Terms & Conditions
Company shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms and Conditions ("Terms"). The revised Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be your responsibility to check the Terms periodically for changes. Company may require you to provide your consent to the updated Terms in a specified manner prior to any further use of the Website and the Services, provided on the Website. If no such separate consent is sought, your continued use of the Website, following changes to the Terms, will constitute your express acceptance of those changes.
Company reserves the right to refuse access to use the services offered at the Website 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. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party.
The Website requires you to register as a User by creating an Account in order to avail of the services provided by the Website. 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, 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 Section 4. You may be held liable for losses incurred by company or any other User of or visitor to the Website 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 also allows / shall allow restricted access to the Website for unregistered Users. You shall ensure that the Account Information provided by you in the Website'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 by You. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions he/she makes using the Website. 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 number for using the Website.
(a) All commercial terms such as price, services are as per principal to principal bipartite contractual obligations between User and the Vendor.
(c) You, as a User, understand that upon initiating a requisition on the Website that you are entering into a legally binding and enforceable contract with the Vendor to purchase the services from the Vendor on a cash on delivery basis or such the mode as may be specified by company.
(d) 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 services made only if the Vendor or its agent/employee is satisfied that the prescription is in compliance with applicable norms. As a further addition in the process for fulfillment, our partner retailer would require your original prescription for validation and verification.
(f) 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.
(g) The User and Vendor 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 which is beyond control of company.
(h) The customer also agrees to pay a nominal fee for the same.
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. Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content in the manner prescribed under Section 17 herein.
If Website allows you to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
• Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• 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 or another's computer;
• 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);
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
• 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 company, including any company 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;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
• Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
• Use the Website 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 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.
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 Vendor of the service and company shall in no manner be deemed to be the Vendor of the Products on this Website. Company is only facilitating purchase of the service by you from the vendors by providing the services to you. You agree that company 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.
• 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;
• You may not remove any text, copyright or other proprietary notices contained in the Product catalogues or any other materials available on the Website.
The rights granted to you in the Product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website 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 shall not be copied or retransmitted unless expressly permitted by company. Any software that is available on the Website is the property of company or its vendors. You may not use, download or install any software available at the Website, 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 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 used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person. Once you subscribe with Aarogya365, you shall use the prescription exclusively via Aarogya365 and shall not use the same prescription to fulfill for any reason via Aarogya365 partner vendors.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of company or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of company, the relevant vendor or the third party 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 to and into the trademark www.Aarogya247365.com, and the Website, 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), 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.
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 or any services or materials, either with or without your knowledge. Company has endeavored to ensure that all the information on the Website 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 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, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, company shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website 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 is at Your risk.
Notwithstanding anything to contrary, company's entire liability to You under this Terms or otherwise shall be the 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, services or materials. company is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Company cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any
Company does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer. It no time shall company holds any right, title or interest over the products nor shall company have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Company is not responsible for 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.
You agree that company may, in its sole discretion, and without prior notice, terminate Your access to the Website, 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 or any service offered on or through the Website; or (4) 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.
• 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, 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 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 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, company may delete any content or other materials relating to Your use of the Website and company will have no liability to You or any third party for doing so.
A User can unsubscribe / opt-out from receiving communications from company through SMS and e-mail anytime by:
• Visiting www.aarogya247365.com to unsubscribe from messages/ SMS; and
• Newsletters sent daily at the registered email address:
by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
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.