Kindly go through these Terms and Conditions carefully and sincerely by reading the document or using this internet oriented platform, you are totally agree to be bound by the terms used herein and all other terms incorporated by reference. if you do not agree to all of these terms, do not use this platform..
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.
The domain named as www.Upharmai.com, is an internet based portal and Upharmai is a mobile application, which is owned and operated by Upharmai India Private Limited, a company incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Upharmai” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application both are collectively referred as the “Website”. Bearing the registered address at Upharmai, mukundapur Kolkata 700099).
For the purpose of these Terms of Service is a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Upharmai on the other Part
The Website is an online platform that facilitates users for online purchase of pharmaceutical products sold by various third party pharmacies and manufactures as well as medical consultancy services being offered by third party independent doctors and online advertisements of various sponsors advertising and marketing their own good and services .
1.CREATING AN ACCOUNT:
To use the features of the platform (e.g., ordering Products, posting rating/reviews), you must set up an account with us You have to go through the registration process . As part of the registration process, Upharmai may collect the following personal information from You:
Address (including country and ZIP/ postal code);
Password chosen by the User;
Valid financial account information; and
Other details as You may volunteer.
You agree and warrant that the information you submit during registration is provided by you and that information is accurate, truthful, current and complete information when creating Your account .
Your user Account username and password are personal to you. You have to maintain the security of Your account by not sharing Your password with others . you are only responsible for all the activities that occur under Your account and accept all risk of unauthorized access
upharmai will not be liable for any loss or damages
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.
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 for any money offered by them .
While using this platform, you will go through having some receiving calls, auto-dialled or pre-recorded messages or calls, from our site at any time with the use of the telephone number that has been provided by you for the use of this platform
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.
All your transactions are secure when you place an order online at upharmai . 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 Platform is available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act 9,( persons including minors, un-discharged insolvents etc) . are not eligible to register or use or access Of the website Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members
6. PRICE AND PAYMENT:
The installation and use of this Platform is now free of cost . You should understand that this free policy maybe amended at any time . However, in the event, you use the Platform to choose a Doctor and book an appointment, you have to pay for the consultation service .
While availing any of the payment methods available on the platform, We will not be responsible or liable , in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction(s), or Exceeding the preset limit mutually agreed by you and between ‘Bank(s)’, or Any payment issues arising out of the transaction, or Decline of transaction for any other reason(s).
We make every needful effort to make sure that the pricing as well as availability of Products on our 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 errors and we reserve the right to cancel the sale any time .
We reserve the right to correct any inaccuracies or omissions related to pricing and product availability or details , even after you have submitted your order, and to change or update any other information at any time without prior notice.
Following are upharmai delivery charges, which are based on the order value.
Following are our delivery charges:
Delivery charges for ALL orders: Rs. 25 – FREE Delivery on Medicine orders of Rs. 499 or more Delivery times may vary depending on the delivery location as well as the type of product you order.
You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or Cash on Delivery.
Credit/Debit Card and Net Banking Payments are processed via our online payment service partners.
7. USE OF INFORMATION ON THE PLATFORM:
The information given on this platform 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 doctors.
upharmai does not endorse any views or opinions that may be included in the Platform Content, or other information provided through our platform . Your submission of questions or reviews on our Products does not constitute a professional relationship between you and upharmai.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
All information, Products and services available to you through this Website are provided by upharmai on an “as is” and “as available” basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website is at your sole risk.
upharmai assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this app
upharmai has exerted reasonable efforts to ensure that all information published on the Platform is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the
Platform at our sole discretion.
We accepts no responsibility for any loss or damage suffered due to your reliance on the product reviews posted by our Users.
We reserves the right to modify or withdraw any part of the platform or any of its content at any time without notice.
9. PLATFORM AVAILABILITY:
We take all reasonable care to ensure the availability of the Upharmai Platform 24 hours every day, 365 days per year. However, the Platform may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. We does not warrant uninterrupted access to this Platform or any linked platform. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Platform.
We cannot guarantee that your monitor’s display of any colour will be the same as the colour of the Products delivered to you.
We may let you view our information and communicate with us through the Social Media services such as Facebook, Instagram and Twitter. Upharmai accepts no responsibility for any loss or damage suffered due to your reliance on the product reviews posted by the Users.
Upharmai reserves the right to modify or withdraw any part of the website or any of its content at any time without notice.
10. TERMS OF SALE:
upharmai may or may not accept or decline any order placed by you any time .
Upharmai reserves the right to discontinue any program or offer on its Platform.
We reserve the right, without prior notice, to limit the order quantity of any Products available on Platform .
If you are the patient/parent/authorised person on behalf of the patient, you authorise and appoint the Pharmacy and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent the Pharmacy; and (b) packaging your prescriptions and delivering them to you. By making this purchase you hereby authorise us and/or its affiliates to ship the order by Post/courier to your designated location. This authorisation shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfillment of your order.
You agree to appoint an individual who shall act in the capacity of Your agent and collect the medicines as requested by You from Third Party Pharmacy on Your behalf (“User Agent”). You accept and acknowledge that the User Agent shall be responsible to collect the medicines ordered by You from the Third Party Pharmacy and to carry it to the address notified by You.
- PRESCRIPTION MEDICATION POLICY:
third party pharmacy, a fully licensed and regulated pharmacy, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
We will not allow to dispense any prescription medication without a valid prescription from a licensed physician.
