1. What is eswasthya.in
1. The domain name www.eswasthya.in , an internet based portal, and eSwasthya, mobile applications, is owned and operated by eSwasthya Mediserve Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter, referred to as eswasthya.in or “We” or “Our” or “Us” or “Company”). The domain name and the mobile applications are collectively referred to as “Website & Applications”.
5. You agree and acknowledge that the Website & Applications is a platform which User/ Customer/ Premium User utilize to meet and interact with eswasthya.in for the respected transaction.
i. the Indian Contract Act, 1872 (“Contract Act”);
ii. the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules");
iii. The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
iv. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and Consumer Protection Act, 1986.
1. For the purposes of transacting with eswasthya.in through the Website & Applications, the User/ Customer/ Premium User is required to obtain registration, in accordance with the procedure established by eswasthya.in in this regard. As part of the registration process, eSwasthya may collect the following personal information from the User/ Customer/ Premium User:
ii. User/ Customer/ Premium User ID;
iii. Email address
iv. Address (including country and ZIP/ postal code);
vii. Phone number;
viii. Password chosen by the User/ Customer/ Premium User;
ix. Valid financial account information; and
x. Other details as the User/ Customer/ Premium User may volunteer.
2. The registration on or use/ access of the Website & Applications is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, unsound people, and people held incompetent by law, etc. are not eligible to register on, or use/ access the Website & Applications.
4. A registered id can only be utilized by the person whose details have been provided and eswasthya.in does not permit multiple persons to share a single log in/ registration id. However, a registered User/ Customer/ Premium User, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website & Applications for the purposes of purchasing drugs or other pharmaceutical products or services, on behalf of such persons.
5. You agree and acknowledge that You would (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account and in all their dealings through the Website & Applications; (c) maintain and promptly update your account information; (d) maintain security of your account by not sharing Your password with others and restricting access to Your account and Your computer; (e) promptly notify eswasthya.in if You discover or otherwise suspect any security breaches relating to the Website & Applications; and (f) take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.
4. Services and Use of Website & Applications
Platform to facilitate transaction of business
1. eswasthya.in provides Services through the Website & Applications, which is a platform that facilitates the purchase of drugs and other pharmaceutical products or wellness products/ services offered by eswasthya.in.
2. The User/ Customer/ Premium User understand and agree that all commercial/ contractual terms, with respect to the sale/ purchase/ delivery and consumption of the drugs and other pharmaceutical products or services are offered by and agreed to between User/ Customer/ Premium User and eswasthya.in and the contract for purchase of any of the drugs or other pharmaceutical products or services, offered by eswasthya.in shall strictly be a bipartite contract between eswasthya.in and the User/ Customer/ Premium User.
3. The commercial/ contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the goods and services offered by eswasthya.in, and after sales, services related to such goods and services.
Representation as to legal title
4. The User/ Customer/ Premium User agree and acknowledge that the eswasthya.in shall be solely responsible for any claim/ liability/ damages.
Possession and stocking
5. eswasthya.in does not, at any point of time, take possession of, or stock any of the goods or services offered by us.
Non-Performance of Contact
6. The User/ Customer/ Premium User accepts and acknowledges the following:
1. eswasthya.in is not responsible if we does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable.
Publication of Content/ Information on the Website & Applications
The contents provided on the Website & Applications, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for information purposes only and does not constitute either an advertisement/ promotion of any drug being offered by eswasthya.in or any professional medical advice, diagnosis, treatment or recommendations of any kind.
The User/ Customer/ Premium User acknowledge and understand that eswasthya.in provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website & Applications and the User/ Customer/ Premium User must run their own independent check. The User/ Customer/ Premium User agree and acknowledge that eswasthya.in has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale eswasthya.in.
Consulting a Registered Medical Practitioner
The content of the Website & Applications, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind.
You must always consult a Registered Medical Practitioner with any questions or concerns you may have regarding the suitability of any drug offered for sale by the Sellers on the Website & Applications, in light of your individual needs and medical conditions. Reliance on any information appearing on the Website & Applications, whether provided byeswasthya.in, its content providers, visitors to the Website & Applications or others, is solely at Your own risk, and eswasthya.in shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the Website & Applications.
