Terms And Conditions
If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at firstname.lastname@example.org. If a User has any questions concerning 91healthcap, the Portal, this Agreement, or anything related to any of the foregoing, 91healthcap can be reached at the following email address - email@example.com or via the contact information available from the following hyperlink: http://91healthcap.com/pages/contact
As part of the registration process, 91healthcap collects the following personal information from the Users:
Name, User ID, Email address, Address (including country and ZIP/postal code), Gender, Age, Phone number, Password chosen by the User Or can be registered himself or herself through their facebook or google+ account.
User Information may also be converted to physical form from time to time. Regardless of the manner of storage, 91healthcap will keep all User Information confidential, and will only disclose End User Information in the following manner:
91healthcap makes all User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
Part of the functionality of the Portal is assisting the Sellers to maintain and organise such information to effect sale and purchase of products. 91healthcap may, therefore, retain and submit all such records to the appropriate authorities, or to Sellers who request access to such information.
Part of the functionality of the Portal is assisting the Users to access information relating to pharmaceutical products. 91healthcap may, therefore, retain and submit all such records to the relevant Users.
Notwithstanding the above, 91healthcap shall not be responsible for any breach of security or for any actions of any third parties that receive Users' personal data or events that are beyond the reasonable control of 91healthcap including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
SAFETY OF CUSTOMER DATA
Regulation 4 of the Information Technology Rules, 2011 (the "SPI Rules") and
Section 43A of the Information Technology Act, 2000
Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
The type of information collected from the visitors of the Portal and the Users, including sensitive personal data or information.
The purpose, means and modes of usage of such information; and
How and to whom 91healthcap will disclose such information.
All Visitors and Users Note:
Our section applies to all visitors and the Users.
Our User have limited access to the portal and utilize the Services without creating an account on the Portal. In order to have access to all the services on our Portal, a User may be required to first create an account here. To create an account a User is required to provide the following information like the User: name, User ID, email address, one address along country and ZIP/postal code, phone number, password chosen by the User or can register through their facebook or google+ account. Other information requested on the registration page, including the ability to receive promotional offers from 91healthcap, is optional. 91healthcap may, in future, include other optional requests for information from the User to help. Without User's agreement, 91healthcap will not share, rent or sell any personal information with third parties in any way other than required for our services.
User can access, modify, correct and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. If User updates any of his/her/its information, 91healthcap may keep a copy of the information which User originally provided to 91healthcap in its archives for uses documented herein. 91healthcap takesUser's rights seriously and encouragesUser to use them if User deems this to be appropriate. User may exercise these rights by emailing 91healthcap at firstname.lastname@example.org. As the communications standards on the Internet, when a User visits the Portal, 91healthcap automatically receive the URL of the site from which such User came and the site to which such User is going when he/she/it leaves. 91healthcap also receives the Internet Protocol (IP) address of each User's computer (or the proxy server a User used to access the World Wide Web), User's computer operating system and type of web browser the User is using, email patterns, as well as the name of User's ISP. This information is used to analyze overall trends to help 91healthcap improve its Service. The linkage between User's IP address and User's personally identifiable information is not shared with third-parties without such User's permission or except when required by law. Notwithstanding the above, 91healthcap may share some of the aggregate findings (not the specific data) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
91healthcap may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of Services, research and development and for User administration.
91healthcap allows other companies, to serve advertisements to the Users. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. 91healthcap may "target" some ads to User that fit a certain general profile. 91healthcap does NOT use personally identifiable information to target ads.
The Portal may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. 91healthcap hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.
91healthcap has implemented Indian legal industry standard security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.
91healthcap will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any Indian law or judicial decree
91healthcap addresses any discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, 91healthcap has designated a Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by sending a letter marked to the attention of Grievance Officer, 91healthcap to 91healthcap Private Limited, Plot 376, Bulk Market Phase XI Mohali, Punjab-160059 or sending an email to email@example.com
If a User uses the Service after notice of changes have been sent to such User or published on the Portal, such User hereby provideshis/her/its consent to the changed practices.
Casual Visitors Note
No sensitive personal data or informationis automatically collected by 91healthcapfrom any casual visitors of this Portal, who are merely perusing the site.
As part of the registration/application creation and submission process that is available to Users on this Portal, certain information, including sensitive personal data or information is collected from the Users.
If you have inadvertently submitted any such information to 91healthcap prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, stored or used, then you may access, modify and delete all information stored about You by 91healthcap by clicking on the "Edit Profile" link on the navigation bar of the Portal. In addition, any User can ask 91healthcap, by sending an email to firstname.lastname@example.org whether 91healthcap is keeping personal data about him/her, and every User is also entitled to require 91healthcap to delete and destroy all such information relating to him/her (but not other Users) in its possession.
