Terms & Conditions
The following are the
Terms & Conditions,read together with the Privacy Policy, that govern your
purchase and use of the products and services (the "Products") from
Genericure.in, and constitute a legally binding agreement, between you
("the Customer", the "User" or "the Caregiver")
and Genericure.in.
In terms of Information Technology Act, 2000,
this document is an electronic record. Being generated by a computer system it
does not require any physical or digital signatures.
This document is published in accordance with
the provisions of Rule 3 (1) of the Information Technology (Intermediaries
Guidelines) Rules, 2011 that require publishing the rules and regulations,
privacy policy and Terms of Use for access or usage of
https://www.genericure.com/ or the application ‘Genericure-Apki Pharmacy.
GENERICURE has registered
address Shop No. 03, House No. 345/85/33, Plot No. 85, Ground Floor, Jivandeep
Society, Lakadganj, Ambedkar Chowk, CA Road, Ward No. 23, Nagpur -
440008.
For the purpose of these Terms of Service,
wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural
or legal person who has downloaded and installed this Mobile Application
(hereinafter referred to as ‘App’) and provided Registration Data while
registering on the App or by simply visiting the Website by entering the domain
name in any internet browser. Any services provided by the Website/App which do
not require registration do not absolve you of the contractual relationship
established by this Agreement.
By downloading and installing this App, you are
bound by these Terms of Service and any other binding document as decided by
the Company. You are requested to read them carefully before accepting the same
and moving forward to using the App/Website.
By visiting, viewing, accessing or otherwise using
any of the services or information created, collected, compiled or submitted to
www.genericure.in, you are deemed to have agreed to all the following Terms
and Conditions of Sale/Service. So, before you use this Website/App, please
read these Terms carefully as you agree to be bound by them. If you do not
accept these Terms and Conditions, please do not use this App/Website.
1.CREATING AN ACCOUNT:
1.1 To use certain features of the Website/App
(e.g., ordering Products, posting rating/reviews, receiving Genericure
enewsletters), you must set up an account with Genericure.in ("Genericure
Account") and provide certain information about yourself as prompted by
the Customer Information form, including, your name, gender, email address,
account password, mobile phone number and billing/shipping address. All of your
registration information is protected by our Privacy Policy.
1.2 You represent and warrant that the
information you submit during registration is truthful and accurate and that
you will maintain the accuracy of such information.
1.3 Your Genericure Account username and
password are personal to you. You may not transfer your account and you will be
responsible for the activities associated with your Genericure Account.
1.4 Genericure.in will not be liable for any
loss or damages as a result of your failure to maintain the confidentiality of
your account credentials. If you suspect any unauthorised use of your
Genericure account, you shall immediately notify Genericure.in
1.5 It is your responsibility to keep your email
address up-to-date on your account setup at Genericure.com/app so that we can
communicate with you electronically.
1.6 By creating this account you agree to
receive communications from us via email, telephone, SMS and chat. If you, at
any time, wish to discontinue receiving communications from us, you agree to
notify us by email.
2. PRIVACY POLICY:
2.1 Your personally identifiable information
will be used in accordance with our Privacy Policy. To understand our practices,
as to how we collect, use and disclose your personally identifiable
information, please refer our Privacy Policy, which also governs your visit to
Genericure.in
2.2 We understand the privacy of all information
you provide is of a primary importance. This is why we do everything possible
to use it carefully and sensibly. This information is never shared with other
companies or third party service providers.
3. COMMUNICATIONS
By using this Website/App, it is deemed that you
have consented to receiving calls, auto-dialled and/or pre-recorded messages or
calls, from us at any time with the use of the telephone number that has been
provided by you for the use of this Website/App, subject to the Privacy Policy.
This includes contacting you through information received through other parties
as well as contacting other parties through the information you provide to us.
The use of this Website/App you also consent to receive SMSs from us at any
time we deem fit. This consent to be contacted is for purposes that include and
are not limited to clarification calls and marketing and promotional calls. In
case you wish to stop the contact with us for the same, you may send us a mail
to the effect at support@genericure.in
You may also be contacted by Service Providers
with whom we have entered into a contract in furtherance of our rights, duties
and obligations under other agreements, contracts and policies followed by us.
