Terms of Use

www.healthpotli.com, an internet based portal and the mobile application named [health potli] (collectively referred to as the “ Website”) is the property of System Two Online Solutions Private Limited, a private limited company incorporated under the Companies Act, 2013, having its registered office at -

Contact Information

System Two Online Solutions Pvt Ltd.
HIRA ARCADE
Pandri, Raipur-492001 (C.G.)

Contact Information:
Phone: 0771-4216666
Email: care@healthpotli.com
Fanpage: healthpotli
Twitter: @healthpotli

1. Terms of Use

1.1. Please carefully go through the below mentioned terms of use (“Terms”) and the privacy policy (“Privacy Policy”) available at Terms Of Use & Privacy Policy section

1.2. before you decide to access the Website or avail the Services (as defined hereinafter) made available on the Website.

1.3. The Services would be made available to such natural persons who have agreed to become registered users on the Website after obtaining due registration, in accordance with the procedure as determined by the Company, from time to time (the “User(s)”, which term shall also include natural persons who are accessing the Website merely as visitors).

1.4. The Users access or use of the Website, transactions on the Website and use of Services hosted or managed remotely through the Website, are governed by the Terms, including the applicable policies which are incorporated herein by way of reference.

2. Binding Agreement

2.1 The Terms and the Privacy Policy together constitute a legal agreement between the User and the Company in connection with the Users visit to the Website and use of the Services (as defined below) (“Agreement”).

2.2 The use of and access to the Website and availing the Services is conditional upon the Users acceptance of this Agreement. If the Users do not accept or agree to the Terms in totality, the Users are requested to discontinue the use of the Website and the Services. By availing the Services provided on the Website, the Users are deemed to have accepted the Terms in totality.

3. Services

3.1 The Website facilitates the following services:

(a) finding and comparing prospective registered medical practitioners (“Medical Practitioner(s)”) and health care providers including physiotherapists, home nursing, yoga instructors, diet planners and fitness trainers (“Health Care Provider(s)”) [in identified locations] (“Health Care Services”). The Medical Practitioners and the Health Care Providers shall hereinafter be collectively referred to as the “ Practitioners”;

(b) Providing booking of diagnostic tests and health packages through a network of diagnostic centers (“ Diagnostic Tests Service Provider(s)”) that the Company has tied up for (“Diagnostic Tests Services”). It is clarified that the Diagnostic Test Services shall not include any services that require the transportation of any machinery to the premises of the User;

(c) Purchase of pharmaceutical products for sale by various relevant pharmacies (“Pharmaceutical Product Seller(s)”). The purchase of pharmaceutical products for sale by Pharmaceutical Product Sellers shall hereinafter be referred to as “Pharmaceutical Product Services”; and

(d) Sale and purchase of other products by various sellers (“Other Products Sellers”) displayed and/ or listed on the Website (“Other Products Services”).

3.2 Health Care Services, Diagnostic Tests Services, Pharmaceutical Product Services and Other Products Services, will be collectively referred to as the “Services” and the Practitioners, Diagnostic Tests Service Providers, Pharmaceutical Product Sellers and the Other Products Sellers will be collectively referred to as the “Service Providers”.

3.3 The Services shall be provided in good faith.

4. Use of the Website and Services

4.1 By accessing, browsing or in any way transacting on the Website, or availing any Services, the Users signify their agreement to be bound by the Terms. Further, by impliedly or expressly accepting these Terms, the Users also accept and agree to be bound by the Company’s policies, including its Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are applicable for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of the Terms. However, if the User navigates away from the Website to a third party site, the User may be subject to alternative terms and conditions of use, as may be specified on such third party site. In such an event, the terms and conditions of use applicable to that site will govern your use of that site.

4.2 The User agrees and acknowledges that the Website is a platform that the Users and the Service Providers utilize to meet and interact with one another for their transactions. The Company is not and cannot be a party to, or save as except as may be provided in this document, control in any manner, any transaction between the Users and the Service Providers.

