Jagrok

TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Website. This electronic record is generated by a computer system and does not require any physical or digital signatures. By registering at or merely browsing on Our Website/Mobile Application.

Unless otherwise provided by context, wherever the rights, privileges and responsibilities of the Website are referred to, it shall mean to include the rights privileges and responsibilities of the Company.

On accessing the Website/Mobile Application on this and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions of use at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new terms and conditions. If You do not accept the Terms and Conditions, then please don’t use the Website/Mobile Application or avail any of the Services being provided therein.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a member/subscriber of the Website/Mobile Application by providing registration data while registering on the Website/Mobile Application as Registered User using the computer systems. The Website/Mobile Application allows User to surf the Website/Mobile Application without registering on the Website. The term "we", "us", "our" shall mean JAGROK HEALTHCARE

The terms and conditions is written in English and is the complete and exclusive agreement between the You and JAGROK HEALTHCARE regarding the usage of this Website/Mobile Application JAGROK HEALTHCARE. By clicking or entering into the Website/Mobile Application or any other device or using the website through any medium of connectivity and communication and or dealing in any manner whether commercial or non-commercial, You agree to be bound by the terms of the terms and conditions as stated hereinafter

We, at JAGROK HEALTHCARE. (here onwards to be referred to as “Us”, “We”, “Our”) provide services to all individuals accessing or using our website, which shall act as a digital platform for sale of medicine (here onwards to be referred to as “the Platform”) or for any reason by the User of the Platform (here onwards to be referred to as “User”, “Recipient”) be subject to the notices, terms, and conditions as set forth in these terms and conditions (here onwards to be referred to as “Terms and Conditions”). The Platform is owned and operated by ---, a company JAGROK HEALTHCARE duly incorporated under the provisions of the Companies Act, 2013. By accessing or browsing the Platform and using the Services (as defined below in Clause 3) the User indicates their agreement to all the terms and conditions in this Agreement. If the User disagrees with any part of the Terms and Conditions, then such User may discontinue access or use of the Platform.

ARTICLE 1: DEFINITIONS

1.1] All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:

1.2] “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court.

1.3] "User" means the holder of online account with Company through Website/Mobile Application.

1.4] "RBI" means the Reserve Bank of India.

1.5] "RBI Regulations" means the Act and regulations made thereunder

1.6] "Services" means the features as provided in the Website/Mobile Application which be used by Users who are the customers of Company and as stated in Article 2.2 below

1.7] “Site” shall mean https://jagrokhealthcare.in/home

1.8] "Terms and Conditions of Service" or "T&Cs" refers to the terms and conditions that are available at the Site/Mobile Application for the use of Services.

1.9] “Transaction" shall mean every payment made for the Services by the Vendor using the said Website/Mobile Application

1.10] "We", "Our" or "Us" refers to Company. "You", “Your or “Yourself” shall mean reference to User and any other user accessing the Website/Mobile Application.

ARTICLE 2: WHAT IS JAGROK HEALTHCARE. ALL ABOUT?

2.1] https://jagrokhealthcare.in/home is a website portal and also has the Mobile Application listed on Google Play and probably other avenues and https://jagrokhealthcare.in/home provides the service as defined at 1.6 above. There is no principal / agent relationship of any kind nor shall be implied from the provision of this service.

2.2] Through the Platform, we provide the User with the following services (here onwards to be referred to as “Services”):

2.2.1] Display, advertisement, sale and delivery of medicines including products in categories like medicines, medical devices, cosmetics and food products, vitamins and supplements, baby food, personal care, health foods over the counter drugs, other pharmaceutical products and certain fast moving consumer goods .

2.2.2] Any other service that is made available on the Platform from time to time. The sale and purchase of Products on the Platform is solely undertaken by JAGROK HEALTHCARE. By transacting on the Platform in respect of any products, the User agrees to be bound by these Terms and Conditions and are entitled to enforce any and all available remedies, under contract or law, only against JAGROK HEALTHCARE. The User further agrees and acknowledges that the Products being purchased by them are being sold and fulfilled only by JAGROK HEALTHCARE

ARTICLE 3: ELIGIBILITY

3.1] Users agrees to be aware of the following primary eligibility criteria:

3.1.1] The User shall be at least 18 years old and if not, then such User shall be accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the Recipient of the end User of the Services for the purpose of these Terms and Conditions. In such a scenario, the parents or legal guardians who shall be the end User, can transact if they are registered Users. Such a User shall also be prohibited from purchasing any product, the sale or purchase of which to/by minors is prohibited and which is for consumption by adults only.

