This document ("Terms") is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time 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 and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of www.vitamins360.delivery website and its mobile applications.

General

1) www.vitamins360.delivery an internet-based portal and "Aushadhi on Wheels brand name Vitamins360", a mobile application, (hereinafter together be referred to as "Website And Application") is run, operated and maintained by Entity Aushadhi on Wheels LLP and Brand name Vitamins360 (hereinafter to be referred as "Company" or "We" or "Our" or "Us"), a company duly incorporated under the provisions of the Companies Act, 2013, having its registered address at 3,Nirmala Appt, Jagabhai Park, Rambaug, Maninagar, Ahmedabad 380008 and website - www.vitamins360.delivery.

2) For the purpose of these Terms, wherever the context so requires "You", "Your" or "User" shall mean any natural or legal person who accesses, uses or subscribes to our Website, agrees to become a buyer on the Website and the application or avails or offers to avail any of our services.

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

4) The Company reserves the right to change or modify these Terms or any policy or guideline of the Website and the application including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and the application and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, We will inform You of such changes within such timelines as may be specified under the applicable laws. Your continued use of the Website and the application will confirm your acceptance of such changes or modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms and conditions that apply to Your use of the Website.

5) By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely by browsing the Website and the application, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, the Website and the application"s Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Website and the application, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.

6) Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. The User agrees to use the service to authorise an individual and get the products from the third party on his/her behalf. Where you use any third-party website or the products or services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies.

2. PRODUCTS AND SERVICES

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

2) the Website and the application facilitates the purchase of drugs and other pharmaceutical products, nutraceutical products and services (which shall also include Over the Counter (OTC) and wellness products) offered by third-party retail pharmacies ("Retail Pharmacies"). The Company and the Website and the application merely provide hosting and technology intermediary services to You and persons browsing/ visiting the Website and the application. All items offered for sale on the Website and the application, and content (including product descriptions, images and the like) made available by the Retail Pharmacies, are third party content and describe third-party products and services. The Company has no control over such third-party user generated content, Products or Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity, accuracy or genuineness of the Products and Services made available by the Retail Pharmacies through the Website and the application shall be the sole responsibility of the Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Products and Services being facilitated through the Website. The Company does not take any representation or warranty as to legal title of the Products and Services offered for sale by the Retail Pharmacies on the Website and the application. The right, title, claim or interest in the products sold through the Website and the application shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Website and the application.

3) The Company is not responsible for delayed performance, non-performance or breach of contract entered into between You and the third-party for purchase and sale of goods or services offered by such Retail Pharmacies on the Website and the application; The Company gives no guarantee that the concerned Retail Pharmacies will perform any transaction concluded on the Website and the application. The Company is not responsible for the Products and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You. Content: You agree and acknowledge that the respective Retail Pharmacies are exhibiting third party content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website and the application. The content available on the Website or on the mobile application, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the Retail Pharmacies on the Website and the application or on the application for any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, the Company shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Products and Services. Also, You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity or accuracy of the information provided on the Website and the application and You must do Your own check. The ranking of goods and services as provided on the Platform are determined after collection of rating and feedback from the User, and the Company shall not be in any manner held responsible for accuracy of the same. If Retail Pharmacies or Users find any wrong information on the Website and the application in relation to such Retail Pharmacy, Products or Services, they may contact the Company immediately for such corrections. The Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third parties.

Prescription Drugs:

1) In order to purchase drugs and pharmaceutical products that require a valid prescription, You are required to upload a scanned copy of the valid prescription on the Website and the application or an application. [The Retail Pharmacies, with respect to any drugs or pharmaceutical products, may dispense only those quantities as are specified in the prescription.] Retail Pharmacies will verify the prescription forwarded by You and in case of any discrepancy observed by the Retail Pharmacies, the order may be cancelled by the Retail Pharmacies. You are also required to make the original prescription available at the time of receipt of delivery of the order. You shall also allow the delivery agent to stamp the original prescription at the time of medicine delivery, failing which medicines will not be delivered. The Company shall at its sole discretion and as per applicable law maintain a record of all the prescriptions uploaded by the Users. [The delivery of your order is not in the Company"s control and the Company shall not be responsible for any delay.]

Suggestion Of Alternate Of Prescribed Drugs:

1) You acknowledge and accept that as per the extent applicable laws within the territory of India the order for an alternate prescription drug would only be processed if: (i) a registered medical practitioner has permitted /approved/provided consent for any such other equivalent generic drug containing similar or substantially similar composition as the prescribed drug, to be dispensed in place of the prescription drug; (ii) or if the prescription lists the active pharma ingredient/salt names instead of a specific brand name, in which case also, dispensation of such drug shall be certified and approved by a registered medical practitioner, and (iii) You shall have provided Your consent in respect of such substitution of the prescribed drug.
In the event of an invalid prescription or unavailability of the prescription drug a third party registered pharmacist shall place a call on Your registered mobile number, whereby an alternate drug is suggested, and after such alternate drug being confirmed by you after consulting your doctor, a validated revised prescription is received by third party registered pharmacist, and thereafter dispensed accordingly. Any and all alternate prescription drugs are dispensed only on receiving consent from You . All online provided by the third-party registered medical practitioner shall be through a secured recorded line. You further agree and acknowledge that any exchange (including but not limited to e-prescriptions) between the third party registered medical practitioners, pharmacists and You over telephone shall be recorded and preserved in the database of the Company for quality, assurance, monitoring, verification of compliance with applicable laws and value addition purposes; and the Company, the Platform, the third party registered medical practitioners and pharmacists shall have access to the same. All such exchange of information shall be utilised and processed strictly in accordance with the Privacy Policy made available on the Platform.