If you are ordering prescription medication(s), you hereby confirm that you will send us a scanned copy of your valid prescription(s) via email, fax, Whatsapp, or by post, and this prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacists.
If our pharmacists have any questions or concerns about the prescription(s) you hereby authorize them to consult with an external network of doctors about the validity of the prescription.
The drug information provided in the app is for informative purposes only and this Platform is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Platform.
we requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from us.
At upharmai, a Caregiver can order prescription medicines on your behalf.
12. CANCELLATION, RETURN AND REFUND POLICY:
we do our best to ensure that you are completely satisfied with our products. And we are happy to issue a full refund based on the conditions listed below:
We request you that If the product which you have received is damaged, then do not accept the delivery of that product. In case after opening the package you discover that the product is damaged, the same may be returned for a refund. Please note that we cannot promise a replacement for all products as it will depend on the availability of the particular product, in such cases we will offer a refund
Full Refund Possible only If:
you received a defective item; or the ordered item(s) is lost or damaged during transit;or the ordered item(s) is past its expiry date.
Please note: Mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to 10 working days for the credit to appear in your account. While we regret any inconvenience caused by this time frame, it is the bank’s policy that delays the refund timing and we have no control over that. If the mode of refund is by credit should be available within 24 hours.
How to Request a Refund:
To request a refund, simply email us your order details, including the reason why you’re requesting a refund.
If you have any queries, do call our help desk at 8100441004, email us at email@example.com,
We do our best to ensure that the products you order are delivered according to your specifications. However, should you receive an incomplete order, damaged or incorrect product(s), please notify Upharmai Customer Support immediately or within 2 working days of receiving the products, to ensure prompt resolution. Please note that Upharmai will not accept liability for such delivery issues if you fail to notify us within 20 working days of receipt.
We also understand that various circumstances may arise leading you to want to return a product or products that are not defective. In these cases, we may allow the return of unopened, unused products after deducting a 20% restocking charge, ONLY if you notify us within 30 working days of receipt.
Return Policy Exceptions:
Please note that we are unable to offer replacements or exchanges for the following product categories: Injections, Health Monitor & Equipments and Ortho Support. Also, Upharmai reserves the right to refuse returns (or refunds) for certain products, as marked in the respective product pages as “Note: This item cannot be returned for a refund or exchange.”
13. CANCELLATION :
The Platform shall be only an intermediary connecting the User with the Doctor/registered medical practitioners of the service booked. Once the appointment has been made and a confirmation has been given to the User, the Company shall inform the Doctor/registered medical practitioners who shall render the consult at the agreed time, location and mode provided at the time of booking the service.
Once an appointment has made and it is confirmed at our end, no amount shall be refunded, in the event of a cancellation. However, in certain circumstances, the Company at its discretion shall permit a refund of the full or partial amount if the Doctor/registered medical practitioners becomes unavailable or if an alternative Doctor/registered medical practitioners is arranged to consult. The decision of the Company shall be final in such cases.
14. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS:
As per the Terms and Conditions of Upharmai , the Platform grants access to Users/Customers to view the content solely for visiting, ordering, and communicating only. All materials in this Platform, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Platform are copyrights and/or other intellectual properties owned by Upharmai India Private Limited. All other trademarks not owned by us that appear on this Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
You hereby agree that you will not reproduce, duplicate or copy the content of Upharmai for any purpose, unless you have been specifically permitted to do so in a separate agreement with this Platform.
15. USER INDEMNIFICATION:
You hereby agree to indemnify, defend, hold harmless Upharmai and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defenses.
16. APPLICABLE LAW AND JURISDICTION:
These Terms and Conditions and your use of this Platform and its content will be governed by and construed in all respects in accordance with the laws of India subject to the jurisdictional courts of Burdwan.
17. GRIEVANCE OFFICER
In the unlikely event that you are not satisfied with a Customer Service resolution, we invite you to escalate the issue to our Grievance Officer.
In accordance with Information Technology (Intermediaries Guidelines) Rules 2011 and The Consumer Protection (E-Commerce) Rules 2020, made there under, the and contact details of the Grievance Cell is firstname.lastname@example.org
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Upharmai reserves sole discretion to accept, edit or reject any and all materials you may send to us (collectively, “Submissions”) as part of the features in the App, including but not limited to, Ratings & Reviews, Ask Our Pharmacist Your Questions and Testimonials. Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy.
Upharmai shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
The User shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the upharmai platform.
Upharmai does not endorse and is not responsible for any Submissions on its Portal. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.
You agree that Upharmai, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to the platform at any time. You agree that any termination of your access to the Platform or suspension of your account may be effected without prior notice, and you agree that Upharmai shall not be liable to you for any such termination.
21. CHANGES TO THESE TERMS AND CONDITIONS:
We reserve the right to amend these terms and conditions from time to time without further notice to you. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the Platform. It is your responsibility to review the Upharmai Terms and Conditions regularly. Your continued use of the Platform following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.
We reserve the right to change these Terms of Service at any time without notice in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Platform after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Platform prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires us or any of their assets.
We hereby reserve the right to block usage of the Platform if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.
contact us for any questions or comments regarding these Terms and Conditions.Telephone number: 8100441004E-mail: email@example.com