3.1.2] The User who is "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including but not limited to un-discharged insolvents etc. are not eligible to use the Platform.

3.1.3] The User who has not been previously suspended or removed by Us or disqualified for any other reason, from availing the Services.

3.1.4] We reserve the right to terminate membership of an User and/or refuse to provide the User with access to the Platform if we discover that such User is under the age of 18 years.

ARTICLE 4: DUE DILIGENCE

4.1] The User exercises the sole responsibility for the medical, health-related and personal information which is provided by the User on the Platform, and the User is requested to use discretion in providing such information.

4.2] The User shall provide the accurate and comprehensive information while accessing the Platform, based on which they will receive the Services.

4.3] The User shall exercise the sole responsibility for all access to and use of this Platform by anyone other than such User, who is using the password and identification originally assigned to the User, whether or not such access to and use of this Platform is authorized by such User, including without limitation, all communications and transmissions which have taken place through such access or use. The User is solely responsible for protecting the security and confidentiality of the password and identification assigned to them.

4.4] The information provided by the User may be used by Us for the purpose of Services including analysis, research, training and disclosure (where required) to our affiliates, vendors, agents and government authorities, etc.

4.5] We reserve the right to refuse service or terminate accounts at our discretion, if we believe that the User has violated or are likely to violate applicable law or these Terms and Conditions.

ARTICLE 5: PROHIBITIONS

5.1] The User can only view and access the content available on the Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. The User is not permitted to distribute, reproduce, display, sell, lease, transmit, create derivative works from, modify, reverse-engineer, disassemble, or otherwise exploit the Platform or any portion of it unless expressly permitted by Us in writing.

5.2] The User is not permitted to create third-party rights by the way of assign, transfer or subcontracting of any rights provided under these Terms and Conditions, unless expressly agreed to by Us.

5.3] The User is not permitted to use the information provided on the Platform for commercial use.

5.4] The User may not impersonate any person or entity, or falsely state or otherwise misrepresent their identity, age or affiliation with any person or entity

5.5] The User being bound by these Terms and Conditions shall not upload any content prohibited under applicable law, and/or designated as “Prohibited Content” under Clause 5 below.

ARTICLE 6: CHARGES POLICY

6.1] The Shipping Charges or the Delivery Charges shall be displayed at the end check-out page once a product has been added to the Cart, along with any other applicable charges, payable accordingly at the time of placing the order.

6.2] “Pay on Delivery” (here onwards referred to as “POD”) is a payment method by which the User shall be able to pay the order placed in cash when the items ordered get delivered at the shipping address.

6.3] The POD option shall be available only at selected locations only.

ARITCLE 7: REFUND AND RETURN POLICY

7.1] The products which are sold are medical products and hence the Products which are being ordered is and will be given upon You submitting the Doctor’s Subscription and hence for such products, You can refund the Products within 48 hours of delivery and for Products which are not as per Doctor subscription shall be refund within 36 hours. The Refund of the following Products will not be taken into consideration:

Products which are broken and Packet was opened
Products which are not in good shape or in a manner to be re-used
Products which are meant as Non-Refund Product at the time of You placing the order

This Policy is not applicable for products which are categorized as Non-Refund Product at the time of placing the order

7.2] In the of a refund on return of Products, the refund amount specified at the time of return on the Platform is an estimate and shall be finalized after completion of verification. Once the pick-up of the return is completed and the product is verified by Us, a refund of the total amount paid for the Products returned by the User will be initiated for eligible returns.

ARTICLE 8: MEDICINE DELIVERY POLICY

8.1] For any User to place an order for purchase of medicines, a valid prescription shall be mandatory to be uploaded. The User shall upload a scanned copy of the prescription on the Platform.

8.2] By uploading the prescription, the User being bound by the Terms and Conditions of the site to upload a valid prescription which shall be examined by a registered pharmacist wherever applicable and once the prescription gets accepted by the examining pharmacist the order placed by the User shall be confirmed.

8.3] The User may be required to display the prescription, online or offline for the purpose of record keeping by Us, either at the time of delivery of the order placed or at the time of picking up of the medicines.

ARTICLE 9: ADDITIONAL INFORMATION

9.1] We shall be having the right to cancel any such orders placed for the Products, unless the order has already been dispatched, at our own discretion. in a case where We incur extra cost for re-delivery of an order for which the delivery had failed in the first attempt because of wrong address or information being provided by the User.