Such contact will be made only in pursuance of the respective contracts,
agreements and/or policies.
The sharing of the information provided by you
will be governed by the Privacy Policy. We will not give out your contact
information to third parties not connected with the Website/App and the
services offered by it, and/or for any purpose not in furtherance of the
activities and aims of the Company. Please refer to the 'Privacy Policy' for
more information.
4.SECURITY POLICY:
All your transactions are secure when you place
an order online at Genericure.in. Your personal information is encrypted by
using 256-bit Secure Sockets Layer (SSL) encryption technology before being
sent over the Internet, which ensures the privacy and high level of security of
all your information.
5. CUSTOMER MEMBERSHIP/USAGE/ELIGIBILITY:
The membership/usage of the Website/App is
restricted to those above 18 years of age, or to such group that can be termed
to have attained 'majority' under the laws of the respective jurisdictions
where this Website/App can be seen and is accessible or to emancipated minors, who
possess legal parental or guardian consent, or are in a position so as to be
fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of
Service, and to abide by and comply with these Terms of Service.
Membership cannot be availed of by those who are
deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to
the aforementioned conditions.
Further, you are solely responsible for
protecting the confidentiality of your username and password and any activity
under the account will be deemed to have been done by you. In the case that you
provide us with false and inaccurate details or the Company has reasonable
reasons to believe you have done so, we hold the rights to suspend your account
and/or terminate this Agreement without any notice and without being held
liable for the same.
You understand the App downloaded/or the website
you use on to your phone or tablet is owned by us and we may automatically
upgrade the App/website and these Terms shall apply to the upgrades as well. We
reserve the right to terminate this agreement without any notice and suspend
the account without assigning any reason.
6. PRICE AND PAYMENT:
The installation and use of this Website/App is
free of cost and this includes only the usage of certain services of the
Website/App. You hereby understand that this no charge policy maybe amended at
anytime at the discretion of the Company.
While availing any of the payment methods
available on the App/Website, We will not be responsible or assume any
liability, whatsoever in respect of any loss or damage arising directly or
indirectly to you due to:
i. Lack of authorization for any transaction(s),
or
ii. Exceeding the preset limit mutually agreed
by you and between ‘Bank(s)’, or
iii. Any payment issues arising out of the
transaction, or
iv. Decline of transaction for any other
reason(s).
All payments made against the services on the
App by you shall be compulsorily in Indian Rupees. The Website/App will not
facilitate transaction with respect to any other form of currency with respect
to the purchases made on Website/App.
6.1 All our product prices include all
applicable statutory taxes.
6.2 We make every effort to make sure that the
pricing and availability of Products on our Website/App is accurate and up to
date. However, rarely, there may be an error on the pricing of a product or an
error related to product availability. In such cases, we are not responsible for
any typographical errors and we reserve the right to cancel the sale.
6.3 We reserve the right to correct any
inaccuracies or omissions related to pricing and product
availability/descriptions, even after you have submitted your order, and to
change or update any other information at any time without prior notice.
6.4 The following are our delivery
charges:
- Delivery charges for ALL orders: Rs.49
- FREE Delivery on Medicine orders above Rs. 600 on online orders & Rs. 1000 COD Orders.
6.5 - SHIPPING
- Same day delivery on business days in Nagpur if order confirmed before 4pm, free delivery on orders above Rs. 350.
- Delivery times may vary depending on the delivery location as well as the type of product you order & your order may be delivered before or after estimated delivery dependig upon other conditions.
Maharashtra - Estimated Delivery (2-3 working days or more)
Other states - Estimated Delivery (4-6 working days or more)
6.6 You can make the payment via any one of the
following methods of payment: Credit/Debit Card, Net Banking or Cash on
Delivery.
6.7 Credit/Debit Card and Net Banking Payments
are processed via our online payment service partners.
6.8 There is Upto 90% discount on generic medicines only.
6.9 For orders other than Nagpur, Minimum Order Value should be above Rs.350 & Free Shipping on online orders above Rs. 600 & COD Orders above Rs.1000.
