1.1 What is this document?

i. These Terms of Use, read together with the privacy policy located at Part A above, constitute a legal and binding contract between you the User (whether you are a visitor or a User) of the one part, and Drugswala of the other Part (the "Agreement") providing, among other things, the terms and conditions for use of Services hosted and managed remotely through the online services. The site www.drugswala.com is owned and operated by Drugswala Healthcare Pvt. Ltd.

ii. You must be 18 years of age or older to register, use this computer resource, or visit or use the Website in any manner. By registering, visiting the Website or accepting this Agreement, you represent and warrant to Drugswala that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by this Agreement. iii. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:

a. the Indian Contract Act, 1872,

b. the (Indian) Information Technology Act, 2000, and

c. 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").

iv. A condition of the User's use of and access to the Website and to the other services provided by Drugswala to Users (together with the Website, the "Services") is the User's acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website immediately and immediately discontinue use of all other Services

v. Drugswala recommends that you must read the terms of use carefully. YOUR USE OF SERVICES ON THE WEBSITE MEANS YOU ARE CONSENTING TO THIS AGREEMENT.

vi. Drugswala authorizes the User to view and access the content available on or from the Website solely for visiting, ordering, receiving, delivering and communicating only as per this Agreement. 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, "Drugswala Content"), are the property of Drugswala and are protected under copyright, trademark and other laws. User shall not modify the Drugswala Content or reproduce, display, publicly perform, distribute, or otherwise use the Drugswala Content in any way for any public or commercial purpose or for personal gain.Multiple people are not permitted to share the same/single log-in.

2 Services and use of Website

2.1
The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Reliance on any information appearing on the Website, whether provided by Drugswala, its content provides, visitors to the Website or others, is solely at Your own risk.

2.2
Drugswala advises the Users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from Your doctor or other qualified health care provider because of something You have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

2.3
You must have a prescription from a registered medical practitioner a scanned copy whereof shall be uploaded at the time of placing an order or be provided at the time of delivery of pharmaceutical products. Prescription medicines are delivered only after a prescription given by a registered medical practitioner has been received. Drugswala maintains 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.

2.4
Sellers/ Vendor / Franchiser must be legally able to sell the item's. Sellers/ Vendor / Franchiser must ensure that the offered items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe the item for sale. All offered items must be kept in stock for successful fulfillment of orders received. The description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, the Seller agrees to refund any amounts that such Seller may have received from the buyer.

2.5
The Sellers/ Vendor / Franchiser represent and confirm that such Seller shall be the sole and exclusive legal owner of all items, goods or products of any description. Sellers/ Vendor / Franchiser shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. Sellers/ Vendor / Franchiser shall not, either alone or in conjunction with other Sellers/ Vendor / Franchiser, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.

2.6
Users shall at all times ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies etc.) regarding your use of Service and purchase, solicitation of offers to purchase, and sale of items or services on the Website. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or regulations for the time being in force.

2.7
From time to time, Sellers/ Vendor / Franchiser shall be responsible for providing information relating to the items or services offered by such Seller. In this connection, Sellers/ Vendor / Franchiser undertake that all such information shall be accurate in all respects. Sellers/ Vendor / Franchiser shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner. Sellers/ Vendor / Franchiser shall not offer any habit forming or narcotic medications, also known as scheduled drugs or controlled substances in some countries.

2.8
You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your information, in any media now known or not currently known, with respect to Your information to enable Drugswala to use the information for the purpose of providing the Services.

2.9
Drugswala provides Services through online services, which is a platform that facilitates the to help deliver the medicine at home. You understand and agree that Drugswala and the Website merely provides hosting services to its Users and persons browsing / visiting the Website. All items advertised / offered and the contents therein are advertised and offered by Sellers/ Vendor / Franchiser and are third party user generated contents.Drugswala neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects the information contained in the transmission. Drugswala has no control over the third party user generated contents.

2.10
The Website is only a platform through which Users may meet and interact with Sellers/ Vendor / Franchiser for their transactions. Drugswala is not and cannot be a party to or control in any manner any transaction between the Users of the Drugswala and the Sellers/ Vendor / Franchiser.

2.11
All commercial / contractual terms are offered by and agreed to between buyers and Sellers/ Vendor / Franchiser alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Drugswala does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and Sellers/ Vendor / Franchiser. 2.12 Drugswala does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Sellers/ Vendor / Franchiser. You are advised to independently use Your best judgment in that behalf.



2.12
Drugswala is not responsible for any non-performance or breach of any contract entered into between buyers and Sellers/ Vendor / Franchiser. Drugswala cannot and does not guarantee that the concerned Seller will perform any transaction. Drugswala shall not and is not required to mediate or resolve any dispute or disagreement between buyers and Sellers/ Vendor / Franchiser. Drugswala does not make any representation or warranty as to the item-specifics (such as quality, worth, marketability, etc.) . Drugswala accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

2.13
Drugswala does not at any point of time during any transaction between buyer and Sellers/ Vendor / Franchiser come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by Seller to buyer. Drugswala is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable.You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Sellers/ Vendor / Franchiser.

2.14
Drugswala may, at its sole discretion, suspend User's ability to use or access the Website at any time while Drugswala investigates complaints or alleged violations of this Agreement, or for any other reason.If Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact Drugswala immediately for such corrections.Drugswala shall have no liability or responsibility in this regard.

2.15
Payment, Fees and Taxes:

a. Registration on the Website and the information is free.The User agrees to make all payments directly to the respective Sellers/ Vendor / Franchiser for purchase of products from such Sellers/ Vendor / Franchiser. Drugswala is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Drugswala. These payments could be collected personally from the User by the concerned Seller. Such Seller may appoint collection agents for the collection of payments from the Users. Drugswala shall not be responsible for any act or omission on the part of such collection agents as Drugswala exercises no control over such third parties.

b. Each User / member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Drugswala is in no way responsible for any of the taxes.