ARTICLE 10: PROHIBITED CONTENT

10.1] The User shall upload any such content, in case such uploading feature is available and or comments sections are open for comment, which includes but is not limited to the following Prohibited Content:

10.1.1] Such information which belongs to another person to which the User holds no right on.

10.1.2] Such information which is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws of the land.

10.1.3] Such information which relates to or seems to encourage money laundering or gambling.

10.1.4] Such information which harm minors in any way.

10.1.5] Such information which contains software viruses and malicious programs

10.1.6] Such information which is not relating to the medical consultation or relating to any of the Services the User avails from us

10.1.7] Such information which impersonates another person.

10.1.8] Such information which is not relating to the medical consultation or relating to any of the Services the User avails from us.

10.1.9] Such information which violates any law in India for the time being in force.

ARTICLE 11: FEES AND SUBSCRIPTION

11.1] Users have been allowed to use the Website/Mobile Application for FREE OF CHARGE, till not modified.

ARTICLE 12: LIMITATION OF LIABILITY

12.1] By using our Services, the User confirms that they understand and agree to the following:

12.1] To the extent permitted by applicable law, --- (the Company Name) or its affiliates will not be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:

a) These Terms and Conditions and Privacy Policy.

b) The User’s access or inability to use or access the Platform.

c) The User’s use of any third party services which the User contacted through the Platform.

12.2] JAGROK HEALTHCARE does not warrant that the Platform or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through the Platform.

12.3] Although JAGROK HEALTHCARE takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Platform, We do not represent or warrant that the Platform, or the Service or Products or materials that may be made available through the Platform are free from such destructive features. JAGROK HEALTHCARE is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.

12.4] To the extent permitted by law, We shall not be liable to the User or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on the User’s information system), even if JAGROK HEALTHCARE has been advised, knew, or should have known of the possibility of such damages, arising out of or related to:

a. The User’s use of or reliance on the Platform, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to the User through the Platform.

b. The User’s provision of information, personal or otherwise, to JAGROK HEALTHCARE.

c. The provision of Services by JAGROK HEALTHCARE.

d. The acts or negligence on the part of JAGROK HEALTHCARE, its agents or employees.

e. The errors, delays or deficiencies in services or theft or damage of Products, attributable to third parties who assist JAGROK HEALTHCARE such as delivery partners.

12.5] To the fullest extent permitted by law, JAGROK HEALTHCARE disclaims and excludes all warranties and representations, express, implied or statutory, with respect to the Our platform or Our services, or with respect to the accuracy, currency or completeness of the information provided by Us, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property right. The Platform, including, without limitation, all content, information and links contained therein, is provided “as-is” without any warranty that it will be uninterrupted or error free. The User expressly agrees that their use of the Platform is at their sole risk.

12.6] Notwithstanding anything herein to the contrary, Our aggregate liability (whether in contract, tort or otherwise) for any loss or damage that the User may incur on any account whatsoever, arising out of the User’s use of the Platform, shall be limited to a sum equal to the amount paid or payable by the User for the Product(s) or Services in respect of one incident or series of incidents related to the same cause.

12.7] We reserve the right to refuse Service, terminate accounts, remove or edit content, or cancel orders anytime at their sole discretion.

12.8] No claims or action arising out of, or related to, the use of the Platform or these terms and conditions may be brought by the User more than one (1) month after the cause of action relating to such claim or action arose.

12.9] We have selected the Products on the basis that they will be used for personal use only. If the User is planning to use them for business purposes, Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In regards to the business users, neither do we accept the liability of the fitness of the Products for business purposes, nor do we accept the liability for loss of use of the Product, and even deny the liability of any loss over and above the cost of the Products in the event of claim for breach of warranty or condition. This section shall survive the termination of this Agreement and the termination of the User’s use of our Services or the Platform.

ARTICLE 13: INDEMNITY

13.1] The User by using the Platform, and/or availing the Services agrees to the extent permitted by law to indemnify and hold Us, and our affiliates, Directors, Officers, Employees, Agents, Contractors harmless with respect to any claims, losses, costs, charges, expenses inclusive of the Attorney’s Fees that the Indemnified may incur because of:

The User’s breach of these Terms and Conditions.
The User’s use of the Platform and/or the Services.
Incorrect or inaccurate credit / debit card details provided by the User.
The User using a credit / debit card which is not lawfully owned by them.
The User permitting a third party to use their password or other means to access their account.
The User providing a false, forged, unauthorized or manipulated prescription
The User’s non-compliance with applicable law or regulations in the jurisdiction in which they are accessing the Platform and/or the Service.
Any action taken by Us as part of its investigation of a suspected violation of these Terms and Conditions or as a result of its finding or decision that a violation of these Terms and Conditions has occurred.