7. USE OF INFORMATION ON THE WEBSITE/APP:
7.1 The information on this Website/App is not a
substitute for professional medical advice or treatment for specific medical
conditions. It is important that you do not make medical decisions, and you
should always seek the advice from qualified healthcare professional with any
questions you may have about your medical condition.
7.2 Genericure.in does not endorse any views or
opinions that may be included in the Website/App Content, or other information
provided through our Services. Your submission of questions or reviews on our
Products does not constitute a professional relationship between you and
Genericure.in
8. THIRD PARTY INFORMATION:
The content on the Website/App which includes
all text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, design documents, and artwork is Our content
(hereinafter referred to as ‘Content’). The Website/App may contain links to/
content of third party websites that are not associated with us. We have no
control over any third party user generated content as we are merely an
intermediary for the purposes of those content. In the event, if any of the
Third Party Content infringes any Intellectual Property of any person, the
Third Party shall be solely responsible for any loss caused and we shall not be
liable. You may send as an email at support@genericure.com to report any such
content.
Other than that when expressly allowed, any use
of our Content and it being reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other computer, server, website or
other medium for publication or distribution or for any commercial enterprise,
without our express prior written consent is not allowed.
9. USER CONTENT:
The content that you upload or post will become
our property and you grant us the worldwide, perpetual and transferable rights
in such Content. We shall be entitled to, consistent with our Privacy Policy as
adopted in accordance with applicable law, use the Content or any of its
elements for any type of use forever, including but not limited to promotional
and advertising purposes and in any media whether now known or hereafter
devised, including the creation of derivative works that may include any
content you provide and are not entitled to any payment or other compensation
for such use. You also grant us the right to sub-license these rights, and the
right to bring an action for infringement of these rights. We reserve the right
to edit or remove any material submitted to this Website/App, or stored on our
servers, or hosted or published upon this Website/App.
Those posting any form of User content on the
Website/App must verify the truthfulness and authenticity of the particulars of
the content, including the time, place and nature. Before allowing such content
to be posted on the Website/App, we have the right and authority to verify the
accuracy of such particulars related to the content with the respective sources
provided by the user posting such content, if we feel that there is a need to
check such accuracy. We have the right to upload content on behalf of third
parties, subsequent to collecting such information and verifying it if we deem
it necessary. Notwithstanding this, we can in no way be held liable for any
false or misleading information.
In case any content is considered to be unlawful
or against the law within any jurisdiction in which our Website/App can be seen
and accessed, it shall be removed forthwith by us on being intimated by the
authorities of the respective jurisdiction that such content is deemed
unlawful. We cannot be held liable or questioned for the same.
10. USER OBLIGATIONS:
You are a restricted user of this
Website/App.
10.1. You are bound not to cut, copy,
distribute, modify, recreate, reverse engineer, distribute, disseminate, post,
publish or create derivative works from, transfer, or sell any information or
software obtained from the Website/App. With our prior permission limited use
may be allowed. For the removal of doubt, it is clarified that unlimited or
wholesale reproduction, copying of the content for commercial or non-commercial
purposes and unwarranted modification of data and information within the
content of the Website/App is not permitted. You shall not, nor allow third
parties on your behalf to (i) make and distribute copies of the Website/App
(ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble,
decompile, transfer, exchange or translate the Website/App; or (iii) create
derivative works of the Website/App of any kind whatsoever.
10.2. You agree not to access (or attempt to
access) the App and/or the materials or Services by any means other than
through the interface that is provided by the Website/App. The use of
deep-link, robot, spider or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire, copy
or monitor any portion of the App or Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Website/App,
materials or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not specifically made available
through the Website/App. You acknowledge and agree that by accessing or using
the Website/App or Services, you may be exposed to content from other users
that you may consider offensive, indecent or otherwise objectionable. We
disclaim all liabilities arising in relation to such offensive content on the
Website/App. Further, you may report such offensive content by sending us an
e-mail to our official e-mail address.
