Terms & Conditions
The following are the Terms and Conditions, read together with the
Privacy Policy, that govern your purchase and use of the products and services
(the "Products") from shuchitapharmacy.com, and constitute a legally
binding agreement, between you ("the Customer", the "User"
or "the Caregiver") and shuchitapharmacy.com, a fully licensed Pharmacy.
In terms of Information
Technology Act, 2000, this document is an electronic record. Being generated by
a computer system it does not require any physical or digital signatures.
This document is published in
accordance with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries Guidelines) Rules, 2011 that require publishing the rules and
regulations, privacy policy and Terms of Use for access or usage of https://www.shuchitapharmacy.com/
or the application ‘shuchitapharmacy - Aapki Pharmacy.
The domain name https://www.shuchitapharmacy.com/
(hereinafter referred to as ‘Website’) and the Mobile Application shuchitapharmacy - Aapki Pharmacy (hereinafter referred to as ‘App’) bearing the registered address
at 25/19 LIC Colony, Tagore Town, Allahabad 211002, Uttar Pradesh.
For the purpose of these
Terms of Service, wherever the context so requires the term ‘You’/ ‘User’ shall
mean any natural or legal person who has downloaded and installed this Mobile
Application (hereinafter referred to as ‘App’) and provided Registration Data
while registering on the App or by simply visiting the Website by entering the
domain name in any internet browser. Any services provided by the Website/App
which do not require registration do not absolve you of the contractual
relationship established by this Agreement.
Wherever the context
requires, the term ‘Doctor/registered medical practitioners’ shall mean any
person permitted to practice medicine by the MCI (Medical Council of India) or
any regional council for registration of Doctor/registered medical
practitioners duly authorized by the government who will be verified and
authenticated by us.
By downloading and installing
this App, you are bound by these Terms of Service and any other binding
document as decided by the Company. You are requested to read them carefully
before accepting the same and moving forward to using the App/Website.
By visiting, viewing,
accessing or otherwise using any of the services or information created,
collected, compiled or submitted to www.Shuchitaretail.com, you are deemed to
have agreed to all the following Terms and Conditions of Sale/Service. So,
before you use this Website/App, please read these Terms carefully as you agree
to be bound by them. If you do not accept these Terms and Conditions, please do
not use this App/Website.
1.CREATING AN ACCOUNT:
1.1 To use certain features
of the Website/App (e.g., ordering Products, posting rating/reviews, receiving Shuchitaretail
enewsletters), you must set up an account with Shuchitaretail.com ("Shuchitaretail
Account") and provide certain information about yourself as prompted by
the Customer Information form, including, your name, gender, email address,
account password, mobile phone number and billing/shipping address. All of your
registration information is protected by our Privacy Policy.
1.2 You represent and warrant
that the information you submit during registration is truthful and accurate
and that you will maintain the accuracy of such information.
1.3 Your Shuchitaretail
Account username and password are personal to you. You may not transfer your
account and you will be responsible for the activities associated with your Shuchitaretail
Account.
1.4 Shuchitaretail.com will
not be liable for any loss or damages as a result of your failure to maintain
the confidentiality of your account credentials. If you suspect any
unauthorised use of your Shuchitaretail account, you shall immediately notify Shuchitaretail.com.
1.5 It is your responsibility
to keep your email address up-to-date on your account setup at Shuchitaretail.com/app
so that we can communicate with you electronically.
1.6 By creating this account
you agree to receive transactional and/or promotional communications from us
via email, telephone, SMS and chat. If you, at any time, wish to discontinue
receiving communications from us, you agree to notify us by email.
2. PRIVACY POLICY:
2.1 Your personally
identifiable information will be used in accordance with our Privacy Policy. To
understand our practices, as to how we collect, use and disclose your
personally identifiable information, please refer our Privacy Policy, which
also governs your visit to Shuchitaretail.com.
2.2 We understand the privacy
of all information you provide is of a primary importance. This is why we do
everything possible to use it carefully and sensibly. This information is never
shared with other companies or third party service providers.