Invitation to offer for sale:

1) The listing of drugs and other pharmaceutical products on the Website and the application or an application by the Retail Pharmacies is merely an "invitation to an offer for sale" and not an "offer for sale". The placement of an order by You shall constitute an offer by You to enter into an agreement with the Retail Pharmacies ("Offer"). Post the Offer to the Retail Pharmacies, the Company shall send an email to You with the information on the Offer along with the details of the concerned Retail Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Retail Pharmacy(s) after the validation/ verification of the prescription by such Retail Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Retail Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You. It is hereby clarified that any reference of the term "offer/ offered for sale by the Retail Pharmacy(s), as appearing in these Terms, shall be construed solely as an "invitation to offer for sale" by any such Retail Pharmacy(s).

Transfer of Property and Completion of Sale:

1) Upon acceptance of the Offer by the concerned Retail Pharmacies (being the brick-and-mortar pharmacy), the Products and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Retail Pharmacy, wherever required under the applicable law(s). You agree and acknowledge that the property and title in the Products and Services ordered by You shall stand immediately transferred to You upon the dispensation of Products and Services and the raising of the invoice at the concerned Retail Pharmacies. Accordingly, the sale of Products and Services is concluded at the concerned Retail Pharmacy itself. The invoice in relation to the Products and Services, that are required to be delivered to You shall be issued by the concerned Retail Pharmacy (being the brick-and-mortar pharmacy) which is to process and satisfy the order for such Products and Services.

Drugs Delivery:

1) The Products and Services shall be delivered by the Retail Pharmacies or independent contractors. You accept and acknowledge that the courier/ delivery personnel, engaged by the Retail Pharmacies or the Company, shall be Your Agent for the delivery of the Products and Services from the concerned Retail Pharmacies to the address notified by You, with no control over the Products and Services and no additional obligation apart from standard delivery obligations and duty of care. You further agree and acknowledge that such courier/ delivery personnel acts as Your agent for collecting the medicines from the Retail Pharmacy. The services are being undertaken by Your Agent with Your consent and therefore the Company is merely facilitating this, and will have no liability or responsibility in this regard.

Diagnostics Services:

1) The Company as a marketplace facilitates Users to avail diagnostic test/ package facilities offered by third-party operated labs ("Labs") through (i) the third party"s tab or (ii) the "PharmEasy Labs" tab on its Website. Labs are responsible for providing services (including allied services such as sample collection, conducting tests, generating reports, etc) to the Users in regards to the diagnostic test/ package facilities availed by them through the Website and the application. Further, the Company shall in no event be responsible for services (including allied services such as the sample collection, conducting tests, generating reports etc) provided. The Company only provides facilitation services to the Users of the Website. User and the Labs agree to use of the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
Notwithstanding anything to the contrary contained herein, Labs alone shall be liable for Labs" dealings and interaction with the Users who avail the services of the Labs or diagnostic centres contacted or managed through the Website and the application and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Labs or any diagnostic centre or any third party through the Website and the application. The Company may, at its sole discretion, suspend Labs" or Users" ability to use or access the Website at any time while the Company investigates complaints or alleged violations of these Terms, or for any other reason. The Company has the right to edit profiles of Labs to make them more suitable for package searches on the Website. If Labs and/ or Users find any wrong information on the Website and the application in relation to such Labs and/or User, they may contact the Company immediately for such corrections. The Company shall have no liability or responsibility in this regard.

3. ELIGIBILITY OF USE

1) Use of the Website and the application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Website. The Products shall also not be available to any Users suspended or removed from the Company"s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the Products through the Website and the application. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services provided by the Website and the application, through Your legal guardian in accordance with the applicable laws. Company reserves the right to terminate your membership and / or refuse to provide You with access to the Website and the application if it is brought to Company"s notice or if it is discovered that You are under the age of 18 years. Company reserves the right to refuse access to use the services offered at the Website and the application to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.
You shall not have more than one active Account on the Website and the application. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

4. USER ACCOUNT, PASSWORD AND SECURITY

1) Company shall enable You to make the requisition of Products and Services available to You through the Website and the application, only if You have provided Company certain required User information, including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account ("Account") through Company ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the "Account Information"). The transaction and delivery of the Products by the registered merchants/vendors may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service. the Website and the application requires You to register as a User by creating an Account in order to avail the services provided by the Website and the application. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Company of any unauthorized use of Your Account or Account Information or any other breach of security, non-compliance with the Telemedicine Practice Guidelines dated March 25, 2020, or any other applicable laws, rules, regulations and guidelines as may be notified from time to time and (b) ensure that You exit / log out from Your Account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Paragraph 4. You may be held liable for losses incurred by Company or any other User of or visitor to the Website and the application due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. the Website and the application also allows / shall allow restricted access to the Website and the application for unregistered Users. You shall ensure that the Account Information provided by You in the Website and the application's registration form is true, complete, accurate and up to date. Use of another User's Account Information for availing the services offered by Company is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website and the application by You. You confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Website and the application. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/Account details for using the Website and the application. the Website and the application uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Company for the technical administration of the Website and the application, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies.

5. PRICING INFORMATION AND PAYMENT

Company strives to provide You with the best prices possible on the Products You require from the Website and the application. The pricing details for purchase of Products from the Website and the application are detailed under these Terms.
Further:

1. All commercial terms such as price, delivery, dispatch of Products and/or services are as per principal-to-principal bipartite contractual obligations between User and the third parties.

2. Your relationship with Company is on a principal-to-principal basis and by accepting these Terms You agree that Company is an intermediary for all purposes and does not have control of or liability for the products or services that are listed/ offered on Company's Website. Company does not guarantee the identity of any third parties, nor does it ensure that a User or a third party will complete a transaction.