10.3. This Website/App by nature allows you to
upload information; you undertake to ensure that such material is in accordance
with applicable laws. Further, you undertake not to:
a) Abuse, harass, threaten, defame, disillusion,
erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with
or disrupts access to the Website/App or the Services (or the servers and
networks which are connected to the Website/App);
c) Impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
d) Publish, post, disseminate, any information
which is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another's privacy, hateful,
or racially, ethnically objectionable, disparaging, relating or encouraging
money laundering or gambling, or otherwise unlawful in any manner whatsoever;
or unlawfully threatening or unlawfully harassing including but not limited to
"indecent representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright,
patent or trademark of other legal entities.
f) Upload or distribute files that contain
viruses, corrupted files, or any other similar software or programs that may
damage the operation of the Website/App or another's computer;
g) Download any file posted by another user of a
Service that you know, or reasonably should know, cannot be legally distributed
in such manner;
h) Probe, scan or test the vulnerability of the
Website/App or any network connected to the Website/App, nor breach the
security or authentication measures on the Website/App or any network connected
to the Website/App. You may not reverse look-up, trace or seek to trace any
information on any other user, of or visitor to, the Website/App, or any other
customer of the Website/App, including any account not owned by you, to its
source, or exploit the Website/App or Service or information made available or
offered by or through the Website/App, in any way whether or not the purpose is
to reveal any information, including but not limited to personal identification
information, other than your own information, as provided for by the
Website/App;
i) Disrupt or interfere with the security of, or
otherwise cause harm to, the Website/App, systems resources, accounts,
passwords, servers or networks connected to or accessible through the
Website/App or any affiliated or linked sites;
j) Collect or store data about other users in
connection with the prohibited conduct and activities set forth in this
Section.
k) Use the Website/App or any material or
Content for any purpose that is unlawful or prohibited by these Terms of
Service, or to solicit the performance of any illegal activity or other
activity which infringes the rights of this Website/App or other third
parties;
l) Violate any code of conduct or other
guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations
for the time being in force within or outside India;
n) Violate the Terms of Service including but
not limited to any applicable Additional Terms of the Website/App contained
herein or elsewhere;
o) Violate any code of conduct or other
guidelines, which may be applicable for or to any particular Service;
p) Threaten the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign states, or
public order or causes incitement to the commission of any cognizable offence
or prevents investigation of any offence or is insulting any other
nation.
q) Publish, post, disseminate information that
is false, inaccurate or misleading; violate any applicable laws or regulations
for the time being in force in or outside India;
r) Directly or indirectly, offer, attempt to
offer, trade or attempt to trade in any item, the dealing of which is
prohibited or restricted in any manner under the provisions of any applicable
law, rule, regulation or guideline for the time being in force.
s) Create liability for us or cause us to lose
(in whole or in part) the services of our internet service provider
("ISPs") or other suppliers;
While we shall not be held liable or answerable
to Users for any such acts on your part, violation of this clause would lead to
potential criminal legal action against you, either by other Users of the
Website/App or by us.
We can (and You hereby expressly authorize Us
to) disclose any information about you to law enforcement or other government
officials, as we, in our sole discretion, believe necessary or appropriate in
connection with the investigation and/or resolution of possible crimes,
especially those that may involve personal injury. You understand that we have
the right at all times to disclose any information (including the identity of
the persons providing information or materials on the Website/App) as necessary
to satisfy any law, regulation or valid governmental request. This may include,
without limitation, disclosure of the information in connection with
investigation of alleged illegal activity or solicitation of illegal activity
or in response to a lawful court order or subpoena.
We have no obligation, to monitor the material
posted on the Website/App. We shall have the right to remove or edit any
content that in its sole discretion violates, or is alleged to violate, any
applicable law or either the spirit or letter of these Terms of Service.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF
THE MATERIALS YOU POST ON THE WEBSITE/APP. In no event shall we assume or have
any responsibility or liability for any Content posted or for any claims,
damages or losses resulting from use of Content and/or appearance of Content on
the App. You hereby represent and warrant that you have all necessary rights in
and to all Content which you provide and all information it contains and that
such Content shall not infringe any proprietary or other rights of third
parties or contain any libelous, tortuous, or otherwise unlawful information.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY:
11.1 All information, Products and services
included on or otherwise made available to you through this Website/App are
provided by Genericure.in on an "as is" and "as available"
basis, either expressed or implied, we specifically disclaim warranties of any
kind to the extent allowed by the applicable law. You expressly agree that your
use of this Website/App is at your sole risk.