4.3 The Company reserves the right to change or modify these Terms or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website, and the User waives any right that the User may have to receive specific notice of such changes or modifications. The continued use of the Website by the User will confirm the User’s acceptance of such changes or modifications; therefore, the User should frequently review these Terms and the applicable policies to understand the terms and conditions that apply to the use of the Website.

4.4 The Company authorizes the User to view and access the content available on the Website solely for the purposes of availing the Services only as per the Terms. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively referred to hereinafter as, “Website Content”), are the property of the Company and are protected under copyright, trademark and other laws. The User shall not modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose or for personal gain.

4.5 Compliance with the Terms would entitle the User to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

4.6 These Terms constitute an electronic record in terms of the Information Technology Act, 2000 and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

4.7 The Services are offered to the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various Services offered by the Service Providers.

4.8 The Terms are published in compliance of, and are governed by the provisions of Indian law, including but not limited to:

(a) The Indian Contract Act, 1872 (“Contract Act”);

(b) The (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules");

(c) The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);

(d) The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954;

(e) The Consumer Protection Act, 1986; and

(f) Such other Laws that are applicable to the Services provided through the Website.

5. Eligibility

5.1 For the purposes of transacting with the Service Providers through the Website, the Users are required to obtain registration, in accordance with the procedure established by the Company in this regard. As part of the registration process, the Company may collect the following personal information from the Users:

(a) Name;

(b) User ID;

(c) Email address

(d) Address (including country and ZIP/ postal code);

(e) Gender;

(f) Age;

(g) Phone number;

(h) Password chosen by the User;

(i) Valid financial account information;

(j) Medical records and/ or prescriptions;

(k) Current location, i.e. where the User was while using the Website;

(l) The preference, if any; and

(m) Other details as the User may volunteer.

5.2 The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.

5.3 By registering, accessing or using the Website, the User accepts the Terms in totality and represents and warrants to the Company that the User is ‘competent to contract’ under the Contract Act and has the right, authority and capacity to use the Website and agrees to abide by the Terms.

5.4 A registered id can only be utilized by the person whose details have been provided. The Company does not permit multiple persons to share a single log in/ registration id. However, a registered 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 for the purposes of availing Services, on behalf of such persons.

5.5 The Users agree and acknowledge that they would:

(a) create only one account;

(b) provide accurate, truthful, current and complete information when creating the account and in all their dealings through the Website;

(c) maintain and promptly update account information;

(d) maintain the security of their account by not sharing the password with others and restricting access to their account and computer;

(e) promptly notify the Company if they discover or otherwise suspect any security breaches relating to the Website; and

(f) take responsibility for all activities that occur under their account and accept all risk of unauthorized access.

6. Privacy Policy

6.1 The Company has duly formulated a Privacy Policy on how the Company collects, uses and discloses personally identifiable information from its Users. The Privacy Policy forms an integral part of the Terms and the Users are requested to carefully read the same.

7. Health Care Service, Diagnostic Test Service and Use of the Website

7.1 Appointment, Booking and interaction with the Service Providers (except Pharmaceutical Product Sellers and Other Products Sellers)

(a) While the Company will try to ensure a confirmed appointment for a User who requested an appointment on Website, the Company does not guarantee that a patient will get a confirmed appointment. Further, the Company has no liability if such appointment is confirmed but later cancelled by the Service Providers, or the Service Providers are not available as per the given appointment time.

(b) The Company provides value added telephonic services which connects Users directly to the Service Providers and the information exchanged between the User and the Service Providers is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the telephony service, the Company reserves the right to share the contact details of the User with the Service Provider that was contacted.

(c) The User acknowledges and agrees that any interactions with the Service Providers including but not limited to health issues and experiences is strictly between the User and the Service Provider. The User shall not hold the Company responsible for any such interactions and associated issues. For avoidance of doubt, the Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the User and the Service Provider, pursuant to any interactions on the Website. If the User decides to engage with a Service Provider, the User shall do so at the User’s own risk. The results of any search that the Users perform on the Website for Service Provider should not be construed as an endorsement by the Company of any such particular Service Provider. The Company shall not be responsible for any breach of service or service deficiency by any Service Provider. The Company cannot assure nor guarantee the ability or intent of the Service Provider to fulfil their obligations towards the Users. The Company advises the Users to carry out their own investigation prior to selecting a Service Provider.