ARTICLE 14: INTELLECTUAL PROPERTY RIGHTS

14.1] Intellectual Property Rights means any trademarks, brands, logos, know-how, service marks, rights in designs, utility models, copyrights, trade and business names, rights relating to trade secrets or confidentiality, patents, inventions, rights in computer software, moral rights, database rights, know how, rights in domain names, drawings, technical information, specifications, instructions, processes, formulas/e and all rights of a similar nature subsiding anywhere within the world and rights to apply for protection in respect of any of the foregoing rights and/or any rights of Company in any specialized or other software that Company may provide or make available to You including documentation whether or not any of the aforesaid are registered, and including any application for their registration. You will not gain by virtue of gaining access to https://jagrokhealthcare.in/home any rights of ownership of copyrights, patents, trade secrets, trademarks or any other Intellectual Property Rights owned by Company. Nothing in this Document shall give You, end users or any other third party any rights, title and interest in the website https://jagrokhealthcare.in/home that vest in Company solely and wholly. You understands and agrees that you shall not have or obtain any rights in or to any Trademarks, labels, symbols, logos, copyrights or other property rights (this clause speaks of all the services we provide and all content on the Website including but not limited to design, copy, search results, images, graphics, structure, layouts and the underlying software code) and all this are protected by copyright and trademarks. All rights are reserved, except for the limited licensed rights expressly granted below. You may not reproduce, republish, transmit or distribute any material or information on the Website/Mobile Application without our prior consent. We reserve the right, in our sole discretion and without notice to you, to terminate your licence to use of the Website as User or otherwise and to prevent future access by you to the Website. Nothing herein shall (a) provide to You any rights or license to use any Confidential Information in any manner other than as specifically provided for in this terms and conditions; (b) provide to You any rights or licenses to any intellectual property under any patents, copyrights or trademarks now or hereafter owned or developed by Company; or (c) be deemed to create any assignment to You of intellectual property rights in the Confidential Information and any revisions or modifications thereof, all of which rights are expressly reserved by Company

14.2] You/Users shall not directly or indirectly obtain or attempt to obtain any right, title or interest in or to any Intellectual Property Rights and agrees not to contest ownership of the Intellectual Property Rights or goodwill associated therewith. You/Users further agree to take no action whatsoever which might jeopardize, limit or interfere with ownership or use of the Intellectual Property Rights of Company. You/Users agrees to inform Company immediately of any act of unfair competition or infringement of any Intellectual Property Right of which the You/Users may become aware. Not informing about the same shall amount to failure in obligation of You/Users.

14.3] The Website/Mobile Application are and will and shall at all the time remain the sole and exclusive property of Company.

14.4] You/Users agrees that, it shall not at any time (i) break or reverse engineer the technology relating to the Products; (ii) test or cause to be tested the Product to analyze the process or the technology developed by Company or (iii) use any information, basic engineering and manufacturing techniques, designs, drawings, etc. if received or obtained in respect of this technology developed by Company to develop the Products on its own or through its subsidiaries, associates and sister concerns or by any other third party.

14.5] Nothing in this Document shall give You or any other party using the Product any rights, title and interest that vest in Company solely and wholly. You understands and agrees that you shall not have or obtain any rights in or to any Trademarks, labels, symbols, logos, copyrights or other property rights (this clause speaks of all the services we provide and all content on the Website including but not limited to design, copy, search results, images, graphics, structure, layouts and the underlying software code) and all this are protected by copyright and trademarks. All rights are reserved, except for the limited licensed rights expressly granted below.