11.2 Genericure.in assumes no responsibility
for any damages or viruses that may infect your computer equipment or other
property on account of your access to, use of, or browsing in this site.
11.3 Genericure.in has exerted reasonable
efforts to ensure that all information published on the Website/App is accurate
at the time of posting; however, there may be errors in such information for
which we shall have no liability. We reserve the right to remove or alter any
of the information contained on the Website/App at our sole discretion.
11.4 Genericure.in cannot guarantee the
adequacy, currency or completeness of the Website/App content. Genericure.in
does not warrant or endorse the effectiveness, quality or safety of the
Products available on its Website/App.
11.5 We disclaim responsibility for any harm to
persons resulting from any instructions or Products referred to in the
Website/App. Genericure.in is not associated with any manufacturer of
medicines or other products on the Website/App. We do not warrant that the
Website/App, or its content will meet your requirements.
11.6 Please note that while Genericure has made
every effort to accurately display the colours of products on its Website/App,
the actual colour you see will depend on your monitor. We cannot guarantee that
your monitor's display of any colour will be the same as the colour of the
Products delivered to you.
11.7 We may let you view our information and
communicate with us through the Social Media services such as Facebook and
Twitter. Genericure explicitly disclaims any responsibility for the terms of
use and privacy policies that govern these third-party websites, which are in
no way associated with us.
11.8 Genericure.in accepts no responsibility
for any loss or damage suffered due to your reliance on the product reviews posted
by the Genericure Users.
11.9 Genericure.in reserves the right to modify
or withdraw any part of the website/App or any of its content at any time
without notice.
12. APP/WEBSITE AVAILABILITY:
We take all reasonable care to ensure the availability
of the Genericure.com Website/App 24 hours every day, 365 days per year.
However, the Website/App may become temporarily unavailable due to maintenance,
server or other technical issues, or for reasons beyond our control.
Genericure.com does not warrant uninterrupted access to this Website/App or any
linked website/App. However, we may, but shall not be obliged to, issue a
notice when we know of scheduled maintenance of our Website/App.
13. LINKS TO THIRD-PARTY WEBSITES:
We provide link to third-party websites, our
online payment service partners, which process your Net Banking and
Credit/Debit Card payments, respectively. We are not responsible for the
availability or proper functioning of such linked pages or sites, and we will
not be held responsible for any loss or inconvenience encountered as a result
of using such Website link.
14. TERMS OF SALE:
14.1 Genericure.in may accept or decline any
order placed by a Customer in its absolute discretion without liability to
you.
14.2 Genericure.in reserves the right to
discontinue any program or offer on its Website/App.
14.3 We reserve the right, without prior notice,
to limit the order quantity of any Products available on Genericure.in
14.4 We acknowledge and you agree that you have
fully and accurately disclosed your personal information and personal health
information and consent to its use by the Pharmacy Genericure and/or its
affiliates. You confirm that you have had a physical examination by a physician
and do not require a physical examination.
14.5 You understand that all Products shall be
sold & dispensed by a registered Pharmacist at Genericure and/or its
affiliates.
14.6 If you are the patient/parent/authorised
person on behalf of the patient, you authorise and appoint the Pharmacy
Genericure and/or its affiliates, as your attorney and agent, to take all
steps, sign all documents and to act on your behalf as if you were personally
present and acting for yourself for the limited purposes of (a) obtaining a
valid prescription for any prescription which you have sent the Pharmacy; and
(b) packaging your prescriptions and delivering them to you. By making this
purchase you hereby authorise Genericure and/or its affiliates to ship the
order by Post/courier to your designated location. This authorisation shall
include, but not be limited to: collecting and using your personal and personal
health information as reasonably necessary for the fulfillment of your order.
"YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE
BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL
REPRESENTATIVES."
14.7 "If you are the parent/legal
guardian/authorised person for the patient disclosed herein, you affirm that
you are over the age of majority, and have full authority to sign for and
provide the above representations to the Pharmacy Genericure and/or its
affiliates on the Patient's behalf."
