Terms & Conditions
General
www.hindustandawai.com, is an internet-based portal and “Hindusta Dawai”, a mobile application, (hereinafter together be referred to as “Website”) is run, operated, and maintained by System Two Solutions Private Limited (hereinafter to be referred to 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 SHOP NO. A-45, OLD MEDICAL COMPLEX, RAJBANDHA MAIDAN, RAIPUR, Raipur, Chhattisgarh, 492000
1. Terms of Use / TERMS & CONDITIONS
1.1. Please carefully go through the below mentioned terms of use (“Terms”) and the privacy policy (“Privacy Policy”) available at Terms Of Use & Privacy Policy section
1.2. before you decide to access the Website or avail the Services (as defined hereinafter) made available on the Website.
1.3. The User’s access or use of the Website, transactions on the Website, and use of Services hosted or managed remotely through the Website are governed by the Terms, including the applicable policies which are incorporated herein by way of reference.
2. Binding Agreement
2.1 The Terms and the Privacy Policy together constitute a legal agreement between the User and the Company in connection with the Users visit to the Website and use of the Services (as defined below) (“Agreement”).
2.2 The use of and access to the Website and availing of the Services is conditional upon the Users acceptance of this Agreement. If the Users do not accept or agree to the Terms in totality, the Users are requested to discontinue the use of the Website and the Services. By availing of the Services provided on the Website, the Users are deemed to have accepted the Terms in totality.
3. Use of the Website and Services
3.1 By accessing, browsing or in any way transacting on the Website, or availing any Services, the Users signify their agreement to be bound by the Terms. Further, by impliedly or expressly accepting these Terms, the Users also accept and agree to be bound by the Company’s policies, including its Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are applicable 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 the Terms. However, if the User navigates away from the Website to a third party site, the User may be subject to alternative terms and conditions of use, as may be specified on such third party site. In such an event, the terms and conditions of use applicable to that site will govern your use of that site.
3.2 The User agrees and acknowledges that the Website is a platform that the Users and the Service Providers utilize to meet and interact with one another for their transactions. The Company is not and cannot be a party to, or save as except as may be provided in this document, control in any manner, any transaction between the Users and the Service Providers.
3.3 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 the User waives any right that the User may have to receive specific notice of such changes or modifications. The continued use of the Website by the User will confirm the User’s acceptance of such changes or modifications; therefore, the User should frequently review these Terms and the applicable policies to understand the terms and conditions that apply to the use of the Website.
3.4 The Company authorizes the User to view and access the content available on the Website solely for the purposes of availing the Services only as per the Terms. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively referred to hereinafter as, “Website Content”), are the property of the Company and are protected under copyright, trademark and other laws. The User shall not modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose or for personal gain.
3.5 Compliance with the Terms would entitle the User to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
3.6 These Terms constitute an electronic record in terms of the Information Technology Act, 2000 and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
3.7 The Services are offered to the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various Services offered by the Service Providers.
3.8 The Terms are published in compliance of, and are governed by the provisions of Indian law, including but not limited to: (a) The Indian Contract Act, 1872 (“Contract Act”); (b) The (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”); (c) The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”); (d) The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; (e) The Consumer Protection Act, 1986; and (f) Such other Laws that are applicable to the Services provided through the Website.
4. Services
4.1 The Website facilitates the following services: (a) locating and evaluating prospective registered medical practitioners (“Medical Practitioner(s)”) and health care providers such as physiotherapists, home nursing, yoga instructors, diet planners, and fitness trainers (“Health Care Provider(s)”) [in designated locations] (“Health Care Services”). The Medical Practitioners and the Health Care Providers shall hereinafter be collectively referred to as the “ Practitioners”; (b) Purchase of pharmaceutical products for sale by various relevant pharmacies (” Pharmaceutical Product Seller (s) “). The purchase of pharmaceutical products for sale by pharmaceutical product sellers shall hereinafter be referred to as ” Pharmaceutical Product Services “; and (c) Sale and purchase of other products by various sellers (” Other Products Sellers “) displayed and/or listed on the Website (” Other Products Services “).
4.2 The Services shall be provided in good faith.
5. Eligibility
5.1 For the purposes of transacting with the service providers through the Website, the users are required to obtain registration in accordance with the procedure established by the Company in this regard. As part of the registration process, the company may collect the following personal information from users: (a) Name; (b) Username; (c) Electronic mail address (email) (d) Address (including country and ZIP/ postal code); (e) Gender; (f) Age; (g) Telephone number; (h) The user-specified password; (i)Accurate financial account information (j) Medical records and/or prescriptions (k)Current location, i.e., the user’s location while using the Website; (l) The preference, if any; and (m) Any additional information provided by the user
5.2 The registration on or use/access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, individuals, including minors and un-discharged insolvents, are ineligible to register on, use, or access the Website.
