Terms & Conditions
You understand that this document is an electronic record in terms of the Information Technology Act, 2000, the rules thereunder as applicable and any amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. You further understand that this electronic record is generated by a computer system and does not require any physical or digital signatures for verification.
In this document, the words "you", "your", “user” and “visitor” refer to each customer, Website visitor, or Application user. The words "we", "us" and "our" refer to Vibcare Solutions.
OWNERSHIP AND USE
You understand that the domain www.Aagam Medicare.com (from hereon referred to as “site” or “website”) is owned and operated by Vibcare Solutions, a Partnership Firm incorporated under the Partnership Act, 1932, having its registered office at Panchkula, Haryana (from hereon referred to as the “Company”).
You further understand that these Terms and Conditions form the basis of Your “use” of the Website under which the Company offers You. This includes, but is not limited to, information, services offered through the site, various questionnaires, downloadable forms and other materials provided for downloading, other products and other services (collectively referred to as “Services” from hereon). As long as You comply with these Terms and Conditions, the Company grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. PLEASE DO NOT USE THE WEBSITE UNLESS YOU AGREE TO THESE TERMS AND CONDITIONS
You understand that the term “use” is to be construed very broadly herein, including, but not limited to, searching for the availability of an over-the-counter or prescription drug, ordering such over-the-counter or prescription drug, opting for the “Cost Effective Equivalence” service on the basis of a existing prescription, clicking on the Website’s links to browse through the search results or clicking on the Website’s links to browse through any information, registering on the Website by creating a username and password (login/signup), uploading content like prescriptions, medical reports etc, reviewing a service, making a purchase, providing feedback to the Website, signing up for a subscription or casually browsing through the Website at any time. This will under all circumstances constitute “USE” of the Website. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE IS TAKEN AS YOUR ACCEPTANCE TO THESE TERMS OF SERVICE. THEREFORE, PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE IN ANY WAY.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to You. It is Your responsibility to review these Terms and Conditions periodically for updates / changes. Your use of the Website following the posting of changes will mean that You accept and agree to such revisions.
YOUR OBLIGATIONS UNDER THE INDIAN CONTRACT ACT, 1872
Use of the website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the website. If You are a minor i.e. under the age of 18 years, You shall not register Yourself as a user on the website and shall not transact on or use the website. Vibcare Solutions reserves the right to terminate Your membership and / or refuse to provide You with access to the website if it is discovered that You are under the age of 18 years and are using the Website.
NATURE OF INFORMATION / PRODUCTS / SERVICES OFFERED
The Company runs an online portal for users who wish to order over-the-counter and prescription medicinal drugs online and conducts similarity searches for providing an option to purchase alternate medicines at a more affordable price through an automated software solution, whereby its users can opt for medicines containing the exactly same composition in terms of nature, quantity and quality of salts/ingredients forming a medicine.
You agree and understand that should you choose to use the Cost Effective Equivalence Policy option provided by the Company on its Website for prescription drugs, you will be required to provide the Company with a genuine and valid prescription in the prescribed format (See Valid Prescription Clause). On the basis of a valid and genuine prescription received from You, You will be issued a new prescription (from hereon referred to as “fresh prescription”) by a team of registered medical practitioners and pharmacists empanelled by the Company in this regard.
You agree and understand that the composition of the medicines issued under a fresh prescription will be exactly the same as the medicines listed in the prescription received from you in terms of composition i.e., the properties, quantity and quality of salts forming a medicine. There is no difference in the nature and composition of medicines listed in the prescription provided by You and the medicines provided under a fresh prescription for such prescription issued by the registered medical practitioners empanelled by the Company.
In addition to the above, the website also includes general information on commonly encountered medical issues. Such information published on the Website is for Your understanding and awareness only. It does not, in any way, act or substitute itself as professional medical advice. So please do not rely on it as professional medical advice. Should You choose to act on the medical information provided on the website, You may wish to consult an Doctor registered to practice in India to
corroborate the accuracy of the medical information published on the Website or Your interpretation of it. Should You rely on the information provided by the website, You do so at Your own risk and agree to hold the Company harmless in any action at law.
The Company strives to keep all information and documents displayed on the Website accurate, current and up-to-date. However, because the law and medicinal science change rapidly, the Company cannot guarantee that all of the information on the website is complete and current. The law is a personal matter, and no general information of the type the Company provides You can fit every circumstance. Furthermore, the medical information contained on the website is not medical advice and is not guaranteed to be correct, complete or up-to-date.