3. You, as a User, understand that upon initiating a requisition on the Website and the application, You are entering into a legally binding and enforceable contract with the third party to purchase the Products and /or Services from the third party on a cash on delivery basis or such other mode as may be specified by Company.

4. You, as a User, shall hand over a copy of the prescription, at the time of delivery, for the delivery of Products which as per law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such Products shall be made only if the third party or its agent/employee is satisfied that the prescription is in compliance with applicable laws and norms.

5. You, as a User, shall electronically notify Company using the appropriate Company"s Website features immediately upon Delivery or non-Delivery within the time period as provided in these Terms. Non-notification by You of delivery or non-delivery within the time period specified in these Terms shall be deemed as delivery in respect of that particular order.

6. You, as a User, shall be entitled to claim a refund in accordance with the Refund and Return Policy of the Company.

7. Refund shall be made in Indian Rupees only and shall be equivalent wholly or a part of the Transaction Price received in Indian Rupees.

8. Refund shall be subject to User complying with these Terms. Refund procedure will take up to 15 working days.

9. Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach of any policy.

10. The User and third-party acknowledge that Company will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price.

11. You acknowledge that Company is a mere facilitator and does not fall within the purview of the Food Safety and Standards Act, 2006 and the rules framed thereunder.

12. You acknowledge that Company is a mere facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder.

13. You acknowledge that Company is a mere facilitator/intermediary and does not fall within the purview of the National Medical Commission Act, 2019, and the rules and regulations framed thereunder.

14. The User also agrees to pay a nominal fee as mentioned hereunder.

In order to process the payments for Your orders, the Company might require details of Your bank account, credit card number, etc. The online fee payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User/ Retail Pharmacies/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company. There are no applicable payment charges levied on any transactions. Click here to see the list of our available payment methods and payment partners.

Subscription Fee- Any subscription fees for the Services charged by the Company, could be paid online through the facility made available on the Website and the application. Such online fee payments are also processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User/ Retail Pharmacies/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company.

Taxes- Each User / third party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further please note that all fees are exclusive of applicable taxes.

Security Measures- The payment made for every transaction is done through API integration. Moreover, You may also check Our Privacy Policy to understand how the Company uses the confidential information provided by Users.

The Company reserves the right to modify the fee structure by providing on the Website and the application which shall be considered as valid and agreed communication. The Company shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the User.

Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.

Click here Page Content-

1. GPay- https://support.google.com/pay/india/gethelp

2. Paytm- https://paytm.com/care/ticket

3. Amazon Pay- https://www.amazonpay.in/contact

4. PhonePe- https://www.phonepe.com/contact-us/

5. Mobikwik- https://blog.mobikwik.com/contactus/

6. Airtel Money- https://www.airtel.in/personal/money/contact-us

7. OlaMoney- https://www.olamoney.com/support/index.html

8. Diners Club- https://www.dinersclubus.com/home/customer-service

9. Visa, Mastro, Rupay and Maestro cards;

10. Cash on delivery for offline payments.

11. ^*The above list of payment methods and payment partners is subject to modifications and may change from time to time at the sole discretion of the Company.

6. USER OBLIGATIONS

Subject to compliance with these Terms, Company grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and the Services provided herein.
You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Website and the application in accordance with Paragraph 7 below. You agree not to access (or attempt to access) the Website and the application and the materials or services by any means other than through the interface that is provided by Company. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Website and the application, the Information, or Services for any purpose. You shall not use any automated device to access, acquire, copy or monitor any portion of the Website and the application or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website or on the mobile application, 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 or application.

You acknowledge and agree that by accessing or using the Website and the application or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the Website and the application. Further, You may report such offensive content in the manner prescribed herein. If the Website and the application allows You to post and upload any material on the Website and the application, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

" Host, display, upload, modify, publish, transmit, store, update or share any information or user submissions which:

1. belongs to another person and to which the user does not have any right;

2. is pornographic, paedophilic, invasive of another"s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or is objectionable;

3. is harmful to child;

4. infringes patent, trademark, copyright or other proprietary or intellectual property rights;

5. violates any law for the time being in force;

6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

7. threatens 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 cognisable offence or prevents investigation of any offence or is insulting other nation;

8. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or threatens public health or safety;

9. Defame, abuse, harass, threaten or otherwise violate the legal rights of others; and

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

11.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website and the application or another's computer;
Engage in any activity that interferes with or disrupts access to the Website and the application or the Services (or the servers and networks which are connected to the Website);
Attempt to gain unauthorized access to any portion or feature of the Website and the application, any other systems or networks connected to the Website and the application, to any Company server, or to any of the services offered on or through the Website and the application, by hacking, password mining or any other illegitimate means;
Probe, scan or test the vulnerability of the Website and the application or any network connected to the Website and the application, nor breach the security or authentication measures on the Website or any network connected to the Website and the application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website and the application, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Website and the application 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;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website and the application or mobile application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Paragraph.
Use any device or software to interfere or attempt to interfere with the proper working of the Website and the application or any transaction being conducted on the Website or mobile application, or with any other person's use of the Website and the application or mobile application;
Use the Website and the application or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside India;
Violate the Terms, including but not limited to any applicable Additional Terms of the Website and the application or mobile application contained herein or elsewhere; and
Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and the application or mobile application.

