Terms & Conditions
TERMS OF SERVICE
a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
c) For the purpose of these Terms of Service ("Terms"), wherever the context so requires,
i) The term 'You' 'Your' 'User' & 'Customer' shall mean any legal person or entity accessing,using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii) The terms 'We', 'Us', 'Our' & 'Davaee.com" shall mean the Website and/or Davaee, as the context so requires.
iii) The terms 'Products/Medicines' shall mean and include all the Pharmacy and Healthcare related products listed for sale on the Website including but not limited to Allopathy, Ayurveda, Homeopathy medicines, Surgical Equipments, Path Lab services, Care products such as Babycare, Healthcare, Diabetic care, wellness products and FMCG products
iv) The term 'Services' shall refer to facilitation of the Platform, and the marketplace related services offered by the Company on the Website.
v) The terms 'Party' & 'Parties' shall respectively be used to refer to the User and Davaee.com individually and collectively, as the context so requires.
d) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
f) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and Davaee.com, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any Service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User's act of visiting the any part of the Website constitutes the User's full and final acceptance of these Terms and the aforementioned Policy.
g) Davaee.com reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
h) This Terms of Service is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
i. The Indian Contract Act, 1872 ("Contract Act"); The (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules");
ii. The Drugs and Cosmetic Act, 1940 ("Drugs Act"), read with the Drugs and Cosmetics Rules, 1945 ("Drugs Rules");
iii. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and Consumer Protection Act, 1986
a. The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Davaee Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.
A User may terminate his/her use of the Davaee.com at any time. The Davaee.com or the Company may terminate these Terms and close a User account at any time without notice and/or suspend or terminate a User's access to the Davaee.com at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
Davaee.com reserves the right, in its sole discretion, to unilaterally terminate a User's access to its website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of any transaction or order that the User has agreed to be a part of, through the Platform.
Any termination shall not affect the validity of any orders that have been executed prior to termination and these Terms shall continue to apply with respect to such orders.
In the event of termination, you cannot access your Davaee account or use the Platform. Any unfulfilled equiries or orders will be automatically cancelled. Any refund or cancellation requests shall be subject to the Refund and Cancellation Policy on the Platform.
Termination shall not relieve the Customer of the requirement to pay for resouces spent and expenses incurred prior to the effective date of the termination (either by the Customer or the Platform), which fees and expenses, together with any applicable taxes, shall be invoiced to Customer following termination
To fully avail the Services of the Website and purchase Medicines or Healthcare Products, registration is mandatory. You are required to create a profile for Yourself by providing the following information which inter alia includes Title, First Name, Last Name, Mobile Number, Email ID, Password for registering., . A registered user with Davaee.com can purchase the listed Medicines / Health care products and avail the Services of the Website. The Website offers the Users an option of signing up through other third party social networking sites, including but not limited to Gmail, Yahoo, Facebook, Twitter and LinkedIn. Upon such signup, our servers gain access to information about You from Your social networking account, including but not limited to Your profile, date of birth, name and gender, and all such information is stored in Our system.
Davaee.com reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its Services.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
6. PLACING AN ORDER
a) You need to be a registered user to place an order through Davaee.com
b) You will have to provide the Patient's name, Patients age, Doctor's details, Delivery address to which he/she would want the Products/Medicine to be delivered. You shall also provide his/her Alternate Phone Number through which the conformation of the Order can be done and for the ease of delivery.
c) Any Products/Medicine order that you place is subject to availability, delivery capacity and acceptance by the Website.
d) The Company/Website will not be liable to the User for any errors. If user thinks that he/she may have made a mistake, then Company/Website should be contacted. The Company/Website will confirm any changes to user Order by email or SMS.
e) After the confirmation of the order, the delivery team shall deliver the Medicines/Products to the initially requested Delivery address only.
