to the Website; or (b) Closing your accounts for all services offered by the Company, where available.

11.2. Termination by the Company: The Company may terminate this Agreement, in whole or in part, with or without notice, for any of the following reasons:

(a) You breach any provision of this Agreement, the Privacy Policy, or any other applicable terms and conditions; (b) The Company is required to do so by law; (c) The provision of services to you is no longer commercially viable in the Company’s sole discretion; (d) The Company discontinues access to the Website or services, with or without reason.

11.3. Consequences of Termination: Upon termination, the Company may:

(a) Remove your access to all Website offerings and services; (b) Delete your account information, including personal information, login credentials, and related data; (c) Bar you from further use of the Website and services.

11.4. Survival: This Agreement shall survive termination to the extent necessary to enforce its surviving provisions.

12. Governing Law and Dispute Resolution

12.1. Governing Law: This Agreement and all transactions conducted on the Website shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

12.2. Dispute Resolution: Any claim, dispute, or controversy arising out of or relating to this Agreement, the Website, or any transactions conducted thereon, shall be subject to the exclusive jurisdiction of the courts of Hyderabad, India. You hereby submit to the jurisdiction of such courts and waive any objection to such jurisdiction.

13. Report Abuse / Grievance Redressal

If you encounter any abuse or violation of this Agreement, objectionable content on the Website, or have any concerns or grievances, please contact the Company’s customer support team at [email protected] Or +91 9493211961. The Company will make reasonable efforts to resolve the issue.

14. Modifications

The Company may modify this Agreement at any time by posting the revised Agreement on the Website. Your continued use of the Website after such posting constitutes your acceptance of the revised Agreement.