5.3 By registering, accessing, or using the Website, the User accepts the Terms in totality and represents and warrants to the Company that the User is “competent to contract” under the Contract Act and has the right, authority, and capacity to use the Website and agrees to abide by the Terms.
5.4 A registered ID can only be utilized by the person whose details have been provided. The company does not permit multiple people to share a single log-in/registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound minds, would be permitted to access and use the Website for the purposes of availing services on behalf of such persons.
5.5 The Users agree and acknowledge that they would: (a) create only one account; (b) Provide accurate, truthful, up-to-date, and complete information when creating an account and in all interactions with the Website; (c) Keep track of and promptly update account information (d) Keep their account secure by not sharing their password with others and restricting access to their account and computer; (e) Notify the Company immediately if they discover or suspect any security breaches relating to the Website; and (f) Take responsibility for all activities that occur under their account and accept all risks of unauthorized access.
6. Privacy Policy
The Company has duly formulated a Privacy Policy on how the Company collects, uses, and discloses personally identifiable information from its Users. The Privacy Policy forms an integral part of the Terms and the Users are requested to carefully read the same.
7. Health Care Service, Diagnostic Test Service and Use of the Website
7.1 Appointment, Booking, and Interaction with Service Providers (Except Pharmaceutical Product Sellers and Other Products Sellers) (a) The Company offers value-added telephonic services that connect users directly to service providers, and the information exchanged between users and service providers is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the user whether to avail the service. If a user has used the telephony service, the company reserves the right to share the contact details of the user with the service provider that was contacted. (b) The User acknowledges and agrees that all interactions with Service Providers, including but not limited to health issues and experiences, are solely between the User and the Service Provider. The user shall not hold the company liable for any such interactions or issues. For the avoidance of doubt, the company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the user and the service provider pursuant to any interactions on the Website. If the user decides to engage with a service provider, the user shall do so at the user’s own risk. The results of any search for a service provider performed by users on the Website should not be interpreted as an endorsement by the company of any such specific service provider. The Company shall not be liable for any breach of service or deficiency in service provided by any service provider. The company cannot assure nor guarantee the ability or intent of the service provider to fulfil their obligations towards the users. The company advises users to carry out their own investigation prior to selecting a service provider. (c) Without prejudice to the generality of the above, the Company will not be liable for: (i) Any wrong medication or treatment quality being given by the Service Provider or any medical negligence on part of the Service Provider; (ii) Any type of inconvenience suffered by the User due to a failure on the part of the Service Provider to provide agreed services or to make himself/ herself available at the appointed time, no show by the Service Provider, inappropriate treatment, or similar difficulties; (iii) Any misconduct or inappropriate behaviour by the Service Provider or its staff; (iv) Any medical eventualities that might occur subsequent to using the services of a service provider whom the user has selected on the basis of the information available on the website or with whom the User has booked an appointment through the website. (d)Furthermore, the Company shall in no event be liable for any comments or feedback provided by any of the users in relation to the services provided by the Service Provider. All such feedback should be made in accordance with the applicable law. The option of Users to give feedback remains at the company’s sole discretion and may be modified or withdrawn at its sole discretion. The company may moderate such feedback at any time. The Company shall not be obliged to act in any manner to give effect to the content of users’ feedback, such as suggestions for delisting of a particular service provider from the Website.
7.2 No Doctor – Patient Relationship between the User and the Company (a) Please note that some of the content, text, data, graphics, images, information, suggestions, guidance and other material (collectively, “information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such information does not create a licensed medical professional/patient relationship between the company and the user and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist the user with locating appropriate medical care from a qualified service provider. (b) It is hereby expressly clarified that the information that the users obtain or receive from the company and its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise on the website is for informational purposes only. The company makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise, or other information provided on the Website. The Company will not be liable to the User or anyone else for any decision made or action taken by the User in reliance on such information.