(d) Without prejudice to the generality of the above, the Company will not be liable for:

(i) any wrong medication or treatment quality being given by the Service Provider, or any medical negligence on part of the Service Provider;

(ii) any type of inconvenience suffered by the User due to a failure on the part of the Service Provider to provide agreed services or to make himself/ herself available at the appointed time, no show by the Service Provider, inappropriate treatment, or similar difficulties;

(iii) any misconduct or inappropriate behaviour by the Service Provider or its staff;

Cancellation or rescheduling of booked appointment or any variance in the fees charged. It is clarified that the cancellation of an appointment will be subject to the terms and conditions of the TrustPay 100% Moneyback Guarantee/ Order Cancellation and Refund” programme, issued by the Company from time to time;

(iv) any medical eventualities that might occur subsequent to using the services of a Service Provider, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.

(e) Further, the Company shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by the Service Provider. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Company’s sole discretion and may be modified or withdrawn at its sole discretion. The Company may moderate such feedback at any time. The Company shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Service Provider from the Website.

7.2 No Doctor - Patient Relationship between the User and the Company

(a) Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “ Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between the Company and the User and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist the User with locating appropriate medical care from a qualified Service Provider.

(b) It is hereby expressly clarified that, the Information that the Users obtain or receive from the Company, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. The Company makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall the Company be liable to the User or anyone else for any decision made or action taken by the User in reliance on such Information.

(c) The Health Care Services and Diagnostic Tests Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an end-user facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

7.3 Terms of Use for Health Care Service, Diagnostic Test Service

(a) Listing Policy

(i) The Company, directly and indirectly, collects information regarding the Service Providers’ profiles, contact details, and practice, and publishes these details on the Website. On a Service Providers’ request, the Company may take down any part of such Service Providers’ profile on the Website, provided, however, that the Company shall at no time be under any obligation to take down publicly available information about a Service Provider, his/her profile, contact details and/or practice. All information regarding the Service Providers’ profiles, contact details, and practice is collected for the purpose of facilitating interaction between and among Users, members of the public and Service Providers. If any information displayed on the Website in connection with the Service Providers and their profile is found to be incorrect, Service Providers are required to inform the Company immediately to enable the Company to make the necessary amendments.

(ii) The Company shall not be liable and responsible for the ranking of the Service Providers on external websites and search engines.

(iii) The Company shall not be responsible or liable in any manner to the Service Providers for any losses, damage, injuries or expenses incurred by the Service Providers as a result of any disclosures or publications made by the Company, where the Service Providers have expressly or implicitly consented to the making of disclosures or publications by the Company. If the Service Providers had revoked such consent under the terms of the Privacy Policy, then the Company shall not be responsible or liable in any manner to the Service Provider for any losses, damage, injuries or expenses incurred by the Service Provider as a result of any disclosures made by the Company prior to its actual receipt of such revocation.

(iv) The Company reserves the right to moderate the suggestions made by the Service Providers through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, the Company shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Service Providers are added to the Website.

(v) The Company reserves the right to publish the Service Providers information to a third party, subject to prior explicit informed consent from the Service Providers.

(vi) When a Service Provider is listed on the Website, Users may see a ‘show number’ option. When the Users choose this option, they choose to call the Service Provider’s number through a free telephony service provided by the Company, and the records of such calls are recorded and stored in the Company’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to Users and to the Service Provider by the Company should be used only for appointment and booking purposes, and not for consultation on health-related issues. The Company accepts no liability if the call facility is not used in accordance with the foregoing.

(vii) The Service Providers hereby represent and warrant that they will use the Services in accordance with applicable law. Any contravention of applicable law as a result of use of these Services is the sole responsibility of the Service Provider, and the Company accepts no liability for the same.