Users' personally identifiable information they choose to provide on the Portal is used to help the Users describe / identify themselves. Other information that does not personally identify the Users as an individual, is collected by 91healthcap from Users (such as, patterns of utilization described above) and is exclusively owned by 91healthcap. 91healthcap may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. If 91healthcap wishes to use any User's personal data for a new purpose, it will seek such User's permission before doing so. 91healthcap will communicate with the Users through email and notices posted on the Portal or through other means available through the service, including text and other forms of messaging. The Users can change their e-mail and contact preferences at any time by logging into their "Account" at www.91healthcap.com and changing the account settings.
At times, 91healthcap conducts a User survey to collect information about Users' preferences. These surveys are optional and if Users choose to respond, their responses will be kept anonymous.
All 91healthcap employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every User's sensitive personal data and information. 91healthcap may also disclose or transfer User's personal and other information a User provides, to another third party as part of reorganization or a sale of the assets of a 91healthcap corporation division or company. Any third party to which 91healthcap transfers or sells its assets will have the right to continue to use the personal and other information that a User provide to us. To the extent necessary to provide Users with the services on the Portal, 91healthcap may provide their Personal Information to third party contractors who work on behalf of or with 91healthcap to provide Users with such services, to help 91healthcap communicate with Users or to maintain the Portal. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Portal, including the providers of online communications services, will have rights to use and disclose the personal information collected in connection with the provision of these services in accordance with their own privacy policies.
You must be 18 years of age or older to register, use this computer resource, or visit or use the Portal in any manner. By registering, visiting the Portal or accepting this Agreement, you represent and warrant to 91healthcap that you are 18 years of age or older, and that you have the right, authority and capacity to use the Portal and agree to and abide by this Agreement. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to: the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
91healthcap authorizes the User to view and access the content available on or from the Portal solely for visiting, ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Portal, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Portal (collectively, "91healthcap Content"), are the property of 91healthcap and are protected under copyright, trademark and other laws. User shall not modify the 91healthcap Content or reproduce, display, publicly perform, distribute, or otherwise use the 91healthcap 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.
Services and use of Portal
The content of the Portal, 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 heath 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 Portal, whether provided by 91healthcap, its content provides, visitors to the Portal or others, is solely at Your own risk.
91healthcap 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 Portal. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
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. 91healthcap 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.
Sellers must be legally able to sell the item(s) such Seller offers for sale on the Portal. Sellers 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.
The Sellers represent and confirm that such Seller shall be the sole and exclusive legal owner of all items, goods or products of any description that they wish to offer for sale on the Portal. Sellers shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. Sellers shall not, either alone or in conjunction with other Sellers, manipulate or attempt to manipulate the prices of any item or services being sold on the Portal.
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 Portal. 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.
From time to time, Sellers shall be responsible for providing information relating to the items or services offered by such Seller. In this connection, Sellers undertake that all such information shall be accurate in all respects. Sellers shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner. Sellers shall not offer any habit forming or narcotic medications, also known as scheduled drugs or controlled substances in some countries.
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 91healthcap to use the information for the purpose of providing the Services.
91healthcap provides Services through the Portal, which is a platform that facilitates the online sale of pharmaceutical products by seller and other services offered hospitals, doctors, Laboratories and diagnostic centres .You understand and agree that 91healthcap and the Portal merely provides hosting services to its Users and persons browsing / visiting the Portal. All items advertised / offered and the contents therein are advertised and offered by Sellers and are third party user generated contents. 91healthcap neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects the information contained in the transmission. 91healthcap has no control over the third party user generated contents.
The Portal is only a platform through which Users may meet and interact with Sellers for their transactions. 91healthcap is not and cannot be a party to or control in any manner any transaction between the Users of the Portal and the Sellers.
All commercial / contractual terms are offered by and agreed to between buyers and Sellers 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. 91healthcap 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. 91healthcap does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Sellers. You are advised to independently use Your best judgment in that behalf.
91healthcap is not responsible for any non-performance or breach of any contract entered into between buyers and Sellers. 91healthcap cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Portal. 91healthcap shall not and is not required to mediate or resolve any dispute or disagreement between buyers and Sellers. 91healthcap does not make any representation or warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Portal. In particular, 91healthcap does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Portal. 91healthcap accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
91healthcap does not at any point of time during any transaction between buyer and Seller on Portal 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. 91healthcap 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. All items are offered only for a restricted time and only for the available supply. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller.