7.3 Terms of Use for Health Care Service (a) Listing Policy (i) The Company, directly and indirectly, collects information regarding the Service Providers’ profiles, contact details, and practices and publishes these details on the Website. At a Service Provider’s request, the Company may take down any part of such Service Provider’s profile on the Website; provided, however, that the Company shall at no time be under any obligation to take down publicly available information about a Service Provider, his/her profile, contact details, and/or practice. All information regarding the Service Providers’ profiles, contact details, and practices is collected for the purpose of facilitating interaction between and among users, members of the public, and Service Providers. If any information displayed on the Website in connection with the Service Providers and their profiles is found to be incorrect, Service Providers are required to inform the company immediately to enable the company to make the necessary amendments. (ii) The Company is not liable or responsible for the Service Providers’ rankings on external websites or search engines. (iii) The Company shall not be responsible or liable to the Service Providers in any way for any losses, damage, injuries, or expenses incurred as a result of any disclosures or publications made by the Company, where the Service Providers have expressly or implicitly consented to the Company making disclosures or publications. If the service provider has revoked such consent under the terms of the Privacy Policy, the company shall not be responsible or liable to the service provider in any way for any losses, damage, injuries, or expenses incurred as a result of any disclosures made by the company prior to its actual receipt of such revocation. (iv) The Company reserves the right to moderate feedback from Service Providers and to remove any abusive, inappropriate, or promotional content added to the Website. The Company will not be held liable if any inactive, inaccurate, fraudulent, or non-existent service provider profiles are added to the Website. (v) The Company reserves the right to publish the Service Providers’ information to a third party, subject to prior explicit and informed consent from the Service Providers. (vi) When a service provider is listed on the Website, users may see a “show number” option. When the users choose this option, they choose to call the service provider’s number through a free telephony service provided by the company, and the records of such calls are recorded and stored on the company’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such a call facility provided to users and to the service provider by the company should be used only for appointment and booking purposes and not for consultation on health-related issues. The company accepts no liability if the call facility is not used in accordance with the foregoing. (vii) The Service Providers hereby represent and warrant that the Services will be used in accordance with applicable law. Any contravention of applicable law as a result of the use of these services is the sole responsibility of the service provider, and the company accepts no liability for the same. (b) Profile Ownership and Editing Rights The company ensures easy access to the service providers by providing a tool to update their profile information. The Company reserves the right to ownership of all the Service Provider’s profiles and photographs and to moderate the changes or updates requested by Service Providers. However, the company takes the independent decision on whether to publish or reject the requests submitted for the respective changes or updates. The Service Providers hereby represent and warrant that they are fully entitled under law to upload all content uploaded by the Service Provider as part of their profile or otherwise while using the Company’s services and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, the company may modify or delete parts of the service provider’s profile information at its sole discretion with or without notice to you. Company Display Rights for Reviews and Feedback (i) All critical content is content created by the users of the Website and the clients or company’s customers and service providers, including the end-users. As a platform, the company does not take responsibility for critical content and its role with respect to critical content is restricted to that of an “intermediary” under the Information Technology Act, 2000. (ii) The Company reserves the right to gather feedback and critical content from all service providers listed on the Website. (iii) Except as required by applicable law, the Company shall have no obligation to pre- screen, review, flag, filter, modify, refuse, or remove any or all critical content from any service. (iv) Service Providers acknowledge that by using the Website, they may be exposed to critical content or other content that they find offensive or objectionable. The Company shall not be liable for any effect on the Service Provider’s business due to critical content of a negative nature. In these respects, the service providers may use the service at their own risk. The company, however, as an ‘intermediary’, takes steps as required to comply with applicable law as regards the publication of critical content. (v) The Company will remove information in accordance with applicable law and will under no circumstances be liable or responsible for critical content created by users. The principles set out in relation to third-party content in the terms of service for the Website shall be applicable mutatis mutandis in relation to critical content posted on the Website. (vi) If the company determines that the service provider has provided inaccurate information or enabled fraudulent feedback, the company reserves the right to immediately suspend any of their accounts and make such a declaration on the Website alongside their name or their clinic name as determined by the company for the protection of its business and in the interests of users. The service provider shall be liable to indemnify the company for any losses incurred as a result of its misrepresentations or fraudulent feedback that has adversely affected the company, the website, or its users. (d) Independent Services The Users use of each Service confers upon them only the rights and obligations relating to such Service, and not to any other service that may be provided by the Company.