Further and without prejudice to anything said above under this Head, even though the Company strives to keep the Website up to date at all times, we disclaim all guarantees and warranties in respect of the accuracy of the search results displayed on the Website for alternate medicines. We recommend that You consult a Registered Medical Practitioner licensed to practice medicine in India for advice relating to the similarity of medicines. However, in case You wish to rely on the accuracy of the search results provided by the Website, You do so at Your own risk and You agree to hold the Company harmless in any action at law.
At the outset, you agree and fully understand that the Company and the Website do not, under any circumstances, sell or otherwise provide drugs listed in Schedule X of the Drugs and Cosmetics Act, 1940.
The criteria for a valid prescription under the Drugs and Cosmetics Act, 1940 and rules thereunder and any other law shall be complied with by you. In addition to the above, You agree and understand that the prescription must be self-attested by You with your initials and date written in Your running handwriting as of the day it is sent by You to the Company.
You agree and understand that the Company reserves the right to refuse to supply You with medicines, at its discretion and without stating any reasons therefore, in case it is not satisfied by the prescription provided by You or has reason to believe that the prescription provided by You is not a valid prescription.
You agree and understand that the Company and Website are not responsible for checking the genuineness and authenticity of the prescription received by You for the purpose of ordering medicines online or for opting the Cost-Effective Equivalence Option. You agree and understand that it is Your responsibility to provide genuine prescription obtained from a registered medical practitioner in India and containing an accurate diagnosis.
You understand that the use of a fake/doctored/forged/fabricated prescription in any manner on your part will make you liable for criminal prosecution under the relevant laws. Further, the company shall not be liable in any way in a situation where a drug or a medicine has been ordered from the Company and the Website on the basis of a fake/doctored/forged/fabricated prescription. Further, to ensure the physical safety of its customers and maintain impeccable records in respect of medicines ordered online by You, the Company does not accept prescription submitted by You on behalf of other persons and only accepts prescriptions for the patient who will be ultimately consuming the medicine.
SENSITIVE DRUGS POLICY
Certain prescription drugs, owing to their composition, depressant, stimulant and other properties are prone to misuse (i.e., being used for a purpose other than for which a medicine is prescribed) as well as drug abuse in the market.
To prevent such abuse or misuse of a drug that, in the opinion of the Company is sensitive i.e., prone to abuse or misuse at large, the Company and Website run an internal sensitive drugs policy wherein you agree and understand that a single prescription will be honored only for three times or for a period of six months.
You agree and understand that the Company reserves the right to refuse to supply drugs on a prescription used more than three times or after a period of six months, unless it is reconfirmed by a registered medical practitioner authorized to diagnose the patient.
You agree and understand that the Company is primarily an online pharmacy and does not in any way provide medical diagnosis to You or Your minor child/relative. The services provided by the Company to you are limited to sending medicines at your doorstep, either on the basis of a genuine prescription issued after thorough diagnosis as provided by You or on the basis of a fresh prescription issued by the medical team of the Company as part of the Cost-Effective Equivalence Option.
You agree and understand that We do not provide medical check-ups and tele-diagnosis of any kind. Any telephone calls and email communication to You from the Company or its authorized representatives are merely to verify the prescription provided by You and therefore, does not amount to a doctor-patient relationship between You and the Company. Therefore, if You need medical advice/diagnosis for Your specific problem, or if Your specific problem is too complex to be addressed by Our tools, We recommend that You consult a Registered Medical Practitioner licensed to practice medicine in India.
Vibcare Solutions and the Website is not a hospital or a physician in itself and therefore, Your communications with the Company do not amount to Physician-Patient relationship as envisaged under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Act, 2002 and therefore, no such obligations arise out of the services provided to you by the Company through its Website. Accordingly, Your use of the website does not create Physician-Patient relationship between You and the Company including its employees, directors and all other officials connected to it.
YOUR CONTACT INFORMATION
You understand that as per the various statutory regulations mandated by the Drugs and Cosmetics Act, 1940, Rules thereunder and Information Technology laws, every online purchaser of a medicine through the Website (You) has to provide a valid e-mail address, communication address and a mobile number where the Company and its authorised representatives can contact You directly regarding Your order.