14.6] You shall not reproduce, republish, transmit or distribute any material or information on the Product without our prior consent. We reserve the right, in our sole discretion and without notice to you, to terminate you from using the Product. Nothing herein shall (a) provide to You any rights or license to use any Confidential Information in any manner other than as specifically provided for in this terms and conditions; (b) provide to You any rights or licenses to any intellectual property under any patents, copyrights or trademarks now or hereafter owned or developed by Company; or (c) be deemed to create any assignment to You of intellectual property rights in the Confidential Information and any revisions or modifications thereof, all of which rights are expressly reserved by Company

14.7] Intellectual Property Rights (IPR) Protection Policy: Company respects intellectual property rights of others and Company expect users to honour the same. Company supports protection of third party Intellectual Property Rights including Design, Patent, Copyrights, Trademarks, etc ("IP"). It is relevant that in case you are the holder of an IP, Company is committed in helping you protect your IP legal rights and for this Company have established certain policies for considering trademark and/or copyright infringement claims. Intellectual Property Rights means any trademarks, brands, logos, know-how, service marks, rights in designs, utility models, copyrights, trade and business names, rights relating to trade secrets or confidentiality, patents, inventions, rights in computer software, moral rights, database rights, know-how, rights in domain names, drawings, technical information, specifications, instructions, processes, formulas/e and all rights of a similar nature subsiding anywhere within the world and rights to apply for protection in respect of any of the foregoing rights and/or any rights of Company in any specialized or other software that Company may provide or make available to You. Nothing in this Document shall give You, end users or any other third party any rights, title and interest in the website/application of Company that vest in Company solely and wholly. If Complaining Party would like to submit a IP infringement claim for violation of a IP Rights on which Complaining Party hold a Registration Certificate, Company requests that the Complaining Party substantiate such claim by providing the information via email to https://jagrokhealthcare.in/home. Company hereby request the Complaining Party to send all the information as under thought not limited or be specific so as to ensure considering Complaining Party complaint as effective complaint including “Registration Certificate of IP Legal Rights”. Upon receipt of the appropriate information, Company will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Company is investigating the claim, Company, at its sole discretion and without any legal obligation to do so, may temporarily remove the allegedly infringing material from Company website, notify the alleged infringer of the same and / or deny access to the allegedly infringing material. If Company concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from Company continue to suspend the alleged infringer's account in Company. If Company concludes that the Complaining Party has not raised a legitimate claim, Company will restore access to the allegedly infringing material.

ARTICLE 15: THIRD PARTY LINKS AND RESOURCES

15.1] Wherever the Platform contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for the User information only/ merely as a convenience. We have no control over the contents of those websites or resources and exercise no responsibility for them or for any loss or damage that may arise from the User’s access to them. Any links to such linked Internet sites should no way be construed as an endorsement, representation or promotion by Us as to the content, representation, accuracy, products or services found or otherwise defined in such linked Internet websites. Use of those linked Internet sites/links is done at the User’s own risk and cost. The User will be bound by the privacy policy and terms of use of the respective website when they navigate away from the Platform to any such website.

ARTICLE 16: FORCE MAJEURE

16.1] We shall not bear the liability of any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure to deliver Products when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

Strike, lockout or other forms of protest
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster
Inability to use public or private transportation and telecommunication systems
Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.

Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time we shall communicate to the User, not being less than the time that the situation of Force Majeure lasted.

ARTICLE 17: TERMINATION

17.1] We reserve the right to refuse the use of Services immediately in case the User’s conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions. For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and/or provide Services under revised Terms and Conditions.

ARTICLE 18: COURT JURISDICTION, GOVERNING LAW AND DISPUTE RESOLUTION

18.1] All disputes or differences whatsoever arising between the parties out of or relating to the construction, meaning or operation or effect of this Contract or breach thereof shall be settled by Arbitration in accordance with the Rules of Arbitration and Conciliation Act, 1996 (as amended). The Arbitral Tribunal shall consist of Sole Arbitrator. The Company shall have the sole right to appoint the Sole Arbitrator and the Seat and Venue shall be at Vashi, Navi Mumbai, Maharashtra, India

18.2] This Document shall be governed by and construed in accordance with laws of India and each of the Parties hereto submits to the jurisdiction of Navi Mumbai Courts for purposes of enforcing any arbitral award or other judicial relief permitted here under.

18.3] Company may at any time, terminate its legal document with you if: (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (b) Company is required to do so by law; or (c) for reasons Company has decided to wind up.

ARTICLE 19: OTHER IMPORTANT PROVISIONS

19.1] You are hereby informed that in to use the Service of Products of Company you will need to register as per the guidelines/process stated therein or emailed to you via email to your given email id. As part of the registration process, you will be given a user name and password. You will be responsible for maintaining the confidentiality of your password and restricting access to your computer, as you will be accountable for any activities conducted under your password. If you believe that someone has accessed your account without authorization, please contact us immediately. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any user name with we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy

19.2] Company may contain hypertext links to websites that are not operated by us. Please take a note that there is no control on such websites and Company are not responsible for their content in any manner whatsoever and the inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners. You may establish a hypertext link to the Website, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company or your website by us. Any such links are established at your own risk and you accept liability for any adverse consequences on the operation and functioning of the Website arising a result of such links.