Company has no obligation to monitor such communications by You. However, Company reserves the right to review materials posted by You and to remove any materials in its sole discretion. Company reserves the right to terminate the User's access to any or all of such communication services provided by Company at any time, without notice for any reason whatsoever. Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion. Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service. You agree that You are solely responsible to Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach. You agree and acknowledge that Company is not the owner of the Products and Company shall in no manner be deemed to be the owner of the Products on this Website. Company is only facilitating purchase of the Products by You from the third parties by providing the services to You. You agree that Company may, at any time, modify or discontinue all or part of the Website and the application, charge, modify or waive fees required to use the Website and the application, or offer opportunities to some or all Website Users.
You agree that the Website and the application shall not be used for illegal purposes. The information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Website and the application, the information, or Services. Such unauthorized access includes, but is not limited to, using another person"s login credentials to access his or her Company profile/ Account. Any attempt by any individual or entity to solicit login information of any other user or third party registered medical practitioner or to access any such account is an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
You agree and acknowledge that the exchanges between the third party registered medical practitioners and You over telephone and the e-prescription would be accessible to the Company for the purposes of monitoring the quality and practices of the third party registered medical stores. The consultation provided by the third-party registered medical practitioner shall be totally in your scope and it will be considered as you place order that you have consulted your doctor for substitute drug.

Notice and Takedown

If You believe that any Content on the Website and the application is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another"s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or is otherwise injurious to third parties; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign States; or which consists of or contains software viruses or violates any of the Terms, please notify Us immediately at info@vitamins360.delivery. As soon as you inform Us, We will make all reasonable endeavours to remove such objectionable content complained about within a reasonable time.

Risks associated with Company"s Services

You abide by these Terms, Privacy Policy and any other Company Policy by using the Company"s Services. The third party registered medical practitioners will not be examining You physically and may not have access to all or some of Your medical history that might be critical to consult You to offer substitute drug. The third party registered medical practitioners will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the third party registered medical practitioners may not be aware of facts or information that would affect his or her opinion of Your diagnosis. Therefore, to reduce the risk of this limitation, the Company strongly encourages You to be in touch with an on-ground physician and share the third party registered medical practitioners" opinion with him/her.
You acknowledge and agree, by requesting a medical opinion through the Website and the application, that-

1. the advice/information/opinion on diagnosis You may receive could be limited and provisional;

2. the medical opinion is not intended to replace a face-to-face visit with a physician, and it does not replace an actual doctor-patient relationship;

3. in case of a second opinion, where there is a difference of opinion among Our third party registered medical store suggested drug and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment and/or drug;

4. the third party registered medical practitioner is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;

5. in some events, the third party registered medical practitioners may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;

6. in rare cases, the third party registered medical practitioners may feel that the query may not be answerable without physically examining the patient/ Users and the consultation may be refused forthwith;

7. in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and

8. delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms

7. USE OF MATERIALS

Except as expressly indicated to the contrary in any applicable Additional Terms, Company hereby grants You a personal, non-exclusive, freely revocable (upon notice from Company), non-transferable access to view, download and print product catalogues or any other materials available on the Website and the application, subject to the following condition:

" You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms; You may not modify or alter Product catalogues or any other materials available on the Website and the application;

" You may not distribute or sell, rent, lease, license or otherwise make the Product catalogues or any other materials available on the Website and the application available to others; and

" You may not remove any text, copyright or other proprietary notices contained in the Product catalogues or any other materials available on the Website and the application.

The limited rights granted to You in the Product catalogues, or any other materials as specified above do not confer upon You any rights to the design, layout or look and feel of the Website and the application. Such elements of the Website and the application are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Product catalogues or any other materials available on the Website and the application shall not be copied or retransmitted unless expressly permitted by Company. Any software that is available on the Website and the application is the property of the Company or third parties. You may not use, download or install any software available at the Website and the application or App store, unless otherwise expressly permitted by these Terms or by the express written permission of Company.
Any purchase of the merchandise or Services from the Website and the application will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize, or Services purchased by the User will not be sold, resold, bartered or in any way be used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased are not transferrable to any third party for profit.

8. USAGE CONDUCT

You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the Website and the application.
You are also under an obligation to use this Website for reasonable and lawful purposes only, and You shall not indulge in any activity that is not envisaged through the Website and the application. You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and You shall not re-sell the same to any other person. Once you subscribe with the Website and the application, You shall use the prescription exclusively to purchase medicines via the Website and the application and shall not use the same prescription to fulfil the medicine requirement from other retailers unless the medicines are not supplied for any reason via the Website"s partner third parties.

9. INTELLECTUAL PROPERTY RIGHTS

the Website and the application, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website and the application is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website and the application ("Marks") are the property of Company or their third party partners or respective third parties. You are not permitted to use the Marks without the prior consent of Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark "Aushadhi O n Wheels brand name Vitamins360", domain name "www.vitamins360.delivery", and the Website and the application and mobile application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending) if any, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.

10. RETURN, REFUND, CANCELLATION AND SHIPPING CHARGES:

We offer return and refund on the products and Services ordered by You on the Website and the application which are subject to further terms and conditions as detailed in the cancellation, shipping charges, returns and refund policy ("Return and Refund Policy"). The Return and Refund Policy forms an integral part of these Terms and the Users are requested to carefully read the same.

11. ADVERTISEMENTS

As part of the Services provided by Us; We may facilitate and allow third party advertisers ("Third Party Advertisers") to place advertisements on the Website and the application.

For Users: the Website and the application clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to applicable laws, these Terms (except the editorial policy) and the Privacy Policy.

For Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising consumer protection.

General Rules: The Company may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website and the application or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. We may also alter or remove any content from the Website and the application without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous. We are not responsible for any liability arising from an advertisement by a Third Party Advertiser.

The Company reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, the Company also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.

12. EDITORIAL POLICY

As part of the Services provided by Us, the Website and the application provides editorial content targeted at the public for informational purposes only and such editorial content does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Users are requested to carefully read the Editorial Policy.