When You sign up for an account on the website, You agree to provide Your genuine/valid e-mail address, communication address and Your mobile number. In case You provide an invalid e-mail address/mobile number (due to oversight or other reason) by way of which You suffer any loss in any manner (including delay/damage/loss of medicines ordered in part or completely and other incidental loss or consequences), You agree to hold harmless the Company for any such occurrences or related consequences thereof.
By registering Your e-mail address, communication address and mobile number on the website, You also consent to be contacted by us via email, phone calls and/or SMS notifications.
You further agree and understand that when you send emails to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and shall be treated as valid written communication.
For promotional purpose, the Company uses various marketing tools, including social media marketing and other viable fora. Please note and understand that these sections of the Website or third-party links displayed on the Website for promotional purposes are free peer-community forums. The Company disclaims any and all liability for any comments, postings, or other material provided by users of the website or the users of other social media links. The Company makes no explicit or implied warranties regarding any of the comments, postings, or other material provided by users of the third party links or the website. Furthermore, by using the Website and such other links as forming part of social media and promotions, You explicitly agree to disclaim and hold harmless the Company from any and all liability which may arise from Your use of Website and other such promotional links.
LIMITATION OF LIABILITY
In no event shall the Company, its officers, directors, employees, or agents be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use the website or materials available from the website, even if the Company has been previously advised of the possibility of such damage.
Notwithstanding, if there is liability found on the part of the Company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.
In the case of the use of a fake/doctored/forged/fabricated prescription in any manner by a Customer, it is the customer/consumer who shall be held responsible for such Acts, and no liability, civil or criminal, will flow to the Company and the Website.
Definition: 'Return' is defined as the action of giving back the item purchased by You through www.Aagam Medicare.com website. Following situations may arise:
Item was defective
Item was damaged during the Shipping
Products was / were missing
Wrong item was sent.
Return could also result in refund of money in most of the cases.
We encourage You to carefully review the medicines before making the purchase decision. In case You order a wrong item, You shall not be entitled to any return/refund.
You need to raise the refund request within 5 days from the date of delivery of products. Once You have raised a return request by contacting Us on Our Toll Free Number or Email, we will look into your request and resolve it at the earliest
In the event that we accept the return request raised by You, You will have to return the product and then the refund shall be credited to Your account.
Further for goods being returned by You to us, the following parameters needs to be ensured by You:
“The Goods Should be New, Unopened and Returned with Original Packaging”
If the product being returned is not in accordance with the above parameters, then You shall not be entitled to any refund of money from us.
Shipping cost for returning the product shall be borne and incurred by us.
Definition: Replacement is the action or process of replacing something in place of another. You can request for replacement whenever such conditions arise, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like
You need to raise the replacement request within 5 days from the date of delivery of products. Once You have raised a replacement request by contacting Us on Our Toll Free Number or Email provided on the Website, the following steps shall be followed:
You will be asked for "Reason for Return". The following are the conditions under which a Replacement request will be entertained:
Shipping was damaged
Item was defective
Item(s) were missing
Wrong item sent
In case your replacement request is found to be true and genuine, upon our request you shall be required to return the product to us and only after return of the product, we shallbe obliged to provide the replacement product to You.
In case we don't have the product at all, we will provide the refund to You and You shall be obligated to accept the refund in lieu of replacement.
Further for goods being sent by You to us, the following parameters needs to be ensured by You:
“The Goods Should be New, Unopened and Returned with Original Packaging”
If the product being returned is not in accordance with the above parameters, then You shall not be entitled to any refund of money or replacement from us.
All shipping and other replacement charges shall be borne and incurred by us.
DISCLAIMER OF GUARANTEE
The website, all materials made available through it as well as the products and services as well as the price offered for those services are provided to You on an “as is” and “as available” basis without any representations, warranties and guarantees attached to them regarding their availability, accurateness, timeliness or completeness. To the fullest extent possible, the Company disclaims all responsibility, liability, warranties of any kind and, whether express or implied, including, but not limited to, the accuracy of search results according to Your particular needs, the denial of medicines ordered by You using the website, for any reason stated or not stated by the Company or its authorised representatives, employees, directors and other officials.
The Company makes no warranty that: (a) the website, materials contained therein, applications, products and services offered by it will meet Your requirements; (b) the website, materials contained therein, applications, products and services offered by it will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the website, materials contained therein, applications, products and services offered by it, will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by You through the website, applications, or in reliance on the materials will meet Your expectations.