19.3] If any of the Services You use require an account, before using the Service you must open an account by completing the required registration process. This will include providing the Website with current, complete and accurate information, including, without limitation, your email address. You may also be asked to choose a password and a user/account name. Your user/account name must be unique and cannot be vulgar or otherwise offensive nor should it infringe any trademark or other proprietary rights of a third party. Your user/account name can be used only in accordance with these Terms of Service and the Privacy Policy. Your membership or subscription is personal to you and you may not transfer or make available your account name and password to others and you may not use anyone else's account at any time. The Website will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

19.4] The information/images displayed on the Website/Mobile Application is provided without any guarantees, conditions or warranties as to its accuracy and on as it whereas basis. To the extent permitted by law, Company hereby expressly excludes all conditions, warranties and other terms which might otherwise by implied by statute, any liability for a direct, indirect or consequential loss or damage incurred by any You in connection with the usage of Product. IN NO EVENT SHALL COMPANY, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVERTISERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The aggregate liability of Company to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, your access and use of this Website and its contents and functionalities or for any reason related to the operation of the Website and Services availed through our platform, shall not exceed the price you paid to company and or Rs. 100/- whichever is less

19.5] Company does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. Company has also not negotiated or discussed any terms of engagement with any of the advertisers or vendors or its Users. The same should be done by you. Purchasing of goods or availing of services from advertisers/Vendors or else shall be at your own risk. We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms. Any use of the Platforms, reliance upon any materials, and any use of the Internet generally shall be at your sole risk. Company disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms. THE PLATFORMS USED TO PROVIDE THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND SERVICES. COMPANY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS.

19.6] If any provision of this documents is invalid, as determined by a court of law having the jurisdiction to decide on this matter, then that provision will be removed from the document without affecting the remaining provisions of the document, which will continue to be valid and enforceable.

19.7] This Documents and any of its terms and provisions may be amended, modified, supplemented or waived by Company without any notice or specific notice to You. Any notice and other communications provided for in this terms and conditions shall be in writing and shall be sent to email id: https://jagrokhealthcare.in/home

19.8] The User may not transfer, assign, charge or otherwise dispose of the Document which is personal to the User, or any of the User's rights or obligations arising under it, without our prior written consent. We will not refuse to give consent without good reason.

19.9] If any provision of this Document is invalid, as determined by a court of law having the jurisdiction to decide on this matter, then that provision will be removed from the Document without affecting the remaining provisions of the Document, which will continue to be valid and enforceable.

19.10] User agrees that if Company does not exercise or enforce any legal right or remedy which is set out in the Document, or which Company has the benefit of under any applicable law, this will not be construed as a formal waiver of Company's rights or remedies and that such rights or remedies remain available to Company.

19.11] This terms and conditions including Privacy Policy, Cookies, Disclaimer /Liability Disclaimer, any other policies, if any represents the entire agreement between You and Company. Company is committed to provide the best customer service experience, and by opting in to enter your mobile /landline number and other details, you give Company the consent to call/sms you on the shared number for your transaction, in spite of its possible registration under DND (National Do Not Call Registry).

19.12] Company or its associates may call you to understand your requirements and serve you best. We will make a record of information shared in such conversations and share with our associates to provide the best suiting property options to you.

19.13] Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Document that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) cyber-attack, machinery failure, systems collapse, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.

19.14] Company may vary these Terms from time to time in the following circumstances: (a) Changes in how we accept payment from you, if any; (b) Changes in relevant laws and regulatory requirements, if any; (c) Changes in how we charge for subscription services; and (d) Changes in how Company deals with content, if any. Providing false information relating to age, name, address or any other may constitute an offence.

19.15] Your continued use of the Product after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.

19.16] Any comments or response received by Company on the goods / services shall be deemed non-confidential and Company shall be free, without obligation of any kind, to reproduce, use, disclose, transform, develop and distribute any information, ideas, concepts or know-how contained in such comments or response for any purpose whatsoever, without any notice or consideration to you. The information received by you in the website shall be sufficient consideration

19.17] Use of the Company is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. you agree to indemnify and hold Company, its subsidiaries, affiliates, directors, employees and officers, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on Company. Company reserves the right to disclose any personal information about you or your use of the Company, including its contents, without your prior permission if Company has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Company or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Company performance of this terms and conditions is subject to existing laws and legal process, and nothing contained in this terms and conditions is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company or information provided to or gathered by Company with respect to such use. If any part of this terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the this terms and conditions shall continue in effect, unless otherwise specified herein, this terms and conditions constitutes the entire agreement between the user and Company with respect to Company and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Company.