13. DISCLAIMER OF WARRANTIES AND LIABILITIES

You expressly understand and agree that, to the maximum extent permitted by applicable law the Website and the application, services and other materials are provided by Company 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, Company makes no warranty that (i) the Website and the application or the services will meet your requirements or your use of the Website and the application or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website and the application, services or materials will be effective, accurate or reliable; (iii) the quality of the Website and the application, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website and the application, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the services shall create any warranty not expressly stated in the Terms.

To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website and the application or any services or materials, either with or without your knowledge. Company has endeavoured to ensure that all the information on the Website and the application is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company shall not be responsible for the delay or inability to use the Website and the application or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website and the application, or otherwise arising out of the use of the Website and the application, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website and the application during periodic maintenance operations or any unplanned suspension of access to the Website and the application that may occur due to technical reasons or for any reason beyond Company's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website, 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. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Company shall not be liable for any third-party product or services. The advertisement available on e-mail or Website with respect to the third-party website or the Products are for information purpose only. You expressly agree that Your use of the Website and the application is at Your risk.

14. INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, 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 Company 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. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website and the application, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company's entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or Product or service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor 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 Company has 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 and the application, services or materials. Company is not responsible for any non-performance or breach of any contract entered into between Users and third party service providers. Company cannot and does not guarantee that the concerned Users and/or third party service providers will perform any transactions that are entered into on the Website and the application. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and third party service providers. Company does not, at any point of time during any transaction between Users and third party service providers on the Website and the application come into or take possession of any of the Products or Services offered by third party service providers nor does it at any point gain title to or have any rights or claims over the Products or Services offered by third party service providers to Users.
At no time shall Company hold any right, title or interest over the products, nor shall Company have any obligations or liabilities in respect of such contract entered into between Users and third party service providers. Company is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

15. VIOLATION OF TERMS

You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and the application and block Your future access to the Website and the application, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other Remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website and the application, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website and the application or any service offered on or through the Website; or unexpected technical issues or problems. If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.

16. TERMINATION

The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website and the application; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.
Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:

" You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

" Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);

" The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable;

" Company has elected to discontinue, with or without reason, access to the Website and the application, the services (or any part thereof); or

" Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason.

Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website and the application or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the application and the services offered thereunder.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Website and the application, Company may delete any content or any other materials relating to Your use of the Website and the application and Company will have no liability to You or any third party for doing so.

17. GOVERNING LAW

These Terms and all transactions entered into on or through the Website and the application and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website and the application, the Terms or any transactions entered into on or through the Website and the application or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat, India "only and You hereby accede to and accept the jurisdiction of such courts.

18. REPORT ABUSE / GRIEVANCE REDRESSAL

In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website and the application, please report to Company"s customer support team.

If You have any concern about the Terms or grievances about the Website and the application or our services, please contact us with a thorough description and We will try to resolve the issue for You. Please send a mail at:

" Name: Mr. Milan Shah

" Address:

" Phone number:

" E-mail: info@vitamins360.delivery

19. PRIVACY POLICY

Company collects, processes and shares data with third parties, in accordance with its Privacy Policy, in order to provide, manage and complete delivery of products and services requested by You . Company views the protection of Your privacy and information as a very important principle. Please view Our Privacy Policy, available at www.vitamins360.delivery, to understand how the Company collects, processes, shares Your information and maintains data security practices in relation to Your information.

20. COMMUNICATIONS

You hereby expressly agree to receive communications by way of SMS, e-mails or any other mode from Company, phone calls relating to the Products offered through the Website and this supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India"s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.
A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by:

" Visiting www.vitamins360.delivery to unsubscribe from messages/ SMS; and

" Newsletters sent daily at the registered email address and by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.

21. GENERAL PROVISIONS

Notice: All notices of Company will be served by email or by general notification on the Website and the application. Any notice provided to Company pursuant to the Terms should be sent to info@vitamins360.delivery

Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.

This Privacy Policy ("Privacy Policy") describes what information "Aushadhy on wheels LLP" ("Company"), as the operator of the Platform and Threpsi Solutions Private Limited, as owner of the Platform, may collect from a user ("You", "Your" or "User"), on or through Our website (https://vitamins360.delivery/) (the "Site") or one or more mobile application (the "App"), directly (the owner and the operator of the Platform are referred collectively as "We"/ "Us"/ "Our") or in relation to services otherwise rendered by Us (collectively "Platform"), including Our facilitation through the Platform, of purchase of pharmaceutical drugs from Retail Pharmacies, consultation with registered medical practitioners or facilitation of consultation with registered medical practitioners by third-parties ("Medical Practitioners" and or "Medical Stores") and the facilitation of services by third parties which may include delivery of pharmaceutical, nutraceutical, over the counter products and such other products as ordered by You through the App or the Site, and scheduling diagnostic tests (each a "Service", and collectively the "Services") and how We use, process, disclose and try to protect such information.

You agree and understand that the Company is responsible for operation and maintenance of the Platform and all information collected and processed on the Platform is collected and processed by Us strictly in relation to Our business.

By using Our Platform, or the Services, You confirm that You have read, understood, and agree with the privacy practices described in this Privacy Policy, and the Terms of Use (the "Terms") and the collection, storage and processing of Your information in accordance with them.

This Privacy Policy is incorporated by reference into the Terms. Any capitalized terms used but not defined in this Privacy Policy have the meaning given to them in the Terms.

This Privacy Policy is published in compliance with, inter alia:

1. Section 43A of the Information Technology Act, 2000 ("IT Act");

2. Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 ("SPDI Rules"); and

3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 ("Intermediaries Guidelines").

General Terms:

1. By accessing or using the Platform or the Service, or by otherwise giving Us Your information, You confirm that You have the capacity to enter into a legally binding contract under Indian law, in particular, the Indian Contract Act, 1872, and have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the Privacy Policy.