7. Prescription Drugs
At Davaee.com™ we will help you navigate through a wide range of Pharmaceutical and Healthcare products across Allopathy, Ayurveda, Homeopathy, Surgical, Care and Lab tests to suit your healthcare needs.
i. Users can purchase medicines [including drugs which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner ("Prescription Drugs")], offered by Davaee.com.
ii. In order to purchase Prescription Drugs from Davaee.com, the User is required to upload a scanned copy of the prescription on the Website & Applications or email the same to Davaee.com. The order would not be internally processed and forwarded by Davaee.com until it receives a copy of a valid prescription.
iii. The User is also required to make the prescription available at the time of receipt of delivery of Prescription medicines.
iv. Davaee.com follows two steps prescription verification, primary validation of the prescriptions would be done by our In-house pharmacist and second prescription validation would be done by our service provider's pharmacist.
8. SUBSTITUTION OF PRESCRIBED DRUGS
The User acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the Registered Medical Practitioner has permitted for any other equivalent generic drug to be dispensed in place of the prescribed drug or if the prescription solely lists the salt names instead of a specific brand name. The User further acknowledges and accepts that, in the absence of the above, the concerned pharmacist would only dispense a substitute drug in place of the prescribed drugs after obtaining suitable permission from the prescribing Registered Medical Practitioner.
By using this Website, and providing his/her contact information to Davaee through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from Davaee and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to firstname.lastname@example.org with the subject [_Unsubscribe messages_]. The User agrees and acknowledges that it may take up to seven (7) business days for Davaee to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by Davaee or any of its affiliates / partners relating to any Service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed by the Parties that any information shared by the User with Davaee shall be governed by the Policy.
The use of this Website by the User, including browsing the Website is free of cost.
The Customers are only required to pay for the Products/Medicines which they wish to purchase from the Website. All prices listed on the website are in Indian Rupees and delivery will be within India and the products will be delivered based on company and/or its affiliate partner's reachability.
We reserve the right to amend the fee policy and charge Users for the use of the Website and for availing its Services. In the event of such change in policy, the registered Users shall be intimated of the same via email/SMS and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the Services offered by Us.
After the Customer has added Products/Medicines to the shopping cart, and proceed to the checkout section, the User will be asked for their contact information, as well as payment related information, these details are asked and used only for processing financial transactions, we use third-party electronic payment gateways or service providers (ESPs).
Davaee accepts the following modes of payment:
a) Cash on Delivery
b) At Davaee.com we honor Cash on Delivery orders (COD) up to Rs.2000 and anything above Rs.2000 has to be via payment gateways only.
c) Any Delivery location other than Bangalore has to be paid online via payment gateway only.
d) Domestic and International credit cards issued by banks and institutions that are part of the Visa & Master card
e) Visa Debit cards issued by domestic banks and those which are acceptable by the ESP
f) UPI's on Mobile or Pockets to make faster payments
g) Third party payment wallets.
h) Net banking/Direct Debit payments from selected banks in India;
You confirm that you are the authorised holder of the credit card or the original account holder used in the transactions he/she makes using the Website. Company /Davaee.com 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 number for using the Website.
The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and Davaee has no control over the same. By placing an order on the site, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of that website, or affiliated websites where reference to such affiliated websites has been specifically made. However, subject to development of the mode of payment the payment gateway might change.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information is not received, stored by or retained by Davaee.com/company in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
13. SHIPPING AND DELIVERY
To start with Davaee.com offers Shipping all over Karnataka. Davaee promises to provide You with a best-in-class shopping experience at every step of the way. We assure You that all due precautions are taken so that Your Products/Medicines reach you intact. We take pride in delivering on time, every time.
i. FREE Delivery for any order value of Rs.750 or more. Our standard delivery charges are Rs.49 for order value less than Rs.750.
ii. For estimated delivery time You will receive an email /SMS with the tracking number as soon as the Products/Medicines are shipped.
iii. Orders are dispatched within 24 hours. Most orders are delivered within 24 hours to 48 hours. Delivery could take a little longer for remote locations.
iv. For surgical equipments the delivery usually takes 2-4 days depending on availability and your location.
v. Delivery & billing address of all orders must be duly filled at the time of placing the order. We are not liable for packages that are sent to the wrong address when the address information is not entered correctly.
vi. Products/Medicines are not shipped on public holidays. Delivery time may vary depending on the delivery location as well as the type of product you order.