19.18] The Website reserves the right to report to the relevant authorities any person supplying false information on the Site. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. Users are responsible for regularly reviewing these Terms of use. The most current version of the Terms of Service can be reviewed by clicking on the 'Terms of Use' hypertext link located on the Sites.

19.20] In the event the User comes across any abuse or violation of these Terms and Conditions or if the User becomes aware of any objectionable content on the Website, please report to Our customer support team. If the User has any concern about the Terms and Conditions or grievances about the Platform or our Services, please contact us with a thorough description and We will try to resolve the issue for the User. Please address them to Our grievance redressal officer at:

Name: JAGROK HEALTHCARE

Address: Shop No 6 to 10, First Floor, Balaji Heights, Plot No 4, Sec 11, Sanpada Navi Mumbai - 400705.

Phone number: +919987853063

E-mail: https://jagrokhealthcare.in/home

ARTICLE 20: PRIVACY POLICY

20.1] BY USING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE PRIVACY POLICY. YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING, 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. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AT ANY TIME, DO NOT USE ANY OF THE SERVICES OR GIVE US ANY OF YOUR INFORMATION. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD OR YOUR PARENT) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO (I) ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, AND (II) CONSENT ON BEHALF OF SUCH INDIVIDUAL OR ENTITY TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH INDIVIDUAL’S OR ENTITY’S INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

20.2] This Privacy Policy is published in compliance with Information Technology Act, 2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and Information Technology (Intermediaries Guidelines) Rules, 2011 and also other laws as applicable.

20.3] Company is committed to ensuring and earning the trust and confidence of users. Company understands that building a relationship of trust with USERS makes good business sense. Company respects absolutely the privacy of every person using our Product and has created a Privacy Statement so that you may feel secure in using our on-line services. Company collects personal information so that USERS can use the Services through Website/Mobile Application at ease as the Application developed basically uses the USERS name most of the times and these information’s will be used to identify you for the better purpose of business, coordinating, providing services, sale of goods & services. Company use your personal information to provide you with better customer services, products and information’s. Company will not disclose your personal information to any external organization, unless Company have your consent or are required by law or have previously informed you, except for the purpose of the business or sale of goods & services to the customers through this website. Company does not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, like your password, credit card number and bank account number, except for the purpose of transaction proposed to be undertaken for sale of goods & services through Website/Mobile Application. Company may be required from time to time to disclose your personal information to Governmental or judicial bodies or agencies or our regulators but Company will only do so under proper authority. Company will maintain security systems available and designed to secure and safeguard from possible threat of unauthorized access to your personal information by anyone. Company will process credit card information using only secure avenues and will not share this information with anyone outside the group of companies divisions, departments or companies and individuals. Company employ to perform functions on behalf of Company for the purpose of sending mail electronic or otherwise, processing credit card payments etc. Any such company or individual will have access to personal information needed to perform these functions but may not use it for any other purpose. In addition Company may compile non-personalised statistics for our own use so that Company can provide a better service to you. Company values the privacy of information pertaining to its associates. Company does not use or disclose information about your individual visits to our website or any information that you may give us, such as your name, address, email address or telephone number, to any outside sources, except for the purpose of the business. Company reserves the right to refuse service to anyone at any time. Company collects anonymous information when people use our site. When you surf the Internet, your Internet browser (such as Netscape Navigator or Microsoft Internet Explorer) automatically transmits information to Company's web server logs. Examples of this information include the URL of the web page you were on before coming to Company, the Internet Protocol (or IP) address (as explained below) of the computer you are using, the search terms you query, and the web pages you view. Company will collect IP addresses for some purposes (for example, to report anonymous user information to our advertisers and to audit the use of our site). Company do not link a user's IP address to a person's personal information, which means Company will have a record of each user's session but the user remains anonymous to us. Company will use IP addresses to identify users of our site when Company feels it is necessary to enforce compliance with our site's Terms of Use or to protect our service, site or other users from fraudulent behaviour. Furthermore under certain circumstances to comply with court orders and subpoenas IP address and/or domain names may be linked to personally identifiable information, when said information is stored in databases managed by Internet registrars or registries.