15. PRESCRIPTION MEDICATION POLICY:
15.1 Genericure.in, a fully licensed and
regulated pharmacy, takes all precautions to strictly abide by the laws and
regulations set forth in the dispensing of prescription medications. By placing
the order for your prescription medicines, you acknowledge and accept the
following terms regarding the purchase of any prescription medicines.
15.2 Genericure.in will not dispense any
prescription medication without a valid prescription from a licensed
physician.
15.3 If you are ordering prescription
medication(s), you hereby confirm that you will send us a scanned copy of your
valid prescription(s) via email, fax, Whatsapp, or by post, and this
prescription shall then be subject to the scrutiny of and approval by our
qualified Pharmacists.
15.4 If our pharmacists have any questions or
concerns about the prescription(s) you hereby authorize them to consult with an
external network of doctors about the validity of the prescription.
15.5 The drug information provided in the
Genericure.in is for informative purposes only and this Website/App is not
intended to provide diagnosis, treatment or medical advice. We are not liable
for any adverse effects or harm to you as a result of your reliance on the
information in the Website/App.
15.6 Genericure requires either the User or
Customer or the Caregiver to confirm he/she is completely aware of the indications,
side effects, drug interactions, effects of missed dose or overdose of the
medicines he/she orders from us. It is imperative to seek professional advice
from your physician before purchasing or consuming any medicine from
Genericure.in
15.7 At Genericure.in, a Caregiver can order
prescription medicines on your behalf.
16. CANCELLATION, RETURN AND REFUND POLICY:
Refund Policy:
At Genericure.in, we do our best to ensure that
you are completely satisfied with our products. And we are happy to issue a
full refund based on the conditions listed below:
Full Refund Possible If:
• you received a defective item;
• the ordered item(s) is lost or damaged during
transit;
• the ordered item(s) is past its expiry
date.
• payment made online & medicines not delivered, on succesful return to the origin.
How to Request a
Refund:
To request a refund, simply email us your order
details, including the reason why you're requesting a refund. We take customer
feedback very seriously and use it to constantly improve our quality of
service.
Return Policy:
We do our best to ensure that the products you
order are delivered according to your specifications. However, should you
receive an incomplete order, damaged or incorrect product(s), please notify
Genericure Customer Support immediately or within 10 working days of receiving
the products, to ensure prompt resolution. Please note that Genericure.in will
not accept liability for such delivery issues if you fail to notify us within
10 working days of receipt.
We also understand that various circumstances
may arise leading you to want to return a product or products that are not
defective. In these cases, we may allow the return of unopened, unused products
after deducting a 30% cost of the total medicines or Rs. 250 whichever is higher as restocking charge, ONLY if you notify us within 30
working days of receipt.
Return Policy Exceptions:
Please note that we are unable to offer
replacements or exchanges for the following product categories: Injections,
Health Monitor & Equipments and Ortho Support. Also, Genericure.in
reserves the right to refuse returns (or refunds) for certain products, as
marked in the respective product pages as "Note: This item cannot be returned
for a refund or exchange."
17.CANCELLATION POLICY
Upon placing the order, if you would like to cancel it, you can do so by signing in to your account order history section of the website, while the order status is in a created state.
If the request is received prior to the order being shipped, a complete refund will be made.
Once the order is shipped, cancellations are treated as returns and the process outlined in the returns section will be applicable.
18. LOCATION:
Currently we provide the phone call service in India. For the same please contact us at support@genericure.com.
19. COPYRIGHTS, TRADEMARKS AND OTHER
INTELLECTUAL PROPERTY RIGHTS:
19.1 As per the Terms and Conditions of
Genericure.in, the Website/App grants access to Users/Customers to view the
content solely for visiting, ordering, and communicating only. All materials in
this Website/App, including, but not limited to, images, illustrations, text,
logos and page headers, that are part of this Website/App are copyrights and/or
other intellectual properties owned by Genericure. All
other trademarks not owned by Genericure.in that appear on this Website/App are
the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Genericure.in.
19.2 You hereby agree that you will not
reproduce, duplicate or copy the content of Genericure.in for any purpose,
unless you have been specifically permitted to do so in a separate agreement
with this Website/App.