2. You hereby consent to Our collection, use, sharing, and disclosure of Your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at Our sole discretion, at any time, and any continued use of the App, the Services or the Platform, following any such amendments to the Privacy Policy, will be deemed as an implicit acceptance of the Privacy Policy in its amended form. You are requested to review the Privacy Policy from time to time to keep yourself updated with any changes; modifications made to the terms hereof.

3. If You are accessing or using Services on the App or the Site from an overseas location, You do so at Your own risk, and shall be solely liable for compliance with any applicable local laws.

4. If You do not agree with any of the terms and conditions of this Privacy Policy, please do not proceed further to use this Site or the App or any Services. This Privacy Policy is subject to change at any time without notice. To make sure You are aware of any changes, please review this policy on this Site or the App periodically.

1.What information About You is collected on the Platform?

When You access the Site or the App or use the Service(s), You may provide, or We may collect information that may specifically identify You or any other individual. Given below are the types of information that We may collect:

1. Information You Give Us: We receive and store any information You enter on Our Platform or provide Us in any other way. When You register on the Site or the App, We collect registration details such as phone number, name, geographical address and email address. We verify Your phone number with the help of a one-time password sent to Your phone number.

We may also collect information required for providing You Services on the Platform including, items You place in the cart, pharmaceutical, nutraceutical products including prescription drugs or over the counter (OTC) products You may order, facilitating booking a consultation with a Medical Practitioner, scheduling diagnostic tests, etc. You can choose not to provide certain information, but then You may consequently not be able to take advantage of many of Our features.

We may also collect sensitive personal data or information ("SPDI") about You when You use Our Service(s) on the Platform. This information includes health information We receive from You or, on Your behalf, such as information or records relating to Your medical or health history, health status and laboratory testing results, details of medical practitioner issuing the prescription, details of treatment plans and medication prescribed by a Medical Practitioner, dosage details such as frequency of dosage, alternative medication, medicines ordered by You through the Platform, diagnostic results, other health-related information and any other information inferred therefrom. We may also collect payment information such as Your payment card number, expiration date, billing and shipping address. By using the Service, You consent to the recording, storage, and disclosure of such communications You send or receive for these purposes. We may also store and process prescriptions, treatment notes, recommendations and other data generated by Medical Practitioners on or through the Platform, and data shared by third parties such as diagnostics related information; prescription related information etc and may retain such material for Our records for the duration of You availing the Services or for any such period required or permitted under applicable law.

2 Information from Other Sources: We might receive information about You such as order details, Your details shared with Our partners etc. from other sources including from Our partners, advertisers or third parties registered on the Platform and add it to Our account information.

3 Cookies and Other Tracking Technologies:

We utilize "cookies" and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about activity on the Site or the App. Some cookies and other technologies may serve to recall information previously indicated or submitted by a User. Most browsers/mobile settings allow You to control cookies, including whether or not to accept them and how to remove them. You may set most browsers/mobile application to notify You if You receive a cookie, or You may choose to block cookies with Your browser/mobile applications.

Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, stream patterns, and dates and times that Our Site or App is accessed. Our use of cookies and other tracking technologies allows Us to improve Our Site or the App and Your experience.

At all times, You may refuse all cookies on Your browser or the App by changing Your settings to the extent permissible on Your device. However, by doing so, You may not be able to use certain features on the Platform or take full advantage of all the offerings and interest-based advertising. You can remove cookies by following directions provided in Your mobile"s "help" file or the browser.

4 Third party tools and software: We use third party SDKs in Our App. Majority of them are different payment options by which You can make a payment for an order. In order to enhance Your personal and overall experience some of the tools are used therein.

5 Automatic Information: We receive and store certain types of information whenever You interact with Us. For example, We obtain certain types of information when Your web browser accesses the Site or advertisements and other content served by or on behalf of PharmEasy.in on other web sites. Click here (OS type and version, App version, Device brand, browser and its version details, User agent) to see examples of the information We receive. We may also receive/store information about Your location and Your mobile device, including a unique identifier for Your device. We may use this information for internal analysis and to provide You with location-based services, such as advertising, search results, and other personalized content.

The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.

You agree that You are providing all information, including SPDI to Us voluntarily. Collection, use and disclosure of personal information and SPDI require your express consent.

You are providing us with your consent to our use, collection and disclosure of the personal information and SPDI. You may choose to not provide us with personal information and SPDI, but in the event that you do so, we will be unable to provide you access to Our App or the Site or deliver products or provide Services through Our Platform.

2. How do We use the information We collect

1. We use information We collect, in a variety of ways in order to provide the Services on the App and the Site and to operate Our business, including the following:

i. To carry out Our obligations arising from Your requests for the products and Services on the Platform;

ii. To operate and improve the Platform in order to foster a positive user experience and to improve Our business as a whole;

iii. To process and deliver Your order with Us;

iv. To enable Your access to Our Site or App to purchase products and provide you services;

v. To enable You to initiate consultation with Medical Practitioners or facilitating a diagnostic test;

vi. Analysing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines, etc.;

vii. Research, growth and development of Our or Our group entities' business (including building upon our network of our consulting RMPs/doctors, partners etc);

viii. We use the information that You provide for such purposes such as responding to Your requests, customising Your orders, improving Our Platform or communicating with You

ix. For non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research or product development purposes;

x. To comply with applicable law;

xi. To conduct audits and quality assessment procedures;

xii. To analyse the use of Our resources, troubleshooting problems and improving Our Products and Services, by using the information regarding Your mobile device and software.

xiii. Contacting users, both during and after an order, for updates, resolution of queries, order details, consultations, follow-up consultations or offering new products or services;

xiv. To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of Our Terms, or as otherwise required by law;

xv. To respond to any queries that You may have, and to communicate information to You, including notifications of any promotions or alerts, any changes/updates to the Site, or the introduction of any future fees or charges that We may collect at the time for purchasing products or provision of Our Services to You; or

xvi. To contact You, by way of SMS, email and phone calls, from time to time to record Your valuable feedback on Our products and Services, as they currently stand, and/or any potential products and services that may be offered in the future.

