IMPORTANT NOTICE: YOU ARE REQUESTED TO READ THE TERMS AND CONDITIONS FOR THE USE OF www.doorbellpharmacy.com CAREFULLY
The following terms and conditions of use (here-in-after referred to as the "Agreement" or "Terms and Conditions"), applicable to your use of www.doorbellpharmacy.com (hereinafter referred to as "Website"), which is a website for carrying on the business of a new retail chain of medical shops that aims to change the way you interact with your neighbourhood chemist. The Terms and Conditions is an agreement between you as the user(s) of the website and www.doorbellpharmacy.com (hereinafter referred to as "Owners").
You, the User, by accessing or becoming a member of the Website shall be deemed to have accepted these Terms and Conditions and shall be bound by the terms hereof. If you do not agree to or wish to be bound by the Terms and Conditions, you may not access or otherwise use the Website.
These Terms and Conditions shall be effective from 1 February 2013.
- 1. Eligibility to the Use of the Website and Membership to the Website:
- Use of the Website is available only to and restricted to persons who are capable of entering into legally binding agreements or contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site.
- If your age is below that of 18 years, you are prohibited from the use of the Website and / or ordering or purchasing any material or products from the Website.
- The Owners and the Website reserve their right to terminate your membership and refuse to provide you with access to the Website for any reason whatsoever, including if the Owners or the Website discover that you are under the age of 18 years or incapable of contracting. The Website shall not be available for use by persons whose membership has been suspended or terminated by the Website or the Owners for any reason whatsoever.
- If you are found to be a "recreational user" or a "drug dealer", your membership will be immediately revoked with no refund.
- 2. Scope of Services
- The Website offers for sale certain recurring medicines and formulations and other related products ("Services") to its registered Users ("Members") only and in accordance with the information and prescriptions provided by the Members to the Website.
- You agree that the Service should not in any manner be interpreted or construed to be medical advice or in any way to be advice on medical treatment. You are advised to only use and/or consume medicines or formulations based on the recommendation of a competent medical practitioner. We are not doctors, physicians, pharmacists or medical professionals.
- The Services do not and should not be construed as an endorsement or guarantee of any other website/listing/source, or as any statement or opinion in regards to healthcare in general, or any medicine or formulations. Remarks and data comprising the Service are for informational purposes only and are provided without warranty of any kind.
- The products sold on the Website are medicines and formulations produced and manufactured by third parties. The Website and /or the Owners do not in any way make any representations or warranties in relation to the products available or sold on the Website. Neither the Website nor the Owners shall be in any way held responsible for the quality, fitness or appropriateness of the products available or sold on the Website.
- The prices of medications or formulations are indicative only and may vary from time to time depending upon market conditions. We have no way of ensuring the quoted prices on any medications or formulations.
- The Website’s rankings and evaluations, if any, are provided as a guideline and are mere estimations. Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information.
- Neither the Website nor the Owners accept any responsibility for any errors or omissions, or for the results obtained from the use of the Products. All information on this Website or Products available for sale or sold from the Website are being provided or sold on an "as is" basis without any guarantee of quality, fitness, completeness, accuracy, timeliness or of the results obtained from the use, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
- 3. Membership
- All information provided by you to us will be accurate and complete and you shall advise us promptly of any changes.
- If any information by provided by you is incomplete or inaccurate in any form or manner, you membership is liable to be terminated immediately, without notice, at the sole discretion of the Website and / or the Owners.
- Each member shall be given a username and password and you shall be fully responsible for monitoring, maintaining and protecting the security and secrecy of your account. You shall be fully responsible for any actions done or shall be obligated to make payments for any purchase from your account whether the same was done by you or any other person with or without your authorization.
- The Website and the Owners reserve the right to temporarily or permanently suspend your account if in the opinion of the Website or the Owner there is unauthorized access to your membership account. However, failure of the Website or the Owner to suspend the account does not in any way absolve you from your responsibility in relation to your account.