3. COMMUNICATIONS
By using this Website/App, it
is deemed that you have consented to receiving calls, auto-dialled and/or
pre-recorded messages or calls, from us at any time with the use of the
telephone number that has been provided by you for the use of this Website/App,
subject to the Privacy Policy. This includes contacting you through information
received through other parties as well as contacting other parties through the
information you provide to us. By using this Website/App, you—who has placed
orders with us, or has only signed up, or submitted your personal details in
any of our forms—also consent to receive transactional and/or promotional
emails/SMSs from us at any time we deem fit. This consent to be contacted is
for purposes that include and are not limited to clarification calls and marketing
and promotional calls. In case you wish to stop the contact with us for the
same, you may send us a mail to the effect at cs@Shuchitaretail.com.
You may also be contacted by
Service Providers with whom we have entered into a contract in furtherance of
our rights, duties and obligations under other agreements, contracts and
policies followed by us. Such contact will be made only in pursuance of the
respective contracts, agreements and/or policies.
The sharing of the
information provided by you will be governed by the Privacy Policy. We will not
give out your contact information to third parties not connected with the
Website/App and the services offered by it, and/or for any purpose not in
furtherance of the activities and aims of the Company. Please refer to the
'Privacy Policy' for more information.
4.SECURITY POLICY:
All your transactions are
secure when you place an order online at Shuchitaretail.com. Your personal
information is encrypted by using 256-bit Secure Sockets Layer (SSL) encryption
technology before being sent over the Internet, which ensures the privacy and
high level of security of all your information.
5. CUSTOMER
MEMBERSHIP/USAGE/ELIGIBILITY:
The membership/usage of the
Website/App is restricted to those above 18 years of age, or to such group that
can be termed to have attained 'majority' under the laws of the respective
jurisdictions where this Website/App can be seen and is accessible or to
emancipated minors, who possess legal parental or guardian consent, or are in a
position so as to be fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set
forth in these Terms of Service, and to abide by and comply with these Terms of
Service.
Membership cannot be availed
of by those who are deemed Incompetent to Contract under the Indian Contract
Act, 1872 subject to the aforementioned conditions.
Further, you are solely
responsible for protecting the confidentiality of your username and password
and any activity under the account will be deemed to have been done by you. In
the case that you provide us with false and inaccurate details or the Company
has reasonable reasons to believe you have done so, we hold the rights to
suspend your account and/or terminate this Agreement without any notice and
without being held liable for the same.
You understand the App
downloaded/or the website you use on to your phone or tablet is owned by us and
we may automatically upgrade the App/website and these Terms shall apply to the
upgrades as well. We reserve the right to terminate this agreement without any
notice and suspend the account without assigning any reason.
6. PRICE AND PAYMENT:
The installation and use of
this Website/App is free of cost and this includes only the usage of certain
services of the Website/App. You hereby understand that this no charge policy
maybe amended at anytime at the discretion of the Company. However, in the
event, you use the App/Website to choose a Doctor/registered medical
practitioners and book an appointment, you shall be required to pay for the
consultation. In case of video or phone consult, you shall be required to pay for
the consultation prior and in the case of clinic consult, the patient shall pay
the Doctor/registered medical practitioners after the consult.
For the purpose of this
section, Buyer would include any user choosing to use the services offered on
our App/Website. Seller means Us/Website/App/Company.
While availing any of the
payment methods available on the App/Website, We will not be responsible or
assume any liability, whatsoever in respect of any loss or damage arising
directly or indirectly to you due to:
i. Lack of authorization for
any transaction(s), or
ii. Exceeding the preset
limit mutually agreed by you and between ‘Bank(s)’, or
iii. Any payment issues
arising out of the transaction, or
iv. Decline of transaction
for any other reason(s).
All payments made against the
services on the App by you shall be compulsorily in Indian Rupees. The
Website/App will not facilitate transaction with respect to any other form of
currency with respect to the purchases made on Website/App.
6.1 All our product prices
include all applicable statutory taxes.
6.2 We make every effort to
make sure that the pricing and availability of Products on our Website/App is
accurate and up to date. However, rarely, there may be an error on the pricing
of a product or an error related to product availability. In such cases, we are
not responsible for any typographical errors and we reserve the right to cancel
the sale.