14. RETURNS Policy
At Davaee.com, we do our best to ensure that you are completely satisfied with our products, we are happy to issue a full refund based on the conditions listed below:
a. Received a defective item
b. The ordered product lost or damaged during transit
c. The ordered item is past its expiry date
d. Received wrong product
i. Any item found faulty on delivery should be reported to Davaee team immediately upon delivery or within 03 working days.
ii. This must be notified to Us via email (email@example.com ) with the images of the medicines/products, along with Your details including Name, Address and Order confirmation Number
iii. Davaee will arrange for a return pickup and replace if found the Products/Medicine are tampered or expired or wrongly shipped, the customer will not be charged delivery charges. If the website or company does not have return pick up option in your pin code, the Products/Medicine must be shipped back to Us. This will be communicated during request raised for return.
iv. Returns will not be accepted for medicines/products such as Sanitary napkins, baby napkins, lifestyle products like beauty cream and refrigerated items. Also shall not include any product including product damaged after receipt due to mishandling or misused by you. It is clarified that in case you order a wrong item, you shall not be entitled to any return, replacement or refund.
v. We strongly recommend that you inspect the product shipped to you at the time of taking delivery and do not accept delivery in case you receive a Returnable Item.
vi. If the items bought by you are Returnable Item (as defined in the Terms), please ensure that you return the product unused with all tags and original packing intact. After the expiry of the specified time period the claim will however be considered time barred and Davaee.com shall assume no responsibility or liability thereafter.
vii. If you had made an online payment we will reverse the payment in a similar fashion. In case of Cash on Delivery or Bank Deposits as modes of payment, we will issue a cheque in the registered customer name and mail it to the relevant customer address recorded with us.
viii. Please be advised that we do not guarantee the refund payment processing time of third parties/banks etc. Any delays that occur as a consequence will not be our responsibility; however we will provide all assistance to expedite the same.
ix. Refunds issued will be for the cost of the merchandise only; delivery charges/ offers availed will not be reimbursed.
x. Davaee.com reserves the right to refuse returns (or refunds) for certain products.
After placing an order, if the Customer wishes to cancel the order, the Customer shall send an email to firstname.lastname@example.org or contact us via phone with order details that need to be cancelled with a reason. You can cancel your order online within 4 hours of placing the order. In case the item You have ordered has been shipped but has not yet been delivered to You, You cannot cancel the order.
i. The Delivery of the order shall be attempted twice, If the user is unavailable at the delivery address after two (2) attempts the order shall stand cancelled.
ii. If the User has ordered restrictive medicines, You agree and oblige to display authentic and original prescription and allow our logistic partner to validate your prescription and put a seal and sign the prescription along with date the products/Medicines have been dispensed failing which the order shall be cancelled.
16. USER OBLIGATIONS
i. agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any Products/Medicine listed on the Website, or accessing/using any information displayed thereon.
ii. Agrees that they are solely responsible to Davaee and to any third party for any breach of Your obligations under the Terms of Service and for the consequences (including any loss or damage, which Davaee or its affiliates may suffer for any such breach.
iii. Agrees and acknowledges that Davaee is not the manufacturer of the Products/Medicines and the Website shall in no manner be deemed to be the manufacturer of the Products/Medicines on this Website. Davaee is only facilitating purchase of the Products/Medicines by providing the Services to You.
iv. Agrees that Davaee may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
v. Agrees to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/debit card, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card.
vi. Agrees to show a valid proof of ID and ID number in order to collect the products delivered by the logistics partner.
vii. Agrees and understands that all items purchased from the Website are made pursuant to a shipment contract which means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
17. RESTRICTED USE
You are a restricted user of this website.
i. You may not, and You shall ensure Your Authorized Users do not cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Software. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Software is not permitted.
ii. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
iii. In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
c. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e. Post any file that infringes the copyright, patent or trademark of other legal entities;
f. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
g. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
h. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
i. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
j. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
k. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
l. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m. Violate any applicable laws or regulations for the time being in force within or outside India;
n. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
o. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
q. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
r. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
s. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.