(b) Profile Ownership and Editing Rights

The Company ensures easy access to the Service Providers by providing a tool to update their profile information. The Company reserves the right of ownership of all the Service Provider’s profile and photographs and to moderate the changes or updates requested by Service Providers. However, the Company takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. The Service Providers hereby represent and warrant that they are fully entitled under law to upload all content uploaded by the Service Provider as part of their profile or otherwise while using the Company’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, the Company may modify or delete parts of the Service Provider’s profile information at its sole discretion with or without notice to.

(c) Reviews and Feedback Display Rights of the Company

(i) All critical content is content created by the Users of the Website and the clients or Company’s customers and Service Providers, including the end-users. As a platform, the Company does not take responsibility for critical content and its role with respect to critical content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000.

(ii) The Company reserves the right to collect feedback and critical content for all the Service Providers listed on the Website.

(iii) The Company shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all critical content from any Service, except as required by applicable law.

(iv) The Service Providers understand that by using the Website, they may be exposed to critical content or other content that they may find offensive or objectionable. The Company shall not be liable for any effect on the Service Provider’s business due to critical content of a negative nature. In these respects, the Service Providers may use the Service at their own risk. The Company however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of critical content.

(v) The Company will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for critical content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to critical content posted on the Website.

(vi) If the Company determines that the Service Provider has provided inaccurate information or enabled fraudulent feedback, the Company reserves the right to immediately suspend any of their accounts and make such declaration on the Website alongside their name/their clinics name as determined by the Company for the protection of its business and in the interests of Users. The Service Provider shall be liable to indemnify the Company for any losses incurred as a result of its misrepresentations or fraudulent feedback that has adversely affected the Company, the Website or its Users.

(d) Independent Services

The Users use of each Service confers upon them only the rights and obligations relating to such Service, and not to any other service that may be provided by the Company.

7.4 General

(a) The Service Provider shall pay a fee to the Company for using the services provided by the Website in accordance with an agreement entered into between the Service provider and the company . The Company reserves the right to revise the fee terms at any time at its discretion. The Service Provider’s continued use of the services of the Website shall constitute his/her consent to such revision.

(b) The Service Provider hereby agrees that it shall use the Website for the purpose specified in these Terms and shall not use the Website for any unauthorized and unlawful purpose, including impersonating another person.

(c) The Service Provider hereby represents and warrants that he/she/ it:

(i) is qualified to provide medical services within the territory of India;

(ii) has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and

(iii) has provided the Company, true, accurate, complete and up to date details about their qualification and credentials.

(d) The Service Provider agrees that he/she/it shall at all times abide by the applicable medical regulations including the code of professional ethics as prescribed under applicable laws.

(e) The Service Providers shall promptly renew their licenses required to provide medical services and notify the Company about the same.

(f) The Company reserves the right to terminate any account of the Service Provider in case:

(i) the Service Provider breaches any terms and conditions of the Terms or Privacy Policy or applicable laws;

(ii) the Company is unable to verify or authenticate any information provided by the Service Provider; or

(iii) the Company in its sole and absolute discretion believes that actions of the Service Provider may cause legal liability for the Company or other Users and/ or may adversely affect the services rendered by the Company.

(g) The Service Provider hereby agrees that, for any User that contacts the Service Provider using Website, only he/she/it shall be allowed to perform the services for the User and that the Service Provider may under no circumstances be permitted to transfer the performance of Services to any other person, whether under their supervision or not. The Service Provider accepts all responsibility and liability for the use of the Website, including the performance of its services, by any other party claiming to be the Service Provider and hereby agrees to indemnify the Company against any claim or loss that may be faced by the Company consequent to such use.

(h) The Service Provider hereby agrees to hold in strictest confidence all information provided by a User to him/her/it under all circumstances. The Service Provider agrees that he/she/it shall not disclose any information or documentation provided by a User to any other person, nor shall he/she/it allow, by act or omission, such information or documentation to be acquired by any other person.

(i) The Service Provider agrees to render his/her/its services and fulfil its obligations towards its patients using best efforts, skill and ability.

(j) The Service Provider agrees and understands that some or all his/her/its personal information may be made available to the general public through the Website or otherwise by the Company and that he/she/it has no objection to the same.

(k) The Service Provider hereby agrees to assign to the Company in perpetuity all intellectual property rights residing in the responses provided by him/her/it for use by the Company worldwide.