6.3 We reserve the right to
correct any inaccuracies or omissions related to pricing and product
availability/descriptions, even after you have submitted your order, and to
change or update any other information at any time without prior notice.
6.4 Following are Shuchitaretail.com delivery charges, which are based on the order value.
6.5 Delivery times may vary
depending on the delivery location as well as the type of product you order.
6.6 You can make the payment
via any one of the following methods of payment: Credit/Debit Card, Net Banking
or Cash on Delivery.
6.7 Credit/Debit Card and Net
Banking Payments are processed via our online payment service partners.
7. USE OF INFORMATION ON THE
WEBSITE/APP:
7.1 The information on this
Website/App is not a substitute for professional medical advice or treatment
for specific medical conditions. It is important that you do not make medical
decisions, and you should always seek the advice from qualified healthcare
professional with any questions you may have about your medical condition.
7.2 Shuchitaretail.com does
not endorse any views or opinions that may be included in the Website/App
Content, or other information provided through our Services. Your submission of
questions or reviews on our Products does not constitute a professional
relationship between you and Shuchitaretail.com.
8. THIRD PARTY INFORMATION:
The content on the
Website/App which includes all text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music, design documents,
and artwork is Our content (hereinafter referred to as ‘Content’). The
Website/App may contain links to/ content of third party websites that are not
associated with us. We have no control over any third party user generated
content as we are merely an intermediary for the purposes of those content. In
the event, if any of the Third Party Content infringes any Intellectual
Property of any person, the Third Party shall be solely responsible for any loss
caused and we shall not be liable. You may send as an email at cs@Shuchitaretail.comto
report any such content.
Other than that when
expressly allowed, any use of our Content and it being reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including "mirroring") to any other computer,
server, website or other medium for publication or distribution or for any
commercial enterprise, without our express prior written consent is not allowed.
9. USER CONTENT:
The content that you upload
or post will become our property and you grant us the worldwide, perpetual and
transferable rights in such Content. We shall be entitled to, consistent with
our Privacy Policy as adopted in accordance with applicable law, use the
Content or any of its elements for any type of use forever, including but not
limited to promotional and advertising purposes and in any media whether now
known or hereafter devised, including the creation of derivative works that may
include any content you provide and are not entitled to any payment or other
compensation for such use. You also grant us the right to sub-license these
rights, and the right to bring an action for infringement of these rights. We
reserve the right to edit or remove any material submitted to this Website/App,
or stored on our servers, or hosted or published upon this Website/App.
Those posting any form of
User content on the Website/App must verify the truthfulness and authenticity
of the particulars of the content, including the time, place and nature. Before
allowing such content to be posted on the Website/App, we have the right and
authority to verify the accuracy of such particulars related to the content
with the respective sources provided by the user posting such content, if we
feel that there is a need to check such accuracy. We have the right to upload content
on behalf of third parties, subsequent to collecting such information and
verifying it if we deem it necessary. Notwithstanding this, we can in no way be
held liable for any false or misleading information.
In case any content is
considered to be unlawful or against the law within any jurisdiction in which
our Website/App can be seen and accessed, it shall be removed forthwith by us
on being intimated by the authorities of the respective jurisdiction that such
content is deemed unlawful. We cannot be held liable or questioned for the same.
10. USER OBLIGATIONS:
You are a restricted user of
this Website/App.
10.1. You are bound not to
cut, copy, distribute, modify, recreate, reverse engineer, distribute,
disseminate, post, publish or create derivative works from, transfer, or sell
any information or software obtained from the Website/App. With our prior
permission limited use may be allowed. For the removal of doubt, it is
clarified that unlimited or wholesale reproduction, copying of the content for
commercial or non-commercial purposes and unwarranted modification of data and
information within the content of the Website/App is not permitted. You shall
not, nor allow third parties on your behalf to (i) make and distribute copies
of the Website/App (ii) attempt to copy, reproduce, alter, modify, reverse
engineer, disassemble, decompile, transfer, exchange or translate the
Website/App; or (iii) create derivative works of the Website/App of any kind
whatsoever.