You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any Products/Medicines or services, including, but not limited to, Products/Medicines or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
18. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, Davaee may in its sole discretion limit the User's access and/ or activity by immediately removing the User's access credentials either temporarily or indefinitely, or suspend/ terminate the User's membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
a) If the User is in breach of any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User's actions may cause any harm, damage or loss to the other users or to the Website, at the sole discretion of Davaee.
19. REVIEWS, FEEDBACK AND SUBMISSION
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of Davaee. Such disclosure, submission or offer of any Comments shall constitute an assignment to Davaee of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Davaee shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
Davaee will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. Davaee is and shall be under no obligation to:
i. maintain any Comments in confidence; or
ii. pay compensation for any Comments; or
iii. Respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Service or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
You further agree that no Comments submitted by you on the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of 'spam'. Davaee does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant Davaee the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify Davaee and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.
20. INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and Davaee, its parent, subsidiaries, affiliates, employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User's obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall Davaee/Website be liable to compensate the User 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, and whether or not Davaee/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User's use of or access to the Website and/or the Services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in Davaee/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
21. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of Davaee. Furthermore, with respect to the Website created by Davaee, Davaee shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits Davaee/Website, to be determined in the sole discretion of Davaee.
The User is aware that the Services and Products/Medicines are creations of their respective owners, and all intellectual property, including but not limited to copyrights, relating to said Products/Medicines and Services resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned owners to the Website, or to the User.
The User is further aware that any reProducts/Medicineion or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
22. DISLAIMER OF WARRANTIES AND LIABILITIES
i. Except as otherwise expressly stated on the Website, all Products/Medicines offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
ii. All commercial/contractual terms are offered by and agreed between the User and Davaee alone. The commercial/contractual terms include without limitation, price, return shipping costs, payment methods, payment terms, date, period and mode of delivery, and other services related to Products/Medicines.
iii. The User understands and agrees that Davaee uses commercially reasonable efforts to display the colors of original Products/Medicines accurately via the Website and Services. However, because individual computer monitors may display colors differently, Davaee is not responsible for the color accuracy of any Products/Medicines displayed on the Site and Services, and disclaims all liability in this regard.
iv. The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User's belongings, or any third party, resulting from the use or misuse of any Products/Medicine purchased or service availed of by the User from the Website.
v. The User is solely responsible for the security and confidentiality of his/her credit/debit card details. Davaee expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
vi. Davaee shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Davaee with our acquiring bank from time to time.
vii. Davaee does not guarantee that the functions and Services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Website.
viii. The Website/ Company will not be responsible for any damage suffered by users from use of the medicines ordered by them. The Website/Company disclaims any and all liability regarding the quality, quantity, and delivery of the medicines to the User. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
ix. The Products/Medicines are sold to you on the premise that you have received advice from a doctor and that you are not self-medicating. Information on this site is provided for knowledge purposes only. It is not meant to substitute for the advice provided by your own physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribe any medication without consulting your doctor. If you have or suspect that you have a medical problem, promptly contact your health care provider. Information and statement regarding dietary supplements have not been evaluated by the Food and Drugs Administration and are not intended to diagnose, treat, cure, or prevent any disease.
x. While we work hard to ensure that all Products/Medicine information is correct, manufacturers sometime change their packaging and Products/Medicines for which we may not be liable. You may use our website, as a reference. But You should carefully read all Products/Medicine packaging, and contact the manufacturer with any question before using a Products/Medicine. We are not liable for inaccuracies or misstatement about Products/Medicines. The Website shall not be liable for your access and use of the website/ Application, any information contained on the website/ Application, you or your Company's personal information or material and information transmitted over our system.
xi. In particular, neither the Website Owner nor any shareholders/members of the Company shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any Products/Medicines. It is entirely the partnering Pharmacy's liability to