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Terms & Condition

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.davagenie.com website and its mobile applications.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.davagenie.com website and its mobile applications.

General

www.davagenie.com, an internet based portal and “Davagenie” a mobile application, (hereinafter together be referred to as “Website") is operated by ALLARCH HEALTHCARE TECHNOLOGIES PRIVATE LIMITED (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013.

Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made by Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s).

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Account Information (defined below) while registering on the Website as a registered User using the computer systems.

Company shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms and Conditions ("Terms"). The revised Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be your responsibility to check the Terms periodically for changes. Company may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Website and the Services, provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms, will constitute your express acceptance of those changes.

By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely browsing the Website, You agree that you have read, understood and agreed to be bound by, including without limitation, these Terms, the Website's Privacy Policy. and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions 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 these Terms of Use.

The User agrees to use the service to authorise the Company to provide an individual who shall act in the capacity as the agent of the User and get the products requested by the User from the third party on the Users behalf.

The scope of offering the services of the Company to facilitate pick up/collection services for any service requested or products requested to be purchased by the User shall only be in certain geographies located in India and shall never be for any locations outside India.

Products and Services

The Website is a platform that facilitates the online requisition by the user for purchase of medicines and wellness / health related products and services offered by Company's various registered third-party/ies (third-parties shall for the purpose of this Terms, include without limitation third party licensed retail pharmacies, third-party labs) ("Products and Services"). The sale & purchase / transaction between the registered third-parties and You, of Products and Services, facilitated by the requisition placed by You on the Website shall be governed by these Terms. Company is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the third-parties.

Company further reserves the right to change or modify these Terms of Use or any policy or guidelines of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications made will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications.

Technology Platform for Pharmaceutical Products – Company facilitates the purchase of drugs and other pharmaceutical products and services (which shall also include OTC and wellness products) offered by third-party licensed retail pharmacies (“licensed Retail Pharmacies or Third Party Pharmacies”). The Company and the Website merely provide hosting services to You and persons browsing/ visiting the Website. All items offered for sale on the Website, and the content made available by the licensed Retail Pharmacies, are third party user generated contents and third party products. The Company has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The quality of the Pharmaceutical Goods and Services made available by the licensed Retail Pharmacies through the Website shall be the sole responsibility of the licensed Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.

The Company does not take any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the licensed Retail Pharmacies on the Website. The right, title, claim or interest in the products sold through the Website shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Website.

The Company is not responsible for delayed, non-performance or breach of contract entered into between You and the third-party for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website; The Company gives no guarantee that the concerned third-party pharmacies will perform any transaction concluded on the Website. The Company is not responsible for the Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You.

Content: You agree and acknowledge that the respective third-party pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website. The content available on the Website, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the third-party pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, the Company shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. Also, You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity of the information provided on the Website and You must do Your own check.

The Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third-parties. Prescription Drugs - In order to purchase drugs and pharmaceutical products that requires a valid prescription, You are required to upload a scanned copy of the valid prescription via email, or on the Website or any other digital platform of the Company. Third- Party Pharmacies will verify the prescription forwarded by You and in case of any discrepancy observed by the Third-Party Pharmacies, the order will not be processed and be cancelled by the third-party pharmacies immediately. You are also required to make the original prescription available at the time of receipt of the order as per the conditions laid down by the Third-Party pharmacies. You shall also allow the User’s Agent to offer, on your behalf, the right to get stamped, the original prescription at the time of receipt of medicine. It is clarified that User’s Agent shall mean the individual agent offering services as an agent of the User, acting for and behalf of r of the User for the purpose of procuring the requisitioned medicines through the process of collecting the medicines ordered by the User with the User’s consent from the Licensed Retail Pharmacies.

Substitution of Prescribed Drugs-You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name. You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.