7.4 General (a) In accordance with an agreement between the Service Provider and the Company, the Service Provider shall pay a fee to the Company for using the Website’s services. The company reserves the right to revise the fee terms at any time at its discretion. The Service Provider’s continued use of the services of the Website shall constitute his/her consent to such revision. (b) The Service Provider agrees to use the Website only for the purposes specified in these terms and not for any unauthorized or unlawful purpose, including impersonating another person. (c) The service provider hereby represents and warrants that he/she is qualified to provide medical services on Indian territory, that he/she has obtained all necessary licenses to provide medical services, and that he/she has not committed any act or omission that could jeopardize its continuation or renewal, and that he/she has provided the company with true, accurate, complete, and up-to-date details about their qualifications and credentials. (i) is qualified to provide medical services within the territory of India; (d) The Service Provider agrees to follow all applicable medical regulations, including the code of professional ethics as prescribed by applicable laws, at all times. (e) The service providers must renew their licenses to provide medical services on-time and notify the company. (d) The Service Provider agrees that he/she/it shall at all times abide by the applicable medical regulations including the code of professional ethics as prescribed under applicable laws. (e) The Service Providers shall promptly renew their licenses required to provide medical services and notify the Company about the same. (f) The Company reserves the right to terminate any Service Provider account if the Service Provider violates any of the Terms, Privacy Policy, or applicable laws. The Company is unable to verify or authenticate any information provided by the Service Provider or the Company believes, in its sole and absolute discretion that the Service Provider’s actions may result in legal liability for the Company or other users and/or may have an adverse effect on the Company’s services. (g) The Service Provider hereby agrees that, for any user who contacts the Service Provider through the Website, only he/she/it shall be permitted to perform the services for the user, and that the Service Provider shall not be permitted to transfer the performance of services to any other person, whether under their supervision or not. The Service Provider accepts all responsibility and liability for the use of the Website, including the performance of its services, by any other party claiming to be the Service Provider and hereby agrees to indemnify the Company against any claim or loss that may be faced by the Company consequent to such use. (h) The Service Provider agrees to keep all information provided by a user to him/her/it strictly confidential under all circumstances. The Service Provider agrees that he/she/it will not disclose any information or documentation provided by a user to any other person, nor will he/she/it allow such information or documentation to be acquired by any other person through an act or omission. (i) The service provider agrees to use his/her/its best efforts, skill, and ability to render his/her/its services and fulfil its obligations to its patients. (j) The Service Provider agrees and understands that the Company may make some or all of his/her personal information available to the general public through the Website or otherwise and that he/she/it has no objection to this. (k) The Service Provider agrees to assign in perpetuity to the Company all intellectual property rights residing in the responses provided by him/her/it for use by the Company worldwide. (l) The Service Provider agrees not to seek or contact any user’s contact information other than through the Website. (m) Any communication sent by or through the website to the service provider is based solely on information uploaded by the users. The companies shall not be responsible for the incompleteness or inaccuracy of such information, including if, as a result of such inaccuracy, a communication is sent to an unintended recipient. (n) The Service Provider shall be liable to indemnify and hold the Company harmless from and against all actions, claims, damages, losses, and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, on-observance, non-performance, or improper performance of any of its obligations or the terms, conditions, covenants, and provisions contained in the Terms. (o) The company accepts no responsibility for the accuracy or quality of service provided by service providers registered with or affiliated with the company. Though the company takes all precautions to ensure that only high-quality service providers are allowed to tie up with the company, the company is not qualified to give a quality assessment of their services or any medical advice. The company is merely an intermediary that is acting in good faith. The company is not liable for any medical assessment based on the reports of service providers. (p) In case the service provider does not provide the promised services partially or fully, the service provider shall be liable to the users in accordance with the “TrustPay 100% Moneyback Guarantee “/”Order Cancellation and Refund” program.
8. Pharmaceutical Product Services, Other Products Services and the Use of the Website
8.1 The Users agree and acknowledge that the Pharmaceutical Product Sellers and other product sellers (hereinafter referred to individually as such and collectively as the “Seller(s)”) shall be solely responsible for any claim/liability/damages that may arise if it is discovered that they do not have the sole and exclusive legal ownership over the products that they have offered for sale on the Website, or that they did not have the absolute right, title, and interest in the products that they have offered for sale on the Website.
8.2 The Company provides services through the Website, which is a platform that facilitates the purchase of drugs and other pharmaceutical products (” pharmaceutical products “), other products (” other products “), and services offered by service providers. The Sellers understand and agree that the company and the Website merely provide hosting services to its users and anyone browsing or visiting the Website. All products and services offered on the Website and the content made available by the sellers/manufacturers of pharmaceutical products and/or other products (” Manufacturers “) (hereinafter referred to individually as such and collectively as the ” Products “) are third-party user-generated content. The Company has no control over such third-party user-generated content and does not originate or initiate the transmission, nor does it choose the sender/recipient of the information contained in such transmission.
8.3 The Users understand and agree that all commercial/contractual terms with respect to the sale/purchase/delivery and consumption of the products are offered by and agreed to between the Users and the Sellers, and the contract for the purchase of any of the products offered for sale on the Website by the Sellers shall strictly be a bipartite contract between the Seller and the User.
8.4 The commercial/contractual terms (other than in the case of minimum order value that may be decided by the Company in consultation with the Service Providers and/or the Sellers from time to time) include, without limitation, price, payment methods, payment terms, date, period, and warranties related to the products offered for sale by the Sellers. The Company has no influence over and does not determine, advice, or participate in the offering or acceptance of, such commercial/contractual terms offered by and agreed to by the Users and Sellers.