- 4. Purchase and Sale of Products
- Only Registered Users may purchase medications, medicines, formulations or other products from the Website.
- All purchase or orders for Products from the Website shall be made by Registered Users against valid prescriptions only. The Registered User shall submit a copy of the valid prescription with the Website and shall provide the original of the valid prescription for verification to the authorized person of the Website at the time of the delivery of the Products.
- You, as the Registered User, represent and warrant that the order of the Products from the Website is against a valid prescription from a registered medical practitioner. The Website and the Owner are providing and delivering the Products to you based solely on and believing your representations and warranties contained in these Terms and Conditions.
- In case it comes to our notice or is found by the Website and / or the Owners that the Products are being purchased or ordered by you without a valid prescription from a registered medical practitioner, the Website and the Owner reserve the right to refuse to sell, deliver or provide the Product to you and terminate your membership, without notice.
- For the terms and conditions governing shipping and delivery please refer to our Shipping Policy. The terms of shipping policy shall be deemed to be incorporated herein by reference and you agree to be bound by the terms of the Shipping Policy. [Refer to point 5]
- For the terms and conditions governing return of Products and refunds, please refer to our Returns Policy. The terms of Returns Policy shall be deemed to be incorporated herein by reference and you agree to be bound by the terms of the Returns Policy. [Refer to point 6]
- 5. Shipping:
- Doorbell Pharmacy will always send your medicines with its own employees
- Doorbell Pharmacy will never use couriers or other shipping & logistics companies to send your medicines.
- All medicines are signed and certified by our team of registered Pharmacists.
- Your package will never leave the sight of our team and will be sealed before leaving the pharmacy
- 6. Returns:
- Doorbell Pharmacy has a comprehensive returns policy.
- We will accept returns on on any medicines sold to you by Doorbell Pharmacy as long as it has not been opened and has not crossed expiry.
- Any other unique case will be carefully considered by our team to provide you with the best and most professional experience.
- 7. Intellectual Property Rights
- The Owner is the sole owner of all the rights to the Website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The Website content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and its content shall remain with the Owner, its affiliates or licensor's of the Website’s content, as the case may be. The Owners reserve the right, to at its sole discretion and without any obligation or notice, to make improvements to, changes or correct any error or omissions in any portion of the Wesbite.
Doorbell Pharmacy Logo and related icons and logos are registered trademarks or trademarks or service marks of the Owner in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this Website is the copyright of the Owner except the third party content and link to third party websites on the Website.
- You agree that you shall not use of the content of this Website or any part thereof without the express permission of the Owner nor infringe upon the intellectual property rights (including copyright or trademark) of the Owners. You agree not to reproduce, distribute, sell, publish, broadcast, or circulate any information received through the Service to anyone without our prior written consent. You may not post any content from the Service to news groups, mail lists or electronic bulletin boards, without our prior written consent. Any such unauthorized use or infringement shall be in violation of law and will invite legal action against you. The Owner and the Website reserve the right, at their sole discretion, to terminate the account of any User upon any unauthorized use of the content of the website or the infringement of the intellectual property rights of the Owner or its affiliates, without notice.
- 8. Confidential Information
- The Website and the Owners respect your privacy. The Website and the Owners reserve the right to seek any further information from you as and when required in the sole opinion of the Owner or the Website.
- All Medical Information provided by the you to the Website shall be kept confidential by the Website and the Owners and shall not be disclosed by the Owners or the Website to any third parties, provided that nothing in this clause shall prevent the Owners and the Website to disclose such Medical Information:
- to its employees, agents, servants or representatives as may be required for the purpose of provision of the Services and record keeping purposes of the Owner or the Website provided that the Owner shall ensure that appropriate clause are included in the contract with such employees, agents, servants or representatives to protect the Medical Information of the User;
- pursuant to any order or direction of any court, tribunal, judicial authority or any governmental authority;
- which is in the public domain without the violation by the Owner or the Website of its obligations under this Clause 6.