20. USER INDEMNIFICATION:
You hereby agree to indemnify, defend, hold
harmless Genericure.in and its officers, directors, employees, agents,
information providers, partners, licensors, advertisers and suppliers from and
against all claims, losses, expenses, damages and costs, including reasonable
legal fees and costs, resulting from any violation of this agreement, or any
activity related to your account, or any information or material you have
submitted or will submit to us in violation of any law or in breach of any
third party rights (including, but not limited to, claims in respect of
defamation, invasion of privacy, or infringement of any other intellectual property
right). We reserve the right to exclusively defend and control any claims
arising from the above and any such indemnification matters, and you hereby
agree to cooperate fully with us in asserting any available defenses.
21.COMPLIANCE WITH LAWS:
The User of the Website/App shall comply with
all the applicable laws including without limitation to Foreign Exchange
Management Act, 1999 and the rules made and notifications issued there under
and the Exchange Control Manual as may be issued by Reserve Bank of India from
time to time, Customs Act, Information and Technology Act, 2000 as amended by
the Information Technology (Amendment) Act 2008, Prevention of Money Laundering
Act, 2002 and the rules made there under, Foreign Contribution Regulation Act,
1976 and the rules made there under, Income Tax Act, 1961 and the rules made
there under, Export Import Policy of government of India) applicable to them
respectively for using Payment Facility and the website/App.
22. APPLICABLE LAW AND JURISDICTION:
These Terms and Conditions and your use of this
Website/App and its content will be governed by and construed in all respects
in accordance with the laws of India subject to the jurisdictional courts of Nagpur.
23. DISPUTE RESOLUTION:
These Terms of Service will be governed by and
construed in accordance with the laws of India without regard to its conflicts
of law provisions. Any failure of the Website/App/ Company to enforce or
exercise any provision of this Agreement or related right shall not constitute
a waiver of that right or provision. The section titles used in this Agreement
are purely for convenience and carry with them no legal or contractual effect.
In the event of termination of this Agreement for any reason, you agree the
following provisions will survive: the provisions regarding limitations on your
use of Content, the license(s) you have granted to the Website/App/Company, and
all other provisions for which survival is equitable or appropriate.
In the case of a conflict between these terms
and the terms of any electronic or machine readable statement or policy, these
Terms of Service shall prevail. Similarly, in case of a conflict between these
terms and our Privacy Policy, these Terms of Service shall prevail.
All disputes involving but not limited to rights
conferred, compensation, refunds, and other claims will be resolved through a
two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed
to by the Parties that the contents of this Section shall survive even after
the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the
parties, the Parties will attempt to resolve the same amicably amongst
themselves, to the mutual satisfaction of both Parties. In the event that the
Parties are unable to reach such an amicable solution within thirty (30) days
of one Party communicating the existence of a dispute to the other Party, the
dispute will be resolved by arbitration, as detailed here in below;
b) Arbitration. In the event that the Parties
are unable to amicably resolve a dispute by mediation, said dispute will be
referred to arbitration by a sole arbitrator to be appointed by the Company,
and the award passed by such sole arbitrator will be valid and binding on both
Parties. The Parties shall bear their own costs for the proceedings, although
the sole arbitrator may, in his/her sole discretion, direct either Party to
bear the entire cost of the proceedings. The arbitration shall be conducted in
English, and the seat of Arbitration shall be the city of Nagpur in the state
of Maharashtra, India. The Parties expressly agree that the Terms, Policy and
any other agreements entered into between the Parties are governed by the laws,
rules and regulations of India, and that the Courts at Nagpur shall have
exclusive jurisdiction over any disputes arising between the Parties.
24. SEVERABILITY:
If any provision of these Terms and Conditions
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these Terms and Conditions and shall not affect
the validity and enforceability of any remaining provisions.
25. DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE/APP, SERVICES AND OTHER MATERIALS
ARE PROVIDED BY THIS WEBSITE/APP IS ON AN "AS IS" BASIS WITHOUT
WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY
THAT:
(I) YOUR REQUIREMENTS WILL BE MET OR THAT
SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS
WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE/APP,
SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER
INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER
LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS,
MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL
OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/APP IS DONE
ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL
ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR
OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF
ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY
PRODUCT OR SERVICES.