8.5 The Company makes no representation or warranty regarding the legal title of the products offered for sale on the Website by the Sellers. At no time shall the Company have any right, title, claim, or interest in the products sold or displayed on the Website, nor shall the Company have any obligations or liabilities in connection with any transactions on the Website. The Users agree and acknowledge that ownership of the product inventory will always vest with the Sellers, who are the ultimate sellers and advertise or offer them for sale on the Website.
8.6 The Company does not own or stock any of the products offered for sale by the Sellers on the Website at any time. However, the delivery of pharmaceutical products will be the responsibility of the company.
8.7 Non-Performance of Contact> The User accepts and acknowledges the following: (a) The Company cannot and does not guarantee that any transaction concluded on the Website will be carried out by the relevant Seller. (b) The Seller is solely responsible for keeping the products offered for sale on the Website in stock in order to successfully fulfil the orders received. As a result, the Company shall not be liable if the Seller fails to fulfil the contract for the sale of products that are out of stock, back-ordered, or otherwise unavailable, but were shown as available on the Website at the time of the User’s order placement; (c) The Company is not required to mediate or resolve any dispute or disagreement between Users and Sellers. (d) The Company may, at its sole discretion, suspend the user’s ability to use or access the Website at any time while the Company investigates any complaints or alleged violations of the Terms or for any other reason. In the event that users find any wrong information on the Website in relation to such users, they can correct it themselves or contact the company immediately for such corrections. “The Company shall have no liability or responsibility in this regard.”
8.8 Exhibition of drugs and publication of Content/ Information on the Website (a) The Users agree and acknowledge that the respective Sellers are exhibiting and/ or listing their Products and information in relation to such Products, on the Website. (b) The content provided on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is in accordance with applicable law and is for information purposes only, and does not constitute either an advertisement/ promotion of any Pharmaceutical Product being offered for sale by the Sellers on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind. (c) The Users acknowledge and agree that the Manufacturers/ Sellers shall be solely responsible for ensuring that such third party generated information made available regarding the Products offered for sale on the Website, are not misleading and describe the actual condition of the Product. In this connection, it is solely the responsibility of the concerned Manufacturer/ Seller to ensure that all such information is accurate in all respects and there is no exaggeration or over-emphasis on the specifics of such Products so as to mislead the Users in any manner. The Users acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and the Users must run their own independent check. The Users agree and acknowledge that the Company has not played any role in the ascertainment of the actual impact/ effect of any Product being offered for sale by the Sellers on the Website. The Users agree and acknowledge that they shall not hold the Company responsible or liable for any damages arising out of such reliance on third-party user-generated content by the User.
8.9 Consulting a Registered Medical Practitioner (a) The User must always consult a Registered Medical Practitioner with any questions or concerns that the User may have regarding the suitability of any Pharmaceutical Product offered for sale by the Pharmaceutical Product Sellers on the Website, in light of the User’s individual needs and medical conditions. Reliance on any information appearing on the Website, whether provided by the Company, its content providers, visitors to the Website or others, is solely at the User’s own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to the User’s reliance on any information published on the Website. The Users further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by them on any information published on the Website, the Manufacturers/ Sellers from whom the said content is obtained and made available on the Website shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and the Company shall have no liability in relation to the same. (b) The Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Website. If the Users have or suspect that they have a medical problem or condition, they must contact a Registered Medical Practitioner immediately.
8.10 Prescription Drugs (a) The Website is a platform that can be used by the Users to purchase various Pharmaceutical Products (including drugs/ medicines as are provided in Schedule H and Schedule H1 to the Drugs and Cosmetics Rules, 1935, which cannot be sold or dispensed without a valid prescription duly issued by a Registered Medical Practitioner (” Prescription Drugs “)), offered for sale on the Website by the Sellers. In order to purchase Prescription Drugs from the Pharmaceutical Product Sellers through the Website, the Users are required to upload a scanned copy of the prescription on the Website. The order would not be internally processed and forwarded to the concerned Pharmaceutical Product Sellers by the Company until it receives a copy of a valid prescription. The Users are required compulsorily to make the prescription available at the time of receipt of delivery of the Prescription Drugs for signing and stamping the same in accordance with applicable law. (b) The Company shall maintain a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines.
8.11 Substitution of Prescription Drugs The users acknowledge and accept that the order for a substitute of a prescription drug would only be processed at the sole discretion of the user for any other equivalent generic drug to be dispensed in place of the prescribed drug or if the prescription solely lists the salt names instead of a specific brand name. Prior to placing such an order for substitute drugs, the user must consult the registered medical practitioner, and while accepting the order for the substitute drugs, it will be deemed that the user has consulted the registered medical practitioner. Furthermore, such an order for a prescription drug substitute is subject to the registered pharmacist agreeing to dispense the same.