91healthcap may, at its sole discretion, suspend User's ability to use or access the Portal at any time while 91healthcap investigates complaints or alleged violations of this Agreement, or for any other reason.If Users find any wrong information on the Portal in relation to such User, they can correct it themselves or contact 91healthcap immediately for such corrections.91healthcap shall have no liability or responsibility in this regard.
Payment, Fees and Taxes
Registration on the Portal and the information is free. 91healthcap does not charge any fee for browsing and buying on the Portal. The User agrees to make all payments directly to the respective Seller for purchase of products from such Seller. 91healthcap is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of 91healthcap. 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. 91healthcap shall not be responsible for any act or omission on the part of such collection agents as 91healthcap exercises no control over such third parties.
Each User / member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. 91healthcap is in no way responsible for any of the taxes.
Collection, Use, Storage and Transfer of Personal Information
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information; and
How and to whom 91healthcap will disclose such information.
the fact that the information is being collected
the purpose for which the information is being collected
the intended recipients of the information
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
91healthcap 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 91healthcap or any Seller.
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 91healthcap of any actual or suspected unauthorized use of the User's account or password.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or 91healthcap has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 91healthcap has the right to suspend or terminate such account at its sole discretion.
As mandated by Regulation 3(2) of the IG Rules, 91healthcap hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that — Belongs to another person and to which the User does not have any right to.
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.
harm minors in any way;
infringes any patent,trademark, copyright orother proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin ofsuch messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computercode, files orprograms designed to interrupt, destroy or limit the functionality of any computer resource;
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;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognisable offence or prevents investigation of any offence oris insulting any other nation.
The User is also prohibited from violating or attempting to violate the integrity or security of the Portal or any 91healthcap Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Portal that is disruptive or competitive to the provision of Services by 91healthcap;
intentionally submitting on the Portal any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Portal;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Portal;
copying or duplicating in any manner any of the 91healthcap Content or other information available from the Portal;
framing or hot linking or deep linking any 91healthcap Content.
The User shall not hold 91healthcap responsible or liable in any way for any disclosures by 91healthcap under Regulation 6 of the SPI Rules.
The Services provided by 91healthcap or any of its licensors or providers 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). 91healthcap does not provide or make any representation, warranty or guaranty, express or implied about the Portal or the Services. 91healthcap does not verifies any content or information provided by the Sellers on the Portal and to the fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Portal, the Services, the 91healthcap Content, representations and warranties made by the Sellers or the content or information provided by such Seller on the Portal or any opinion or suggestion given or expressed by 91healthcap or any Seller in relation to any User or Services provided by 91healthcap.
The Portal may be linked to the Portal of third parties, affiliates and business partners. 91healthcap has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Portals or made available by/through our Portal. Inclusion of any link on the Portal does not imply that 91healthcap endorses the linked site. User may use the links and these services at User's own risk.
91healthcap assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infectUser's equipment on account of User's access to, use of, or browsing the Portal or the downloading of any material, data, text, images, video content, or audio content from the Portal. If a Useris dissatisfied with the Portal, User's sole remedy is to discontinue using the Portal.
In no event, including but not limited to negligence, shall 91healthcap, 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 Portal or the content, materials and functions related thereto, User's provision of information via the Portal, 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 Portal.
In no event shall the protected entities be liable for failure on the part of the Sellers 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.
The listing of Sellers on the Portal is based on numerous factors including User's comments and feedbacks. In no event shall the protected entities be liable or responsible for the listing order of Sellers on the Portal.
User agrees to indemnify and hold harmless 91healthcap, its affiliates, officers, directors, employees, consultants, licensors, 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 Portal, 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. 91healthcap 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.
Term, Termination and Disputes
This Agreement will remain in full force and effect while the Useris a user of the Portal in any form or capacity.
The User can terminate his/her/itsmembership with 91healthcap at any time by providing prior written notice to email@example.com
91healthcap reserves the right to terminate any account in cases:
91healthcap is unable to verify or authenticate any information provide to 91healthcap by a User; or
91healthcap believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for 91healthcap or are contrary to the interests of the Portal.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Portal under the same account, a different account or re-register under a new account.
91healthcap 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.
91healthcap reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User'scontent from the Portal and immediate termination of the User'saccount with or without ability to access the Portal and the other Services, upon any breach by the User of this Agreement or if 91healthcap is unable to verify or authenticate any information the User submits to 91healthcap, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for 91healthcap to provide the Services to the User.
This Agreement and any contractual obligation between 91healthcap and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Chandigarh.
All disputes will be subject to arbitration in Chandigarh in English by a single arbitrator appointed by 91healthcap under the Arbitration and Conciliation Act, 1996.
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
Severability & Waiver Contact Information