10.2. You agree not to access
(or attempt to access) the App and/or the materials or Services by any means
other than through the interface that is provided by the Website/App. The use
of deep-link, robot, spider or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the App or Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Website/App,
materials or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not specifically made available
through the Website/App. You acknowledge and agree that by accessing or using
the Website/App or Services, you may be exposed to content from other users
that you may consider offensive, indecent or otherwise objectionable. We
disclaim all liabilities arising in relation to such offensive content on the
Website/App. Further, you may report such offensive content by sending us an
e-mail to our official e-mail address.
10.3. This Website/App by
nature allows you to upload information; you undertake to ensure that such
material is in accordance with applicable laws. Further, you undertake not to:
a) Abuse, harass, threaten,
defame, disillusion, erode, abrogate, demean or otherwise violate the legal
rights of others;
b) Engage in any activity
that interferes with or disrupts access to the Website/App or the Services (or
the servers and networks which are connected to the Website/App);
c) Impersonate any person or entity,
or falsely state or otherwise misrepresent your affiliation with a person or
entity;
d) Publish, post,
disseminate, any information which is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, paedophilic, libellous, invasive of
another's privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful in
any manner whatsoever; or unlawfully threatening or unlawfully harassing
including but not limited to "indecent representation of women"
within the meaning of the Indecent Representation of Women (Prohibition) Act,
1986;
e) Post any file that
infringes the copyright, patent or trademark of other legal entities.
f) Upload or distribute files
that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of the Website/App or another's computer;
g) Download any file posted
by another user of a Service that you know, or reasonably should know, cannot
be legally distributed in such manner;
h) Probe, scan or test the
vulnerability of the Website/App or any network connected to the Website/App,
nor breach the security or authentication measures on the Website/App or any
network connected to the Website/App. You may not reverse look-up, trace or
seek to trace any information on any other user, of or visitor to, the
Website/App, or any other customer of the Website/App, including any account
not owned by you, to its source, or exploit the Website/App or Service or
information made available or offered by or through the Website/App, in any way
whether or not the purpose is to reveal any information, including but not
limited to personal identification information, other than your own
information, as provided for by the Website/App;
i) Disrupt or interfere with
the security of, or otherwise cause harm to, the Website/App, systems
resources, accounts, passwords, servers or networks connected to or accessible
through the Website/App or any affiliated or linked sites;
j) Collect or store data
about other users in connection with the prohibited conduct and activities set
forth in this Section.
k) Use the Website/App or any
material or Content for any purpose that is unlawful or prohibited by these
Terms of Service, or to solicit the performance of any illegal activity or
other activity which infringes the rights of this Website/App or other third
parties;
l) Violate any code of
conduct or other guidelines, which may be applicable for or to any particular
Service;
m) Violate any applicable
laws or regulations for the time being in force within or outside India;
n) Violate the Terms of
Service including but not limited to any applicable Additional Terms of the
Website/App contained herein or elsewhere;
o) Violate any code of
conduct or other guidelines, which may be applicable for or to any particular
Service;
p) Threaten the unity,
integrity, defence, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is insulting any
other nation.
q) Publish, post, disseminate
information that is false, inaccurate or misleading; violate any applicable
laws or regulations for the time being in force in or outside India;
r) Directly or indirectly,
offer, attempt to offer, trade or attempt to trade in any item, the dealing of
which is prohibited or restricted in any manner under the provisions of any
applicable law, rule, regulation or guideline for the time being in force.
s) Create liability for us or
cause us to lose (in whole or in part) the services of our internet service
provider ("ISPs") or other suppliers;
While we shall not be held
liable or answerable to Users for any such acts on your part, violation of this
clause would lead to potential criminal legal action against you, either by
other Users of the Website/App or by us.
We can (and You hereby
expressly authorize Us to) disclose any information about you to law
enforcement or other government officials, as we, in our sole discretion,
believe necessary or appropriate in connection with the investigation and/or
resolution of possible crimes, especially those that may involve personal
injury. You understand that we have the right at all times to disclose any information
(including the identity of the persons providing information or materials on
the Website/App) as necessary to satisfy any law, regulation or valid
governmental request. This may include, without limitation, disclosure of the
information in connection with investigation of alleged illegal activity or
solicitation of illegal activity or in response to a lawful court order or
subpoena.
We have no obligation, to monitor the material posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the App. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other r