(l) The Service Provider hereby agrees not to seek the contact details of any User or to contact any User except through the Website.

(m) Any communication sent by or through the Website to the Service Provider is based solely on information uploaded by the Users. The Company shall not be responsible for the incompleteness or inaccuracy of such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.

(n) The Service Provider shall be liable to indemnify and hold the Company harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, on-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in the Terms.

(o) The Company does not take any responsibility for the accuracy and quality of the service provided by the Service Providers registered/ tied up with the Company. Though the Company takes all precautions to ensure that only high quality Service Providers are allowed to tie-up with the Company, the Company is not qualified to give quality assessment of their services or any medical advice. The Company is merely an intermediary that is acting on good faith. The Company is not liable for any medical assessment based on the reports of Service Providers.

(p) The Company will try to ensure that the Service Providers with whom a booking has been done through the Website, adheres to the timelines and the other promised services including for home collection, lab visit (if any) and providing test report. However, as these are outside of the Company’s control, the liability lies with the Service Providers only.

(q) In case, the Service Provider does not provide the promised services partially or fully, the Service Provider shall be liable towards the Users in accordance with the “TrustPay 100% Moneyback Guarantee” / “Order Cancellation and Refund” programme.

8. Pharmaceutical Product Services, Other Products Services and the Use of the Website

8.1 The Users agree and acknowledge that the Pharmaceutical Product Sellers and the Other Products Sellers (hereinafter referred to individually as such and collectively as the “Seller(s)”) shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that they do not have the sole and exclusive legal ownership over the products that have been offered for sale on the Website by them, or did not have the absolute right, title and authority to deal in and offer for sale such products on the Website.

8.2 The Company provides Services through the Website, which is a platform that facilitates the purchase of drugs and other pharmaceutical products (“ Pharmaceutical Products”), other products (“Other Products”), and services offered by Service Providers. The Sellers understand and agree that the Company and the Website merely provide hosting services to its Users and persons browsing/ visiting the Website. All products and services offered on the Website, and the content made available by the Sellers/ manufacturers of Pharmaceutical Products and/ or Other Products (“ Manufacturers”) (hereinafter referred to individually as such and collectively as the “Products”), are third party user generated contents. The Company has no control over such third party user generated contents and does not originate or initiate the transmission, or select the sender/ recipient of the transmission, or the information contained in such transmission.

8.3 The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Products are offered by and agreed to between the Users and the Sellers and the contract for purchase of any of the Products, offered for sale on the Website by the Sellers shall strictly be a bipartite contract between the Seller and the User.

8.4 The commercial/ contractual terms (other than in case of minimum order value that may be decided by the Company in consultation with the Service Providers and/ or the Sellers from time to time) include without limitation, price, payment methods, payment terms, date, period , warranties related to the Products offered for sale by the Sellers. The Company does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial/ contractual terms offered by and agreed to, between the Users and the Sellers.

8.5 The Company does not make any representation or warranty as to legal title of the Products offered for sale by the Sellers on the Website. At no time shall any right, title, claim or interest in the Products sold through or displayed on the Website vest with the Company nor shall the Company have any obligations or liabilities in respect of any transactions on the Website. The Users agree and acknowledge that the ownership of the inventory of the Products shall always vest with the Sellers, who are advertising or offering them for sale on the Website and are the ultimate sellers.

8.6 The Company does not, at any point of time, take possession of, or stock any of the Products offered for sale by the Sellers on the Website. However, the delivery of the Pharmaceutical Products will be the responsibility of the Company.

8.7 Non-Performance of Contact

The User accepts and acknowledges the following:

(a) The Company cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website;

(b) The Seller is solely responsible for ensuring that the Products offered for sale on the Website are kept in stock for successful fulfilment of the orders received. Consequently, the Company shall not be responsible if the Seller does not satisfy the contract for sale of the Products which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by the User;

(c) The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Users and Sellers;

(d) The Company may, at its sole discretion, suspend the User’s ability to use or access the Website at any time while the Company investigates any complaints or alleged violation of the Terms or for any other reason. In the event, Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact the Company immediately for such corrections. The Company shall have no liability or responsibility in this regard.