8.12 Invitation to offer for sale (a) Notwithstanding anything else contained in any other part of the Terms, the listing of Pharmaceutical Products on the Website by the Pharmaceutical Product Sellers is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale. The placement of an order by the User shall constitute an offer by such User to enter into an agreement with the Seller (“Offer”). Post the Offer, the Company shall send an email to the User with the information on the Offer along with the details of the concerned Pharmaceutical Products Seller(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Pharmaceutical Products Seller(s) after the validation/ verification of the prescription by such Pharmaceutical Products Seller(s) (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant pharmacy (in the case of Prescription as well as other Pharmaceutical Products), by way of a confirmatory email to be sent to the User. (b) The above terms shall mutatis mutandis apply to the sale of Other Products. (c) For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Sellers, as appearing in the Terms, shall be construed solely as an ‘invitation to offer for sale by any such Seller.
8.13 Transfer of Property and Completion of Sale (a) Upon acceptance of the offer by the concerned pharmaceutical products seller (being the pharmacist), the pharmaceutical products would be dispensed at the pharmacy in accordance with the terms of the order placed by the user. Such dispensation shall also take place under the direct/personal supervision of a registered medical pharmacist, wherever required under applicable law. (b) The user acknowledges and agrees that ownership of the pharmaceutical products ordered by the user will be immediately transferred to the user upon dispensation of pharmaceutical products (in accordance with Clause 8.13 above) and raising of the invoice at the concerned pharmacy. Accordingly, the sale of pharmaceutical products is concluded at the concerned pharmacy itself. (b) The user acknowledges and agrees that ownership of the pharmaceutical products ordered by the user will be immediately transferred to the user upon dispensation of pharmaceutical products (in accordance with Clause 8.13 above) and raising of the invoice at the concerned pharmacy. Accordingly, the sale of pharmaceutical products is concluded at the concerned pharmacy itself. (d) The above terms apply to the sale of other products in the same way.
8.14 Delivery of Drugs The company will deliver the products. The User accepts and acknowledges that the Company or such other transporter/courier/delivery personnel, engaged by the Company, shall be independent contractors in charge of the delivery of the products from the pharmacy or the designated places in the case of other products, to the address notified by the User, with the Company’s control over products and no additional obligations apart from standard delivery obligations and duty of care.
8.15 Compliance of Applicable Law (a) While communicating/ transacting with Pharmaceutical Products Sellers through the Website, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, as well as all other applicable laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Pharmaceutical Products or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force. (b) The Users must also ensure that the prescription uploaded on the Website or emailed to the Company for processing the order for Prescription Drugs is a valid prescription duly obtained from a Registered Medical Practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Pharmaceutical Products Sellers or to the Company, as a result of any dispensation of Prescription Drugs by the Pharmaceutical Products Seller owing to the non-compliance by the User in this regard.
8.16 Payment, Fees and Taxes Registration on the website and access to the information provided on the website is free. The company does not charge any fee for accessing, browsing, and buying through the website. The user agrees to make all payments directly to the respective seller for the purchase of goods from the said seller. The sellers may choose to either personally collect such payment from the users or may use the services of collection agents duly appointed in this regard. The Users agree and acknowledge that they will not hold the Company liable for any loss or damage suffered by the User during the process as a result of any acts or omissions on the part of third parties, such as the Seller or collection agents, or for any actions or omissions beyond the Company’s control.
9. Company’s Reach Rights
9.1 The Company reserves the right to show sponsored advertisements on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, the company will not be liable for the accuracy of the information or the claims made in the sponsored listings. The company does not encourage users to visit the sponsored listings page or to avail of any services from them. The Company will not be liable for the services of the providers of the Sponsored Listings.
9.2 Users represent and warrant that they will use the services in accordance with the law. Any contravention of applicable law as a result of the users’ use of these services is the sole responsibility of the users, and the company accepts no liability for the same.
10. Rights and Obligations Relating to Content
10.1 The Company hereby informs Users and Service Providers that they are not permitted to host, display, upload, modify, publish, transmit, update, or share any information that: (a) belongs to someone else and to which they have no right; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, disparaging, related or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; (c) In any way endanger minors; (d) Violates a patent, trademark, copyright, or another proprietary right; (e) Violates any law for the time being in force. (f) Misleads or deceives the addressee about the origin of such messages, or communicates information that is grossly offensive or menacing in nature; (g) Impersonate someone else; (h) Includes software viruses or any other computer code, files, or programs designed to disrupt, destroy, or limit the functionality of any computer resource; (i) Endangers India’s unity, integrity, defence, security, or sovereignty; friendly relations with foreign states; or public order; incites the commission of any cognizable offense; prevents the investigation of any offense; or insults any other nation.