- You specifically permit the Website and the Owner to share or sell to any third party the contact list of the Website or the Owner, which would include your contact details (including your phone number, address and email address).
- 9. Permission to the Website and the Owner to Contact the User:
- You specifically permit the Website, the Owner, their affiliates, their employees, agents, servants or representatives to contact you through calls, SMS, email or post at the contact details that have been shared by you with the Website in relation to the provision of Services.
- Further, you specifically permit the Website, the Owner, their affiliates, their employees, agents, servants or representatives to contact you through calls, SMS, email or post at the contact details that have been shared by you with the Website for any promotional material in relation to the Website or any third party.
- 10. Limitation of Liability:
- In no event will the Website or the Owners be liable for any direct, indirect, consequential, or incidental damages arising out of any decision made or action taken by you in reliance on the Service or the Products, whether or not caused in whole or part by our negligence.
- If, notwithstanding the above, the Website or the Owner is found liable for any loss or damage relating to the use of the Website or the Products, the User agrees that the liability of the Website and the Owner shall in no event exceed the fee or charge to the User assessed by the Wesbite.
- 11. Failure to Access Service:
- You agree that the Website and/ or the Owner are not responsible for your inability to log-on to the Website or your membership account, either because of failure of your internet connections, incorrect typing of log-ins or passwords, and/or browser incompatibility.
- The Owner shall make best efforts to ensure that the servers of the Website remain operational with adequate performance and response time. However, there may be times when the servers are down or response time is slow due to power outages, network problems, regular maintenance, or high traffic volumes. You agree that neither the Website nor the Owners, are responsible or liable, for any loss or damage caused by your inability to use or access the Website or the Service, whether or not caused in whole or part by our negligence.
- 12. Change or Amendments to the Terms and Conditions:
- The Owners and the Website shall have the right, at any time, to change, amend or replace these Terms and Conditions, at their sole discretion and without notice to you and you agree to be bound by the Terms and Conditions so amended, changed or replaced.
- It is your responsibility to regularly check the Terms and Conditions for changes and in any case prior to accessing or using the Website or the Services.
- 13. Indemnification:
- You agree to defend, indemnify, and hold the Website and the Owners, thir employees, agents, servant and representatives harmless from and against all and any liabilities, direct or indirect damages, claims, actions, costs, expenses (including legal expenses) in connection with or arising from your breach of these Terms and Conditions.
- 14. Governing Law and Jurisdiction
- The Terms and Conditions (including any other documents incorporated by reference) shall be governed and construed in accordance with the laws of India and only the courts and tribunals of competent jurisdiction at Mumbai shall have exclusive jurisdiction with respect to any suit, action or any other proceedings relating to these Terms and Conditions. This document is an electronic record in terms of Information Technology Act, 2000 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.
- 15. Dispute Resolution
- All disputes between the parties hereto arising from or in relation to any matters covered by these Terms and Conditions including any questions regarding the validity of these Terms and Conditions shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 and in the manner set out in this Clause 13.
- The party shall serve a written notice of dispute (“Dispute Notice”) to the other party and the parties shall make best efforts to resolve the disputes within 15 (fifteen) days from the date of the Dispute Notice (“Resolution Period”). In case the parties are unable to resolve their dispute within the Resolution Period, the parties shall refer their dispute to a sole arbitrator jointly appointed by the User and the Owner. In case the User and the Owner are unable to agree to the appointment of a sole arbitrator within 30 (thirty) days from the expiry of the Resolution Period, each party shall appoint an arbitrator and both arbitrators so appointed shall appoint a third arbitrator, who shall be the chairman. The award of the arbitral panel so constituted shall be final and binding on the parties.
- The arbitration shall be conducted in English language and the seat of arbitration shall be Mumbai.
'Medical Information' shall mean any information regarding diseases, inflictions or medical conditions of the User shared with the Website or any medications or formulations that may be ordered / purchased from the Website, details of any doctors or prescriptions submitted by the User to the Website or results or prognosis of any medical tests that may be shared by the User with the Website.