8.8 Exhibition of drugs and publication of Content/ Information on the Website

(a) The Users agree and acknowledge that the respective Sellers are exhibiting and/ or listing their Products and information in relation to such Products, on the Website.

(b) The content provided on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is in accordance with applicable law and is for information purposes only and does not constitute either an advertisement/ promotion of any Pharmaceutical Product being offered for sale by the Sellers on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.

(c) The Users acknowledge and agree that the Manufacturers/ Sellers shall be solely responsible for ensuring that such third party generated information made available regarding the Products offered for sale on the Website, are not misleading and describe the actual condition of the Product. In this connection, it is solely the responsibility of the concerned Manufacturer/ Seller to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Products so as to mislead the Users in any manner. The Users acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and the Users must run their own independent check. The Users agree and acknowledge that the Company has not played any role in the ascertainment of the actual impact/ effect of any Product being offered for sale by the Sellers on the Website. The Users agree and acknowledge that they shall not hold the Company responsible or liable for any damages arising out of such reliance on third party user generated content by the User.

8.9 Consulting a Registered Medical Practitioner

(a) The User must always consult a Registered Medical Practitioner with any questions or concerns that the User may have regarding the suitability of any Pharmaceutical Product offered for sale by the Pharmaceutical Product Sellers on the Website, in light of the User’s individual needs and medical conditions. Reliance on any information appearing on the Website, whether provided by the Company, its content providers, visitors to the Website or others, is solely at the User’s own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to the User’s reliance on any information published on the Website. The Users further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by them on any information published on the Website, the Manufacturers/ Sellers from whom the said content is obtained and made available on the Website shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and the Company shall have no liability in relation to the same.

(b) The Users 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. If the Users have or suspect that they have a medical problem or condition, they must contact a Registered Medical Practitioner immediately.

8.10 Prescription Drugs

(a) The Website is a platform that can be used by the Users to purchase various Pharmaceutical Products (including drugs/ medicines as are provided in Schedule H and Schedule H1 to the Drugs and Cosmetics Rules, 1945, which cannot be sold or dispensed without a valid prescription duly issued by a Registered Medical Practitioner (“Prescription Drugs”)), offered for sale on the Website by the Sellers. In order to purchase Prescription Drugs from the Pharmaceutical Product Sellers through the Website, the Users are required to upload a scanned copy of the prescription on the Website . The order would not be internally processed and forwarded to the concerned Pharmaceutical Product Sellers by the Company until it receives a copy of a valid prescription. The Users are required compulsorily to make the prescription available at the time of receipt of delivery of the Prescription Drugs for signing and stamping the same in accordance with applicable law.

(b) The Company shall maintain a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines.

8.11 Substitution of Prescription Drugs

The Users acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed on the sole discretion of the User 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. Prior to placing such order for substitute drugs, the Users must consult the Registered Medical Practitioner and while accepting the order for the substitute drugs, it will be deemed that the User has consulted the Registered Medical Practitioner. Further, such order for a substitute of a Prescription Drug shall be subject to the Registered Pharmacist agreeing to dispense the same.

8.12 Invitation to offer for sale

(a) Notwithstanding anything else contained in any other part of the Terms, the listing of Pharmaceutical Products on the Website by the Pharmaceutical Product Sellers is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by the User shall constitute an offer by such User to enter into an agreement with the Seller (“Offer”). Post the Offer, the Company shall send an email to the User with the information on the Offer along with the details of the concerned Pharmaceutical Products Seller(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Pharmaceutical Products Seller(s) after the validation/ verification of the prescription by such Pharmaceutical Products Seller(s) (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant pharmacy (in the case of Prescription as well as other Pharmaceutical Products), by way of a confirmatory email to be sent to the User.

(b) The above terms shall mutatis mutandis apply to the sale of Other Products.

(c) For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Sellers, as appearing in the Terms, shall be construed solely as an ‘invitation to offer for sale’ by any such Seller.