10.2 The Users and the Service Providers are also prohibited from: (a) Violating or attempting to violate the Website’s or any Website Content’s integrity or security; (b) Transmitting on or through the Website any information (including job postings, messages, and hyperlinks) that is disruptive or competitive to the Company’s provision of services; (c) Purposefully submitting incomplete, false, or inaccurate information on the Website; (d) Communicating with other users in an unsolicited manner; (e) Navigating or searching the Website using any engine, software, tool, agent, or other device or mechanism (such as spiders, robots, avatars, or intelligent agents). (f) Attempting to decipher, decompile, disassemble, or reverse engineer any component of the Website; (g) Copying or duplicating in any manner any of the Website Content or other information available from the Website; (h) Framing or hot linking or deep linking any Website Content.
10.3 The Company, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users or the Service Providers, or on being notified by the appropriate Government or its agency that the Website is being used by the User or the Service Provider to commit any unlawful act and/or is being used in violation of Paragraphs 10.1 and 10.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph 10. The Company is entitled to act, as required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users and Service Providers to disable such information that is in contravention of applicable law. The Company shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
10.4 In case of non-compliance with any applicable laws, rules or regulations, or the Terms (including the Privacy Policy) by a User or a Service Provider, the Company has the right to immediately terminate the access or usage rights to the Website and Services and to remove non-compliant information from the Website.
10.5 The Company may disclose or transfer User/ Service Provider-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and the Users and the Service Providers hereby consent to such transfer. The Company will comply with any duly-issued government or court directions to disable access to the User/ Service Provider-generated information, should it be found to be illegal by a competent governmental authority.
11. Termination
11.1 The Company reserves the right to suspend or terminate a user’s or a service provider’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where: (a) Such user or service provider violates any of the Terms’ terms and conditions; (b) A third party reports a violation of any of its rights as a result of the services’ use. (c) The Company is unable to verify or authenticate any information supplied to it by a User or a Service Provider; (d) The Company has reasonable grounds to suspect that such user or service provider is engaging in illegal, fraudulent, or abusive behaviour; or (e) The Company believes, in its sole discretion, that a user’s or service provider’s actions may cause legal liability for such user or service provider, other users, service providers, or the company, or are contrary to the interests of the Website.
11.2 Once temporarily suspended, indefinitely suspended, or terminated, the user or the service provider may not continue to use the website under the same account, a different account, or re-register under a new account. When an account is terminated for the reasons stated herein, a user or a service provider no longer has access to data, messages, files, or other material stored on the Website by such user or service provider. The user and/or the service provider shall ensure that he/she/it has a continuous backup of any medical services the user or the service provider has rendered in order to comply with its record-keeping process and practices.
12. Liability
12.1 The Users accept and acknowledge that the Company makes no representation or gives any guarantee or warranty (whether express or implied, or arising by virtue of a statute or otherwise in law or from a course of dealing, usage, or trade) in relation to the Services made available on their Website, including any guarantee or warranty that such Services (i) are merchantable; (ii) are fit for the purpose for which they are to be (or have been) purchased; (iii) are fit for the purpose for which they are The company also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the services offered.
12.2 The User further accepts and acknowledges that the Company does not verify any content or information provided by the Service Providers, or obtained from the Manufacturers, and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, the Website Content, representations and warranties made by the Service Providers or the content or information (provided by them or obtained from the Manufacturers) on the Website, or any opinion or suggestion given or expressed by the Company or any Service Provider in relation to any services.
12.3 The Website may be linked to web pages and content of third parties, affiliates, and business partners (collectively, “Third Party Content”). The Company has no control over, endorses, or adopts any third-party content and cannot guarantee its accuracy or completeness. The User acknowledges and agrees that the Company is not responsible or liable in any way for the third-party content’s content, accuracy, validity, reliability, or quality. The inclusion of any link on the website does not imply that the Company endorses the linked site. The user uses these links and services at their own risk.
12.4 The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect a user’s or the service provider’s equipment on account of the user’s or the service provider’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a user or a service provider is dissatisfied with the Website, their sole remedy is to discontinue using the Website.
12.5 The listing of service providers on the Website is based on numerous factors, including users’ comments and feedback. In no event shall the Protected Entities (as defined hereinafter) be liable or responsible for the listing order of service providers on the Website.
12.6 To the maximum extent permitted by applicable law, the Company, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers, or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to: (i) the use of, or the inability to use, the Website or the content, materials, or functions related thereto; (ii) the user’s provision of information via the Website; even if such a protected entity has been advised of the possibility of such damage.