1. We may use "cookies" information and "automatically collected" information We collect on the Platform to (i) personalize Our services, such as remembering Your information so that You will not have to re-enter it during Your visit or the next time You avail the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyse the effectiveness of the Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track Your entries, submissions, and status in any promotions or other activities on the Service.

2. We may access or store your information if it is necessary to detect, prevent or address fraud and other illegal activity or to protect the safety, property or rights of the Platform or others.

3. We may use information regarding your location or the location of your device through which you access the Service for a number of purposes, including without limitation to confirm you are located in a jurisdiction in which the Service is offered and to identify an appropriate Medical Practitioner.

4. We may collect, analyse, use, publish, create and sell de-identified information, of which Your personal or sensitive personal information might be a component, for any business or other purpose not prohibited by applicable law, including for research and marketing purposes. (Collectively "Purposes").

Do we share the Information we receive?

1. Information about You and the other Users of the Platform forms an integral part of our business. We only share the personal information as described below after ensuring that such third party has implemented measures to assure data protection measures and that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. By using the Site or the App, You accept the terms hereof and hereby consent to the storage and processing of the personal information and SPDI by third parties. We, have arrangements with third parties (including as mentioned below) such as affiliates or group companies, service providers, retailers, Retail Pharmacies, payment gateways, logistics partners who are the intended recipients and may have access to the personal information and SPDI but shall not disclose such information including SPDI further to any other individual / entity. Some of the third parties include:

i. Retail partners: Some of your personal information or SPDI will be shared with affiliated retailers, the Retail Pharmacies who supply and service your order and with the Medical Practitioners. These retailers operate on the Platform or sell medicines and wellness products to you on the Site or the App. You can identify when a third party is involved in Your transactions, and We share customer information related to those transactions with that third party;

ii. Third Party Service Providers: Some of "your personal information or SPDI may be shared with third party service providers, such as diagnostic service providers (including but not limited to labs, collection agents etc), retailers, and logistics providers for the fulfilment of Services and delivery of your order(s). Examples include fulfilling orders, facilitating and conducting diagnostic tests, including sample collection and processing, delivering packages, sending postal mail, newsletters and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, consultation with Medical Practitioners, providing search results and links (including paid listings and links), processing card payments and providing customer service. They have access to personal information needed to perform their functions including but not limited to performing quality checks on your testing, for teaching purposes, or for developing normal reference ranges for the diagnostic tests performed. The tools used by such third party service providers to provide the Services may also collect your personal information or SPDI during the process of providing such Services. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by applicable law. It is clarified that we will not be responsible and liable for the acts of omissions and commissions of such third parties associated with us. However, We may facilitate resolving any issue You may face with such third parties;

iii. Our Legal obligations: We may release account and other personal information when We believe in good faith that such release is appropriate to comply with applicable law including to: (i) conform to legal requirements or comply with legal process; (ii) protect rights or property or affiliated companies; (iii) prevent a crime or in interest of national security; or (iv) protect personal safety of Our Users or the public. We may also disclose your personal information to enforce or apply Our Terms and other agreements; or protect the rights, property or our safety, safety of Our Users or others. This includes exchanging information with other companies, organisations, government or regulatory authorities for fraud protection and credit risk reduction;

iv. Sharing upon merger or amalgamation or intra-group transfer: Any third party to which We transfer or sell Our assets, merge or consolidate with, will have the right to continue to use the information (including SPDI) provided to Us by You, in accordance with the Terms and this Privacy Policy. We may disclose information to Our partners, affiliates, subsidiaries, group entities, investors, stakeholders or potential associates in an anonymous and aggregate manner, so that they too may understand how Users use Our Site or App and enable Us to create a better overall experience for you; and

v. Improving Our business: You acknowledge that We have a right to use a recorded copy of Your telephonic conversation, and e-prescription with Your Medical Practitioner, and Your diagnostic test reports for improving Our Services, marketing and promotional efforts, customize Your experience and aiding You in procuring targeted consultation for any underlying medical condition. These uses improve the Site, the App, and the Services, and better tailor it to meet your needs, so as to provide you with an efficient, safe and customized experience. We may transfer such personal Information and SPDI to a third party, including persons outside India, to improve product and Service offerings while taking commercially reasonable steps to try and ensure, that the recipient adheres to the applicable laws for ensuring data protection as is adhered by Us.

1. Transfer to third parties and outside India

Subject to applicable law, We may at Our sole discretion, transfer personal information and SPDI to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by Us under the terms hereof, located in India or any other country.

By using the Site and the App, You accept the terms hereof and hereby consent to Us, sharing with and/or processing of Your personal information and SPDI by third parties, including in any location outside India, provided that they ensure that Your SPDI is protected in compliance with standards that are comparable to the standards of protection afforded to it in India or equivalent international standards...

5. How Secure Is Information About Me?

1. We maintain electronic, physical and procedural safeguards in connection with the collection, storage and disclosure of personal information (including SPDI). Our security procedures may warrant that we may occasionally request proof of identity before we disclose personal information to you.

2. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input in addition to maintaining security of your information as per the international standards on "Information Technology Security Techniques Information Security Management System-Requirements".

3. We restrict access to personal information, to Our employees and agents who need to know that information in order to process it for Us, and who are subject to strict contractual confidentiality obligations, and may be disciplined or whose relationship with Us may terminate if they fail to meet these obligations.