User/ Customer/ Premium User must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Website & Applications. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.
The Website & Applications is a platform that can be used by the User/ Customer/ Premium User to purchase various drugs and pharmaceutical products [including drugs which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner (“Prescription Drugs”)], offered by eswasthya.in. In order to purchase Prescription Drugs from eswasthya.in, the User/ Customer/ Premium User is required to upload a scanned copy of the prescription on the Website & Applications or email the same to eswasthya.in. The order would not be internally processed and forwardedby eswasthya.in until it receives a copy of a valid prescription. The User/ Customer/ Premium User is also required to make the prescription available at the time of receipt of delivery of Prescription Drugs.
eswasthya.in shall maintain a record of all the prescriptions uploaded by the User/ Customer/ Premium User which can be accessed by such User/ Customer/ Premium User at any time in his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines.
Substitution of Prescribed Drugs
The User/ Customer/ Premium User acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the Registered Medical Practitioner has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the prescribed drug or if the prescription solely lists the salt names instead of a specific brand name.
The User/ Customer/ Premium User further acknowledges and accepts that, in the absence of the above, the concerned pharmacist would only dispense a substitute drug in place of the prescribed drugs after obtaining suitable permission from the prescribing Registered Medical Practitioner.
Invitation to offer for sale
The placement of an order by User/ Customer/ Premium User shall constitute an offer by such User/ Customer/ Premium User to enter into an agreement with eswasthya.in (“Offer”). Post the Offer,eswasthya.in shall send an email to the User/ Customer/ Premium User with the information on the Offer, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by eswasthya.in after the validation/ verification of the prescription by eswasthya.in’s pharmacist (in case of Prescription Drugs) and the ascertainment of the available stock (in the case of Prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to the User/ Customer/ Premium User.
Transfer of Property and Completion of Sale
Upon acceptance of the Offer by the concerned Seller (being the pharmacist), the drugs/ pharmaceutical products or services would be dispensed at the pharmacy, in accordance with the terms of the order placed by the User/ Customer/ Premium User. Such dispensation shall also take place under the direct/ personal supervision of the Pharmacist, wherever required under the applicable law.
The User/ Customer/ Premium User acknowledges and agrees that the property in the drugs/ pharmaceutical products or services ordered by the User/ Customer/ Premium User shall stand immediately transferred to the User/ Customer/ Premium User upon the dispensation of drugsand the raising of the invoice by eswasthya.in.
Delivery of Drugs
The goods shall be delivered by eswasthya.in. The User/ Customer/ Premium User accepts and acknowledges that eswasthya.in or such other transporter/ courier/ delivery personnel, engaged by eswasthya.in, shall be independent contractors/ eswasthya.in in-charge of the delivery the goods to the address notified by the User/ Customer/ Premium User, with no control over the goods and no additional obligation apart from standard delivery obligations and duty of care.
The User/ Customer/ Premium User further accepts and acknowledges that in case eswasthya.in is not able to engage in the distribution process and so may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User/ Customer/ Premium User.
Compliance of Applicable Law
While communicating/ transacting with eswasthya.in, the User/ Customer/ Premium User shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing drugs or pharmaceutical products or services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.
The User/ Customer/ Premium User must also ensure that the prescription uploaded on the Website & Applications or emailed to eswasthya.in for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The User/ Customer/ Premium User acknowledge and accept that they shall bear all costs/ liability/ damages, caused to eswasthya.in, as a result of any dispensation of Prescription Drugs by eswasthya.in owing to the non-compliance by the User/ Customer/ Premium User in this regard.
Payment, Fees and Taxes
Registration on the Website & Applications and the access to the information provided on the Website & Applications is free. We does not charge any fee for accessing, browsing Website & Applications. The User/ Customer/ Premium User agrees to make all payments directly to eswasthya.in for purchase of goods from eswasthya.in.