12.7 In no event shall the Protected Entities be liable for, or in connection with, (i) a Service Provider’s provision of, or failure to provide, all or any products or services to any User; or (ii) any comments or feedback provided by any User in relation to the services or services provided by any Service Provider; or (iii) any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website.
12.8 In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence, strict liability, product liability, or otherwise) arising from the Terms or a User’s use of the Website exceed an aggregate amount of 1000. The company accepts no liability for any errors or omissions, whether on behalf of the users or third parties.
13. Indemnity
The Users and the Service Providers agree to defend, indemnify and hold harmless the Company, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) access to or use of the Website; (b) violation of the Terms; (c) violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) conduct in connection with the Website.
14. Modification of Website The company reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. The users and the service providers agree that the company will not be liable for any modification, suspension, or discontinuance of the Website or any other part thereof.
15. Force Majeure
The User accepts and acknowledges that the Company or the Service Providers shall not be liable for any loss or damage caused to the User as a result of any delay, default, deficiency, or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures, or any other delay, default, deficiency, or failure which arises from causes beyond the Company’s or the Service Provider’s reasonable control (” Force Majeure Event “). In the event of any Force Majeure Event arising, the company or the service provider, depending on whose performance has been impacted under the Terms, shall immediately give notice to the user of the facts which constitute the Force Majeure Event.
16. Governing Law and Dispute Resolution
The terms and any contractual obligation between the company and the user will be governed by the laws of India without reference to conflict of laws principles. Any legal action or proceeding arising from access to or use of the Website or these terms is subject to the exclusive jurisdiction of the courts in Raipur (C.G), India.
17. Survival
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, and Dispute Resolution will continue and survive termination.
18. Severability
If any provision of the terms is deemed invalid, unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any of the remaining provisions.
19. Earn & Refer Refer your friends and they will get FLAT 15% OFF plus 15% cashback up to Rs 250 on their 1st medicine order. You will also get 15% cashback up to Rs 250. If a new user places their first order using your referral code, they will get an additional 15% cashback after the regular discount of 15% has been applied to the order value. The cashback limit is up to Rs 250 for a new member. You will also get cashback equivalent to what your friend got. You are eligible for cash back up to Rs 250 on every successful referral. Cashback will be credited in the referral wallet of your friend within 48 hours of his first order delivery and in your referral wallet after 15 days. This offer is applicable only to the purchase of medicines. Once cashback is credited in your referral wallet, you need to consume the balance within 6 months (180 days) or it will lapse.
20. Cancellation & Return Return Policy
20.1 Price Difference Under Drug Control Act 1970 Will Be Refunded If Any.
20.2 Please Verify Medicines From Doctor Before Use.
20.3 Medicine return window ranges from 0-30 days from the date of delivery.
20.4 Copy of the Invoice is a must to replace the Product.
20.5 Only Complete Strips Of Medicine and the unsealed pack will be accepted for return.
20.6 Refrigerated Item Will Not Be Accepted For Exchange or Return.
20.7 In Case of Returns, the Amount Will Be Credited To Your PotliMoney (Virtual Cash Wallet), Which Can Be Used For Future Purchases.
20.8 In Case of Returns, The Amount Will Be Credited To Your PotliMoney (Virtual Cash Wallet), Which Can Be Used For Future Purchases.
20.9 No refund or replacement for Surgical Items. Cancellation Policy An order for medicines or healthcare items can be cancelled from the ‘Order Details’ section on the hindustandawai website/app (‘Platform’) or by calling our customer service number at 7714216666 before it is listed as “Out for Delivery.” If you refuse it at the time of delivery, a refund will be issued in accordance with the Refund Policy.
21. 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 it to Company’s customer support team. If you have any concerns 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 redressal officer at: If a User has any questions concerning the Company, the Website, the Terms, or anything related to any of the foregoing, the Company can be reached at the following email address – ∙Address: SHOP NO. A-45, OLD MEDICAL COMPLEX, RAJBANDHA MAIDAN, RAIPUR, Raipur, Chhattisgarh, 492000 Phone number: 72238 01052 E-mail: hindustandawai@gmail.com
21. Contact Information If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at hindustandawai@gmail.com If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at hindustandawai@gmail.com hindustandawai@gmail.com If a User has any questions concerning the Company, the Website, the Terms, or anything related to any of the foregoing, the Company can be reached at the following email address – hindustandawai@gmail.com via the contact information available from the following hyperlink: www.hindustandawai.com Rajpal Group Of Companies Katora Talab Raipur-492001 (C.G.) Contact Information: 72238 01052 Email: hindustandawai@gmail.com Fanpage: Hindustan_Dawai Twitter: @HindustanDawai 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 hindustandawai@gmail.com Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder 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. 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 the Company of that provision or right