8.13 Transfer of Property and Completion of Sale

(a) Upon acceptance of the Offer by the concerned Pharmaceutical Products Seller (being the pharmacist), the Pharmaceutical Products would be dispensed at the pharmacy, in accordance with the terms of the order placed by the User. Such dispensation shall also take place under the direct/ personal supervision of a Registered Medical Pharmacist, wherever required under applicable law.

(b) The User acknowledges and agrees that the property in the Pharmaceutical Products ordered by the User shall stand immediately transferred to the User upon the dispensation of Pharmaceutical Products (in accordance with Clause 8.13 above) and the raising of the invoice at the concerned pharmacy. Accordingly, the sale of Pharmaceutical Products is concluded at the concerned pharmacy itself.

(c) The invoice in relation to the Pharmaceutical Products that are required to be delivered to the User shall be issued by the concerned Pharmaceutical Products Seller (being the pharmacy) who is to process and satisfy the order for such Pharmaceutical Products.

(d) The above terms shall mutatis mutandis apply to the sale of Other Products.

8.14 Delivery of Drugs

The Products shall be delivered by the Company. The User accepts and acknowledges that the Company or such other transporter/ courier/ delivery personnel, engaged by the Company, shall be independent contractors in-charge of the delivery of the Products from the pharmacy or the designated places in case of Other Products to the address notified by the User, with Company’s control over Products and no additional obligation apart from standard delivery obligations and duty of care.

8.15 Compliance of Applicable Law

(a) While communicating/ transacting with Pharmaceutical Products Sellers through the Website, the Users 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 applicable 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 Pharmaceutical Products 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.

(b) The Users must also ensure that the prescription uploaded on the Website or emailed to the Company for processing the order for Prescription Drugs is a valid prescription duly obtained from a Registered Medical Practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Pharmaceutical Products Sellers or to the Company, as a result of any dispensation of Prescription Drugs by the Pharmaceutical Products Seller owing to the non-compliance by the User in this regard.

8.16 Payment, Fees and Taxes

Registration on the Website and the access to the information provided on the Website is free. The Company does not charge any fee for accessing, browsing and buying through the Website. The User agrees to make all payments directly to the respective Seller for purchase of goods from such Seller. The Sellers may choose to either personally collect such payment from the Users or may use the services of collection agents duly appointed in this regard. The Users agree and acknowledge that it shall not hold the Company responsible for any loss or damage caused to the User during the process, due to any acts or omission on the part of third parties viz. the Seller or the collection agents or for any actions/ omissions which are beyond the control of the Company.

9. Company’s Reach Rights

9.1 The Company reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, the Company will not be liable for the accuracy of information or the claims made in the Sponsored Listings. The Company does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. The Company will not be liable for the services of the providers of the Sponsored Listings.

9.2 The Users represent and warrant that they will use the Services in accordance with applicable law. Any contravention of applicable law as a result of the Users’ use of these Services is the sole responsibility of the Users, and the Company accepts no liability for the same.

10. Rights and Obligations Relating to Content

10.1 As mandated by Regulation 3(2) of the IG Rules, the Company hereby informs the Users and the Service Providers that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

(a) belongs to another person and to which they do not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

10.2 The Users and the Service Providers are also prohibited from:

(a) violating or attempting to violate the integrity or security of the Website or any Website Content;

(b) transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by the Company;

(c) intentionally submitting on the Website any incomplete, false or inaccurate information;

(d) making any unsolicited communications to other Users;

(e) 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;

(f) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

(g) copying or duplicating in any manner any of the Website Content or other information available from the Website;

(h) framing or hot linking or deep linking any Website Content.

10.3 The Company, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users or the Service Providers, or on being notified by the appropriate Government or its agency that the Website is being used by the User or the Service Provider to commit any unlawful act and/or is being used in violation of Paragraphs 10.1 and 10.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph 10. The Company is entitled to act, as required by the IG Rules, within thirty six hours of obtaining such knowledge and, where applicable, work with Users and Service Providers to disable such information that is in contravention of applicable law. The Company shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

10.4 In case of non-compliance with any applicable laws, rules or regulations, or the Terms (including the Privacy Policy) by a User or a Service Provider, the Company has the right to immediately terminate the access or usage rights to the Website and Services and to remove non-compliant information from the Website.