3 Collection, Use, Storage and Transfer of Personal Information

3.1
The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules, and are reproduced in the privacy policy

3.2
The privacy policy sets out:

i. The type of information collected from Users, including sensitive personal data or information;

ii. The purpose, means and modes of usage of such information; and

iii. How and to whom Drugswala will disclose such information.

3.4
Drugswala shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Drugswala or any Seller.

3.5
The registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the privacy policy. The other information collected by Drugswala from Users as part of the registration process is described in the privacy policy. The consent and revocation procedures in relation to the same are set out in the privacy policy.

3.6
The User is responsible for maintaining the confidentiality of the User's account access information and password. The User shall be responsible for all uses of the User'saccount and password, whether or not authorized by the User. The User shall immediately notify Drugswala of any actual or suspected unauthorized use of the User's account or password.

3.7
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Drugswala has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Drugswala has the right to suspend or terminate such account at its sole discretion.

4 Covenants

4.1
As mandated by Regulation 3(2) of the IG Rules, Drugswala hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that —

i. Belongs to another person and to which the User does not have any right to;

ii. 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 whatever;

iii. infringes any patent,trademark, copyright or other proprietary rights;

iv. Violation of any law for the time being inforce;

v. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vi. impersonate another person;

vii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

viii. is prohibited under applicable law for the time being in force including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860 as amended from time to time and rules made there under;

ix. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

4.2
The User is also prohibited from:

i. violating or attempting to violate the integrity or security of the Website or any Drugswala Content;

ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Drugswala;

ii. intentionally submitting any incomplete, false or inaccurate information;

iv. making any unsolicited communications to other Users;

v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

vii. copying or duplicating in any manner any of the Drugswala Content or other information available from the Website;

viii. framing or hot linking or deep linking any Drugswala Content

4.3
Drugswala, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 4.2 above, shall be entitled to disable such information that is in contravention of S. 4.2. Drugswala shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

4.4
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, Drugswala has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.

4.5
Drugswala may disclose or transfer User Information (as defined in the privacy policy) to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit Drugswala to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Drugswala as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Drugswala or any person on its behalf and the user or where the User has consented to data transfer.

5 Liability

5.1
Drugswala shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Drugswala, where the User has consented to the making of disclosures by Drugswala. If the User had revoked such consent under the terms of the privacy policy, then Drugswala shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Drugswala prior to its actual receipt of such revocation.

5.2
The User shall not hold Drugswala responsible or liable in any way for any disclosures by Drugswala under Regulation 6 of the SPI Rules.

5.3
The Services provided by Drugswala or any of its Sellers/ Vendor / Franchiser license holder are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Drugswala does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. Drugswala does not verifies any content or information provided by the Sellers/ Vendor / Franchiser 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 Drugswala Content, representations and warranties made by the Sellers/ Vendor / Franchiser or the content or information provided by such Seller on the Website or any opinion or suggestion given or expressed by Drugswala or any Seller in relation to any User or Services provided by Drugswala.

5.4
The Website may be linked to the website of third parties, affiliates and business partners. Drugswala has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Drugswala endorses the linked site. User may use the links and these services at User's own risk.

5.5
Drugswala assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect user's equipment on account of User'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 Useris dissatisfied with the Website, User's sole remedy is to discontinue using the Website.

5.6
In no event, including but not limited to negligence, shall Drugswala, or any of its directors, officers, employees, agents or content or service providers (collectively, the "protected entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related there to, User's provision of information via the Website, lost business or lost sales,even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any service by a Seller to any User. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website.

5.7
In no event shall the protected entities be liable for failure on the part of the Sellers/ Vendor / Franchiser to provide agreed products or services. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the services provided by any Seller.

6 Indemnity

6.1
User agrees to indemnify and hold harmless Drugswala, its affiliates, officers, directors, employees, consultants, license holder, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of this Agreement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Drugswala will notify you promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.

7 Term, Termination and Disputes

7.1
This Agreement will remain in full force and effect while the User is a part of online services, in any form or capacity.

7.2
The User can terminate his/her/its membership with Drugswala at any time by providing prior written notice to care@drugswala.com

7.3
Drugswala reserves the right to terminate any account in cases:

a. A User breaches any terms and conditions of this Terms of Use or privacy policy;

b. Drugswala is unable to verify or authenticate any information provided by the User; or

c.User's actions may cause legal liability for such User, other Users or for Drugswala.

7.4
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account.

7.5
Drugswala shall have no obligation to maintain or provide any of User's data and shall thereafter, unless legally prohibited, delete all User's data in its systems or otherwise in its possession or under its control.

7.6
Drugswala reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User's content from the Website and immediate termination of the User's account with or without ability to access the Website and the other Services, upon any breach by the User of this Agreement or if Drugswala is unable to verify or authenticate any information the User submits to Drugswala, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Drugswala to provide the Services to the User.

7.7
This Agreement and any contractual obligation between Drugswala and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Aurangabad.

7.8
All disputes will be subject to arbitration in Aurangabad in English by a single arbitrator appointed by Drugswala under the Arbitration and Conciliation Act, 1996.

7.9
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

8 Severability & Waiver Contact Information

8.1
If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

9 Contact Information

9.1
If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at care@drugswala.com.

9.2
If a User has any questions concerning Drugswala, the Website, this Agreement, or anything related to any of the foregoing, Drugswala can be reached at the following
email addresscare@drugswala.com 
or via the contact information available from the following hyperlink: www.drugswala.com/contactus

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