Terms & Conditions

TERMS OF USE


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 a computer resource.


1. GENERAL


a) Welcome to www.Quikpills.com (hereinafter referred to as "Website"), an online shopping portal for medicines and healthcare products owned and operated by QUIKPILLS WELLTECH PRIVATE LIMITED, a Company having its registered office at G-17, Bala Ji Tower 2, Sector 5, Vidyadhar Nagar, Jaipur, Rajasthan – 302039, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.

b) For the purpose of these Terms of Use, wherever the context so requires, 

i) The term "You" or "User" shall mean any natural or legal person or entity including accessing or using the services provided on this Website;

ii) The term "We", "Us", "Our" shall mean the website and/or the firm , as per the context.

iii) The term “Customer” means any natural or legal person or entity using the website in order to get connected with the seller. 

iv) The term “Seller” means any natural or legal person or entity selling medicine and healthcare products through the website. The term ‘Seller’ includes manufacturers, distributors, retailers and marketing companies/ firms.

c) The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained within them in any manner. Further, the headings have no legal or contractual value.

d) The use of this Website by You is governed by this Terms of Use and any policy so mentioned by these Terms. Moving past home page, or using any of the services shall be taken to mean that you have read and agreed to be bound by all of the policies and terms. 

e) You are advised to read these Terms carefully before entering into any transaction on the website. Once You accept these Terms, it will be a legally binding agreement between You and the website, and you will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. 

f) We reserve the sole right to modify the Terms of Use without prior permission or intimation to You. You have a duty to periodically check the terms and stay updated on its requirements.  If You continue to use the website following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.

2. ELIGIBILITY

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Website if you are not competent to contract under the Indian Contract Act, 1872 and any other applicable laws, rules and regulations.


3. TERM

This Agreement shall continue to be in full force and effect as long as you access and use the Website. 


4. TERMINATION

Either You or We may terminate the agreement at any time, with or without cause. However, We reserve the right, in our sole discretion, to terminate your access to the products and services offered on the Website or any portion thereof at any time, without notice.


5. WEBSITE 

The Website provides service subscription for delivery of medicines and healthcare products. The Website facilitates Users to book their medicines and healthcare products online. The users can view the product details, images displayed and then place order. Upon the order being confirmed, the products will be delivered at the address of the User.  


6. COMMUNICATIONS

By using this Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from us at any time with the use of the contact information that has been provided by you for the use of this website subject to the Privacy Policy. This includes contacting you through information received through other parties. This consent to be contacted is for purposes that include and are not limited to clarification, marketing and promotional calls, e-mails and messages. In case you wish to stop being contacted by Us for the same, you may send us an e-mail to the effect at Care@QuikPills.Com.


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 this document and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made. 


The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out Your contact information to third parties not connected with the Website. 


7. CHARGES

The membership of this website is free of cost and this includes the browsing of the site and the use of the services. You would only have to pay for the products purchased. However, we reserve the right to amend this no-fee policy and charge for any or all services rendered. In a case that such happens, users will be intimated of the same when they try to access the website, and it will be up to you to decide whether or not to continue with services offered by us. Such changes are effective as soon as they are posted on the Site. 


8. MODE OF PAYMENT 


The following payment options are available on the Website: 


a) Domestic and international credit cards issued by banks and institutions that are part of Visa, Master card & Amex Card

b) Visa Debit cards

c) Net banking/Direct Debit payments from selected banks in India. A list of banks is available at the time of ‘checkout’

d) Cash on delivery


As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will be required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format. To place an order, you will need to complete the transaction on the website. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the site or on phone, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the website or affiliated websites (where specifically referred to such affiliated websites).


After you have made your selection and added products to your shopping cart, you need to proceed to the checkout section. At this point, you will be asked for address and other contact information as well as payment related information.  Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on product availability and completion of logistics operations related to the same.


9. SECURITY

Transactions on the Website are secure and protected. Any information you enter when transacting with the Website is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorized and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.


10. USER OBLIGATIONS


You are a restricted user of this website. 


a) 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. 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 is not permitted.

b) You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. 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 Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, 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. You acknowledge and agree that by accessing or using the Website 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. Further, You may report such offensive content.

c) In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws.

d) Further, You undertake not to: 

i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

ii. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

iii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

iv. 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 whatever; 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;

v. Post any file that infringes the copyright, patent or trademark of other legal entities. 

vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

vii. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, 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;

ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

x. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

xi. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;

xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

xiii. Violate any applicable laws or regulations for the time being in force within or outside India;

xiv. Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;

xv. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; 

xvi. 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 prevent investigation of any offence or is insulting any other nation.

xvii. Publish, post, disseminate information that is false, inaccurate or misleading; 

xviii. Violate any applicable laws or regulations for the time being in force in or outside India; 

xix. 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.

xx. 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;

xxi. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. 


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. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. 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) 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 materials posted on the Website. We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. 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 Website. 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. SUSPENSION OF USER ACCESS AND ACTIVITY 


Notwithstanding other legal remedies that may be available to us, we may in our sole discretion limit user access and/ or activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the Site.


If the User is in breach of any of the terms and conditions of this Agreement.

If the User has provided wrong, inaccurate, incomplete or incorrect information;

If your actions may cause any harm, damage or loss to other users or to us.


12. INDEMNITY AND LIMITATIONS


You agree to defend, indemnify and hold harmless the website and the firm, its employees, partners, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of Your actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this Agreement or arising out of the infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.


In no event shall we 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, services or materials.


The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. 


13. INTELLECTUAL PROPERTY RIGHTS 


Unless we have otherwise agreed, nothing herein gives the user a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the website and other distinctive brand features of the Website are a property of the firm. Furthermore, with respect to the Website created by the firm, the firm shall be the exclusive owner of all the designs, graphics and the like, related to the Website. 


You may not use any of our intellectual property in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us in any way.


14. DISCLAIMER OF WARRANTIES AND LIABILITIES


a) Except as otherwise expressly stated with respect to our products, all contents of the site are offered on an "as is" basis without any warranty whatsoever either express or implied.

b) We make no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.

c) You agree and undertake that you are accessing the Website and transacting at Your sole risk and are that You are using your best and prudent judgment before accessing or using any information on the Website.  

d) The Website and the firm accept no liability for any errors or omissions, whether on behalf of itself or third parties.

e) We do not guarantee that the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or defects will be corrected even if we are aware of them.


15. SUBMISSIONS


We welcome your suggestions and comments regarding your experience using our Website.  Any comments, ideas, suggestions, initiation, or any other content you contribute to the firm  or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for the firm  to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by the firm will not infringe upon or violate the rights of any third party.


16. DISPUTE RESOLUTION AND JURISDICTION


The formation, interpretation and performance of this Agreement and any disputes arising out of it will be resolved through a two-step Alternate Dispute Resolution mechanism.


a) Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as the sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the firm reserves the right to decide the final mediator. The parties in good faith will attempt to bind by the decision.


b) Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration proceedings shall be presided over by a Sole Arbitrator, to be appointed by the firm. The arbitration shall take place at Delhi and shall be conducted in English. The award as the outcome of the arbitration is final and binding on both parties. 


In the event of the dispute resolution mechanism failing, the matter shall be governed by the law, rules and regulations of Jaipur, Rajasthan, India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Jaipur, Rajastha, India, and you hereby submit to the personal jurisdiction of such courts. 


17. MISCELLANEOUS PROVISIONS


a) Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.

b) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

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