10.5 The Company may disclose or transfer User/ Service Provider-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and the Users and the Service Providers hereby consent to such transfer. The Company will comply with any duly-issued government or court directions to disable access to the User/ Service Provider-generated information, should it be found to be illegal by a competent governmental authority.

11. Termination

11.1 The Company reserves the right to suspend or terminate a User’s or a Service Provider’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where:

(a) Such User or Service Provider breaches any terms and conditions of the Terms;

(b) A third party reports violation of any of its right as a result of use of the Services;

(c) The Company is unable to verify or authenticate any information provided to the Company by a User or a Service Provider;

(d) The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User or a Service Provider; or

(e) The Company believes in its sole discretion that User’s or Service Provider’s actions may cause legal liability for such User or Service Provider, other Users, Service Providers or for the Company or are contrary to the interests of the Website.

11.2 Once temporarily suspended, indefinitely suspended or terminated, the User or the Service Provider may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User or a Service Provider shall no longer have access to data, messages, files and other material kept on the Website by such User or the Service Provider. The User and/ or the Service Provider shall ensure that he/she/it has continuous backup of any medical services the User or the Service Provider has rendered in order to comply with its record keeping process and practices.

12. Liability

12.1 The Users accept and acknowledge that the Company does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the Services made available on their Website, including any guarantee or warrantee that such Services (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Service Providers have legal title over the Products or Services being offered by them on the Website. The Company also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered.

12.2 The User further accepts and acknowledges that the Company does not verify any content or information provided by the Service Providers, or obtained from the Manufacturers, and to fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Website, the Services, the Website Content, representations and warranties made by the Service Providers or the content or information (provided by them or obtained from the Manufacturers) on the Website or any opinion or suggestion given or expressed by the Company or any Service Provider in relation to any Services.

12.3 The Website may be linked to web pages and content of third parties, affiliates and business partners (collectively, Third Party Content”). The Company does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that the Company 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 the Website does not imply that the Company endorses the linked site. User may use the links and these services at User's own risk.

12.4 The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's or the Service Provider’s equipment on account of User's or the Service Provider’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User or a Service Provider is dissatisfied with the Website, their sole remedy is to discontinue using the Website.

12.5 The listing of Service Providers on the Website is based on numerous factors including User's comments and feedbacks. In no event shall the Protected Entities (as defined hereinafter) be liable or responsible for the listing order of Service Providers on the Website.

12.6 To the maximum extent permitted by applicable law, the Company, 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 or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.

12.7 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 a Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the Services or services provided by any Service Provider; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website.

12.8 In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from the Terms or a User's use of the Website exceed an aggregate amount of ₹ 1000. The Company accepts no liability for any errors or omissions, whether on behalf of the Users or third parties.

13. Indemnity

The Users and the Service Providers agree to defend, indemnify and hold harmless the Company, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) access to or use of the Website; (b) violation of the Terms; (c) violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) conduct in connection with the Website.

14. Modification of Website

The Company reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. The Users and the Service Providers agree that the Company will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

15. Force Majeure

The User accepts and acknowledges that the Company or the Service Providers shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures, or any other delay or default or deficiency or failure which arises from causes beyond the Company’s or the Service Provider’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, the Company or the Service Provider, depending on whose performance has been impacted under the Terms, shall immediately give notice to the User of the facts which constitute the Force Majeure Event.

16. Governing Law and Dispute Resolution

The Terms and any contractual obligation between the Company and the User will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to the access to, or use of, the Website or these Terms shall be subject to the exclusive jurisdiction of the courts at Raipur (C.G) India.

17. Survival

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

18. Severability

If any provision of the Terms is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.

19. Earn & Refer

A User can refer maximum 3 different users.

19. Contact Information

If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at care@healthpotli.com

If a User has any questions concerning the Company, the Website, the Terms, or anything related to any of the foregoing, the Company can be reached at the following email address –

contactus@healthpotli.com via the contact information available from the following hyperlink: www.healthpotli.com/contact