Obtaining any materials through the use of the website or applications is done at Your own discretion and at Your own risk. The Company shall have no responsibility for any damage to Your computer system or loss of data that results from the download of any content, materials, information or software through the website.
You agree to release, indemnify and hold the Company and its representatives, officers, employees, directors and other agents harmless from any and all kinds of losses, damages, expenses, claims, rights and actions arising out of or in any way connected with either Your access to or use of the website, materials contained therein, applications, products and services offered by it or any third party claims relating to Your breach of these Terms and Conditions or violation of any rights of a third party.
INTELLECTUAL PROPERTY RIGHTS
The Company provides a platform for common people to access and buy relevant medicines and their alternate brands. The relevant medicines and alternate brands displayed as a result of searches conducted by the Website are trademarks/servicemarks etc. of the respective third parties. The listing of these medicines on the Website does not certify any connection between the owner of the listed medicines and the Company. You are, therefore, required to obey the intellectual property rights of each third party while using the website. You agree to abide by all laws regarding use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by Your use of the website.
Furthermore, all the content displayed on every web page of the Website are the intellectual property of the Company including, but not limited to, illustrations, images, logos, graphics, information, audio and visual content, downloadable material such as forms, questionnaires, patient history, etc. and are protected by the relevant intellectual property laws. You agree to obey the law and respect the intellectual property of the Company while accessing, downloading (in a limited manner) and otherwise availing the services made available to You through the website.
You agree not to copy, reproduce, republish, upload post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly.
You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create any derivative works based on the service or the content You access on the Website, in whole or in part.
LIMITED PERMISSION TO DOWNLOAD
You have the permission to download, view, copy and print the materials available on the website on any single, stand-alone computer solely for Your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any content/material not be altered or removed, (ii) the content/material is not used on any other website or in a networked computer environment and (iii) the content/material is not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if You breach any of the terms stipulated in these Terms and Conditions.
AGREEMENT FOR BINDING ARBITRATION
Generally, transactions are conducted smoothly on www.Aagam Medicare.com. However, if any dispute arises between You and Vibcare Solutions (the “Company”) during Your use of the website or in connection with the validity, interpretation, implementation or in case of alleged breach of any provision of the Terms of Service, then You and the Company hereby agree to notify each other of the situation within a reasonable time frame. Both the parties will then endeavor to resolve any disagreements in a fair and amicable manner. Until a reasonable effort has been made by both sides to resolve the disagreement, both parties will be barred to seek arbitration as per below.
If however, the dispute does not stand resolved through mediation, then You and the Company both hereby agree that all disputes or claims between You and the Company of any nature whatsoever, including, but not limited to those relating to use of the website or the quality or appropriateness of services offered by the Company and Website, shall be resolved by binding arbitration. Therefore, both the user and Company hereby mutually disclaim all rights to approach a court of general jurisdiction at any point in time, except for situations listed under The Arbitration & Conciliation Act, 1996.
Three Arbitrators will conduct the Arbitration, one appointed by the Company, one appointed by You and another arbitrator to be decided by both the appointed Arbitrators. The place of arbitration shall exclusively be Chandigarh. The Arbitration & Conciliation Act, 1996 shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The governing law for the arbitration proceedings will be the applicable laws of India. Each party will bear its own costs as to its representation before the arbitration bench.
In the event that the arbitration proceedings break down or there is any dispute as to the impartiality of the Arbitrators or any violation of the principle of natural justice or a disagreement relating to other matters listed under The Arbitration & Conciliation Act, 1996, You and agree that any and all legal action shall be instituted in the courts of Panchkula, Haryana only. The user will also be bound to keep the decision of the binding arbitration confidential. Along with the decision, the documents submitted, arguments made and any conversations relating to or made during the course of arbitration shall also be held in confidence by both parties.
As a part of using the Website, You may be able to put content on the Website including, but not limited to, answering questionnaires, filling forms, uploading textual, audio or visual content, reviewing a service, providing feedback to the website.
You agree and understand that the Company may at any time, without any restriction and in its sole discretion, edit, copy, publish, distribute, translate and otherwise use in any medium any such content that you forward to the Company through any medium. The Company is and shall be under no obligation (1) to maintain any such content in confidence; (2) to pay compensation for any content received; or (3) to respond to any content.