20.4] In case of any concern about your privacy, please write to us at https://jagrokhealthcare.in/home .

20.5] Notwithstanding the above, Company is not responsible for the confidentiality, security or distribution of your Personal Information by our franchisee, business associates, partners and third parties outside the scope of our Document with such franchisee, business associates, partners and third parties. Further, Company shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Company including but not limited to, acts of government, computer hacking, unauthorized 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.

20.6] Change to Privacy Policy: Company may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way Company treats User’s personally identifiable information, or in the Privacy Policy itself, Company will display a notice on the Website/Mobile Application or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. As always, if you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact https://jagrokhealthcare.in/home . to deactivate your account. Unless stated otherwise, Company’s current Privacy Policy applies to all information that Company has about you and your account. If a User uses the Services or accesses the Website/Mobile Application after a notice of changes has been sent to such User or published on the Website/Mobile Application, such User hereby provides his/her/its consent to the changed terms.

20.7] Minor's Privacy: Company strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although Company Website/Mobile Application and Services are not intended for use by minors, Company respects the privacy of minors who may inadvertently use the internet or the mobile application.

ARTICLE 21: COOKIES

21.1] A "cookie" is a very small text file that is sent to your browser from a web server and stored on your computer's hard drive (or mobile). It assigns a computer a unique identifier. It is essentially your identification card when you return to a web site. Cookies do not damage your computer/mobile. Unless your browser is set to allow third parties to extract information (and the most popular browsers such as Netscape, AOL and Internet Explorer do not allow it), then cookies will not extract information from your hard drive. Rather, cookies save you time when you surf the Internet. They help us to provide you customization while you use our site without your having to remind us of your preferences each time you return to our web pages. You are not required to accept cookies in order to use our Website/Mobile Application. However, if you do not accept cookies, you will have to tell us your preferences each time you return to our site. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. Each website can send cookies to your browser if your browser's preferences allow it, but in the interest of your privacy, your browser will only allow a website to access the cookies it has already sent to your computer, not the cookies sent to your computer by other web sites. Company may work to research certain usage and activities on our website. The information collected through these web beacons is used to find out more about our users, for more accurate reporting, and to improve the effectiveness of our marketing. Information recorded through the use of these web beacons is aggregated and then shared with us. No personally identifiable information about you is shared as a result of this research. Company or a third party links or our advertiser may run contests on our site on our web pages. If you decide to participate on contests, you should also refer to their privacy policy or our privacy policy in respect to that contest, if any. Third party advertisement server agencies collect anonymous information by way of the cookies they are authorized to send to Company users. These advertisement server agencies place their cookies on your computer when you first view an advertisement served by them (this could happen while you are on our site or another site where their advertisements are also served). These advertisement server agencies use their cookies to control the sequence of advertisements you see and to make sure you don't see the same advertisements too many times. Certain merchants, franchisee, sellers or advertisers on our website have from time to time put "tracking pixels" (sometimes also referred to as "web beacons", "web bugs", "sensors", "pings", "spotlight tags" and "clear GIFs") in their advertisements for the purpose of tracking your activities on our site. Bear in mind that the only way to ensure your personal privacy whenever you are on the Internet is to make sure your browser is configured so that you are alerted to all cookies. You should bear in mind that several of our goods and services are offered through third party web sites, some of which have their own registration process. Company offer co-branded pages that are "powered by" third parties. These pages have their own URL that you link to from Company, and the privacy policy of these third parties, not this one, applies to the collection of your information on those web pages. In addition, Company contains links to other sites and sometimes allows other sites to be co-branded with the Company logo. The inclusion of the Company name at the top of a web page does not necessarily mean that this privacy policy applies. While Company will try its best to ensure that the privacy policies at these other sites are in line with our own, Company cannot represent or guarantee that they are. If you ever have any questions about whether certain information, content or services pertain to us, or are "powered by" a third party, please contact us at https://jagrokhealthcare.in/home .

If you are less than 18 years of age (minor), Company is not bound by any obligations towards you and your usage of Product is unauthorized and illegal.

GRIEVANCE, IF ANY, CONTACT: If a User has any questions concerning Company, the Website/Mobile Application, this document, the Services, or anything related to any of the foregoing, Company customer support can be reached at the following email address: https://jagrokhealthcare.in/home

All rights are reserved.

TERMS AND CONDITIONS POLICY

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