4. No employee or administrator will have knowledge of Your password of Your account on the Site or the App. It is important for You to protect Your account against unauthorized access to Your password and Your mobile phone, as detailed in the "User Account, Password and Security" section of the Terms. You must be sure to log off from the Site or the App when You have finished use thereof. We do not undertake any liability for any unauthorised use of Your account and password.

5. If You suspect any unauthorized use of Your account, You must immediately notify Us by sending an email to the contact details indicated in the contact section. You shall be liable to indemnify Us due to any loss suffered by Us due to such unauthorized use of Your account or password.

6. Under certain circumstances, We shall not be able to take Your prior consent before disclosing Your information in case the information is demanded by government agencies or otherwise mandated under law to obtain SPDI, or during investigation of cyber incidents, prosecution of offenses etc.

7. Further, We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the User, etc.

5.What Information Can I Access?

The Platform gives You access to a broad range of information about Your account and Your interactions with the Platform for the limited purpose of viewing and, in certain cases, modifying, deleting information provided on the App or the Site. You have the option to opt-out of optional services such as receiving promotional materials etc. and should You desire to opt-in to such services at the time of signing up You can choose to do so.

6.Are Children Allowed to Use the Platform?

Use of the Site or the App is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are under 18 years of age, then please do not use or access the Service(s) at any time or in any manner. If We learn that a person under 18 years of age has used or accessed the Platform or Service or any personally identifiable information has been collected on the Platform from persons under 18 years of age, then We will take the appropriate steps to delete this information. If You are a parent or guardian and discover that Your child under 18 years of age has obtained an account on or otherwise accessed the Service, then You may alert Us at info@vitamins360.delivery and request that We delete that child"s personally identifiable information from Our systems.

7.Third-party links

The Site or the App may include hyperlinks to various external websites, and may also include advertisements, and hyperlinks to applications, content or resources ("Third Party Links"). We have no control over such Third Party Links present on the Site or the App, which are provided by persons or companies other than us. You acknowledge and agree that we are not responsible for any collection or disclosure of your information by any external sites, applications, companies or persons thereof. The presence of any Third Party Links on Our Site or App, cannot be construed as a recommendation, endorsement or solicitation for the same, or any other material on or available via such Third Party Links.

You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your information via Third Party Links, as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products services, or other materials on, or available via such Third Party Links. This will include all transactions, and information transmitted therein, between you and any such third party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between you and the aforementioned third parties.

Such third party websites, and external applications or resources, accessible via the Third Party Links may have their own privacy policies governing the collection, storage, retention and disclosure of your information that you may be subject to. We recommend that you exercise reasonable diligence, as you would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third party website or application"s privacy policy.

8.Retention of Information

1. We also have measures in place such that Your SPDI which is in Our possession or under Our control, is destroyed and/or anonymized as soon as it is reasonable to assume that: (i) the purposes for which Your SPDI has been collected have been fulfilled; and (iii) retention is no longer necessary for any other reason, or under applicable law.

2. We may, however, reserve the right to retain and store your personal information for our business purposes, whether such personal information has been deleted or not. After a period of time, your data may be anonymized and aggregated and then may be held by us as long as necessary, to enable purchases of products and provision of services or for analytics purposes.

3. If you wish to withdraw your consent for processing your personal information and SPDI, cancel your account, or request that we no longer use your personal information and SPDI to deliver our products or provide you services, please contact us at details indicated in the contact section. Please note however that your withdrawal of consent or cancellation of account may result in us not being able to deliver you products or provide you with our services, or terminate any existing relationship that we may have with You.

4. Please note that uninstalling the App will not result in deletion of your personal information or SPDI.

9. Changes to Your Information

You may review, correct, update, and change the information that you have provided by logging into your account. However, you are not permitted to delete any part of the personal information or any other information generated on the Platform. You may request us to delete the same. You may update your information at any point by writing to us at the details indicated below in the contact section.

Should You choose to update Your personal information or SPDI or modify it in a way that is not verifiable by Us, or leads to such information being incorrect, We will be unable to provide You with access to Our Site, App or the Services, as described under the Terms, and such modification may be regarded as the User seeking to discontinue his or her access to Our Site, App or the Services.

We reserve the right to verify and authenticate your identity and your personal information in order to ensure accurate delivery of products and services. Access to or correction, updating or deletion of Your personal information or SPDI may be denied or limited by Us if it would violate another person"s rights and/or is not otherwise permitted by applicable law.

10.Notices

If you have any concern about privacy or grievances on the Site or the App, please contact us with a thorough description and we will try to resolve the issue for you.
If You have any concerns or questions in relation to this Privacy Policy, You may address them to Our grievance officer at:
Name: Mr. Milan Shah
Address:
Phone number:
E-mail: info@vitamins360.delivery

We shall endeavour to resolve Your grievances within one month from the date of receipt of such grievance.

11. Miscellaneous

1. Disclaimer: We cannot ensure that all of your personal information and SPDI will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your information or private communications will always remain private. As a User of the Site or the App, You understand and agree that you assume all responsibility and risk for your use of the Site or the App, the internet generally, and the information you post or access and for your conduct on and off the Site or the App.

2. Indemnity: You agree and undertake to indemnify us in any suit or dispute by any third party arising out of disclosure of information by you to third parties either through Our Site or App or otherwise and your use and access of websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to your personal information or SPDI which you may have disclosed to such third parties.

3. Severability: Each clause of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other clauses herein except where otherwise expressly indicated or indicated by the context of the Privacy Policy. The decision or declaration that one or more clauses are null and void shall have no effect on remaining clauses of this Privacy Policy.