You undertake that You shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that
0. belongs to another person and to which the User/ Customer/ Premium User does not have any right;
1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
2. infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
3. violates any law for the time being in force;
4. impersonates another person;
5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
6. is prohibited under applicable law for the time being in force including Drugs Act (read with the Drugs Rules), the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, as amended from time to time and rules made there under;
7. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
The User/ Customer/ Premium User is also prohibited from:
0. violating or attempting to violate the integrity or security of the Website & Applications or any eswasthya.in Content;
1. transmitting any information (including job posts, messages and hyperlinks) on or through the Website & Applications that is disruptive or competitive to the provision of Services by eswasthya.in;
2. intentionally submitting on the Website & Applications any incomplete, false or inaccurate information;
3. making any unsolicited communications to other User/ Customer/ Premium User;
4. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website & Applications;
5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website & Applications;
6. copying or duplicating in any manner any of the eswasthya.in Content or other information available from the Website & Applications;
The Website & Applications may be linked to web pages and content of third parties, affiliates and business partners (collectively, Third Party Content”). eswasthya.in does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User/ Customer/ Premium Useracknowledges and agrees that eswasthya.in shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, quality of such Third Party Content. Inclusion of any link on theWebsite & Applications does not imply that eSwasthya endorses the linked site. User/ Customer/ Premium User may use the links and these services at User/ Customer/ Premium User's own risk.
eswasthya.in assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User/ Customer/ Premium User's equipment on account of User/ Customer/ Premium User's access to, use of, or browsing the Website & Applications or the downloading of any material, data, text, images, video content, or audio content from the Website & Applications. If a User/ Customer/ Premium User is dissatisfied with the Website & Applications, User/ Customer/ Premium User's sole remedy is to discontinue using the Website & Applications.
To the maximum extent permitted by applicable law, eswasthya.in, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to,
(i) the use of, or the inability to use, the Website & Applications or the content, materials and functions related thereto;
(ii) User/ Customer/ Premium User's provision of information via the Website & Applications; even if such protected entity has been advised of the possibility of such damages.
In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by eswasthya.in to any User/ Customer/ Premium User; or (ii) any comments or feedback given by any of the User/ Customer/ Premium User in relation to the goods or services provided by eswasthya.in; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User/ Customer/ Premium User or other person. eswasthya.in accepts no liability for any errors or omissions, whether on behalf of the User/ Customer/ Premium User or third parties.
Modification of Website & Applications
eswasthya.in reserves the right to modify or discontinue, temporarily or permanently, the Website & Applications or any features or portions thereof without prior notice. You agree that eswasthya.in will not be liable for any modification, suspension or discontinuance of the Website & Applications or any other part thereof.
The provisions of this Agreement shall continue to apply until terminated by either You as set for below:
0. If You want to terminate this Agreement with eswasthya.in, You may do so by:
i. not accessing the Website & Applications; or
ii. Closingyour accounts for all of the Services that you use.
1. eswasthya.in reserves the right to, at any time, and with or without notice, terminate this Agreement with You if:
ii. eswasthya.in is unable to verify or authenticate any information provided to eswasthya.in by You; or
iii. eswasthya.in believes, in its sole discretion, that Your actions may cause legal liability for eswasthya.in (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website & Applications; or
iv. eswasthya.in is required to do so by law; or
v. if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for eswasthya.in to provide the Services to You; or
vi. The provision of the Services to you, or to the general public, is in eswasthya.in’s opinion, no longer commercially viable; or
vii. eswasthya.in has elected to discontinue, with or without reason, access to the Website & Applications or the Services (or any part thereof).
eswasthya.in may also terminate or suspend (temporarily or permanently) all or a portion of your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Website & Applications or with respect to the Services; and (ii) barring You from further use or access of the Website & Applications or of any of the Services.
Once terminated or suspended (temporarily or permanently), you may not continue to use the Website & Applications under the same account, a different account or re-register under a new account.
Upon termination of this Agreement, eswasthya.in shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).
Governing Law and Dispute Resolution
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.Severability
If any User/ Customer/ Premium User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at firstname.lastname@example.org
If a User/ Customer/ Premium Userhas any questions concerning eswasthya.in, the Website & Applications, this Agreement, or anything related to any of the foregoing, eswasthya.in can be reached at the following email address -