26. SUBMISSIONS:
26.1 Genericure.in reserves sole discretion to
accept, edit or reject any and all materials you may send to us (collectively,
"Submissions") as part of the features in the Website/App, including
but not limited to, Ratings & Reviews, Ask Our Pharmacist Your Questions
and Testimonials. Such Submissions should not be offensive on moral, religious,
racial or political grounds or of an abusive, indecent, threatening, unlawful,
obscene, defamatory, menacing or otherwise objectionable nature. Transmitting
such offensive materials may violate relevant laws, regulations and ethics of
pharmacy.
26.2 Genericure.in shall be deemed to own all
known and hereafter existing rights of every kind and nature regarding the
Submissions. By posting, uploading, inputting or providing your Submissions,
you hereby grant unrestricted use of the Submissions for any purpose, without
compensation to you, including a non-terminable, royalty-free and non-exclusive
license to use, copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
26.3 You also represent and warrant that your
Submissions will not infringe, misappropriate or violate a third party's
patent, copyright, trademark, trade secret, moral rights or other intellectual
property rights, or rights of publicity or privacy.
26.4 The User/Customer shall be prohibited to
introduce, post, or transmit any information or software, which contains a
virus, worm or other harmful components into the Genericure.in
Website/App.
26.5 Genericure.in does not endorse and is not
responsible for any Submissions on its Website/App. We will not be liable for
any loss or harm caused by the Submissions or your reliance on the information,
including but not limited to, statements, opinions and reviews posted by the
Users/Customers, which may be inaccurate, offensive, obscene, threatening or
harassing.
27. DISCLAIMERS
Please consult physician before taking generic substitutes of prescribed medicines.Genericure will not be liable for any side effects with generic medicines,
28. INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
THIS WEBSITE/APP INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND
EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES,
DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN
CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR
INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF,
ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR
AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF
USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY
THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE
WEBSITE/APP, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR
VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER,
INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL WE, OR OUR OFFICERS,
DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES
WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING
BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY
OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE
WEBSITE/APP, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS
SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
29. TERMINATION:
You agree that Genericure.;in, in its sole discretion
and for any or no reason, including without limitation if you breach these
Terms and Conditions, may terminate your access to and use of the Website/App,
at any time. You agree that any termination of your access to the Website/App
or suspension of your account may be effected without prior notice, and you
agree that Genericure.in shall not be liable to you for any such termination.
Your right to use the Genericure Website/App /Service immediately ceases upon
termination of your access/use of the Website/App.
30. CHANGES TO THESE TERMS AND CONDITIONS:
We reserve the right to amend these terms and
conditions from time to time without further notice to you. Any such amendments
we make shall be effective once we post a revised version of these Terms and
Conditions on the Website/App. It is your responsibility to review the
Genericure.in Terms and Conditions regularly. Your continued use of the
Website/App following the publication of any such changes will constitute your
agreement to follow and be automatically bound by the amended terms and
conditions.
31. MISCELLANEOUS
We reserve the right to change these Terms of
Service at any time without notice in its discretion and to notify users of any
such changes solely by changing this Terms of Service. Your continued use of
the Website/App after the posting of any amended Terms of Service shall
constitute your agreement to be bound by any such changes. Your use of this
Website/App prior to the time this Terms of Service was posted will be governed
according to the Terms of Service that applied at the time of your use.
We may modify, suspend, discontinue or restrict
the use of any portion, including the availability of any portion of the
Content at any time, without notice or liability. We may deny access to any
person or user at any time for any reason. In addition, we may at any time
transfer rights and obligations under this Agreement to any affiliate,
subsidiary or business unit, or any of their affiliated companies or divisions,
or any entity that acquires us or any of their assets.
We hereby reserve the right to block usage of
the Website/App if any breach of the Terms of Service is caused by a User. This
can in no way be construed as a waiver of any legal right under Indian law to
claims any damages or initiate any legal proceedings against the User.
Contact Information
For any questions,related to terms & conditions contact us at support@genericure.in