Terms of use
Please read these terms of use carefully by accessing or using this
internet based platform, you agree to be bound by the terms described
herein and all terms incorporated by reference. If you do not agree to all
of these terms, do not use this internet based platform.
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What is swatirx/ Swati Rx
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The domain name www.swatirx.com, an internet based portal and swatirx a
mobile application, is operated by Swati Rx Healthcare Solutions
Private Limited((formerly known as swatirx Healthcare Solutions
Private Limited), a company duly incorporated under the provisions
of the Companies Act, 2013 (hereinafter referred to as “Swati Rx” or “We” or “Our” or “Us” or
“Company”) having registered office at Level 3, Vasant
Square Mall, Pocket V, Sector B, Vasant Kunj, South Delhi, New
Delhi–110070, with GSTIN 07AAFCD7691C1ZL and PAN AAFCD7691C. The
domain name and the mobile application are collectively referred
to as the “Website”.
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Your access or use of the Website, transaction on the Website and
use of Services (as defined herein below) hosted or managed
remotely through the Website, are governed by the following terms
and conditions (hereinafter referred to as the
Terms of Use”), including the applicable policies which are
incorporated herein by way of reference. These Terms of Use
constitutes a legal and binding contract between you (hereinafter
referred to as “You” or “Your” or the “User”)
on one part and Swati Rx on the other Part.
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By accessing, browsing or in any way transacting on the Website,
or availing any Services, You signify Your agreement to be bound
by these Terms of Use. Further, by impliedly or expressly
accepting these Terms of Use, you also accept and agree to be
bound by Our policies, including the Privacy Policy (as set out in
Part B herein below), and such other rules, guidelines, policies,
terms and conditions as are relevant under the applicable law(s)
in India and other jurisdictions 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 these Terms of Use. However, if You navigate
away from the Website to a third party website, You may be subject
to alternative terms and conditions of use and privacy policy, as
may be specified on such website. In such event, the terms and
conditions of use and privacy policy applicable to that website
will govern Your use of that website.
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The Website is a platform that facilitates (i) online purchase of
pharmaceutical products sold by various third party pharmacies
(“Third Party Pharmacies”) and by the Company; (ii)
diagnostic services being offered by various third party
diagnostic centers (“Third Party Labs”); (iii) online
medical consultancy services/ second opinion being offered by
third party independent doctors (“Medical Experts”); and
(iv) online advertisements of various sponsors advertising and
marketing their own good and services (“Third Party Advertisers”). The Third Party Pharmacies, Third Party Labs, Medical Experts
and the Third Party Advertisers are collectively referred to as
the “Third Party Service Providers”. Further the Website
also serves as an information platform providing health and
wellness related information (“Information Services”) to
the Users accessing the Website (The services of the Third Party
Services Providers, sale of pharmaceutical products by the Company
and the Information Services are collectively referred to as the
“Services”).
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The arrangement between the Third Party Service Providers, You and
Us shall be governed in accordance with these Terms of Use. The
Services would be made available to such natural persons who have
agreed to use the Website after obtaining due registration, in
accordance with the procedure as determined by Us, from time to
time, (referred to as
“You” or “Your” or “Yourself” or “User”, which terms shall
also include natural persons who are accessing the Website merely
as visitors). The Services are offered to You through various
modes which shall include issue of discount coupons and vouchers
that can be redeemed for various goods/ services offered for sale
by relevant Third Party Service Providers. To facilitate the
relation between You and the Third Party Service Providers through
the Website, Swati Rx shall send to You (promotional content
including but not limited to emailers, notifications and
messages).
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You agree and acknowledge that the Website is a platform that You
and Third Party Service Providers utilize to meet and interact
with another for their transactions. Swati Rx is not and cannot be
a party to or save as except as may be provided in these Terms of
Use, control in any manner, any transaction between You and the
Third Party Service Providers.
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Swati Rx reserves the right to change or modify these Terms of Use
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 You waive any right You may have to
receive specific notice of such changes or modifications, provided
however that, we will inform You of such changes at least once a
year. Your continued use of the Website will confirm Your
acceptance of such changes or modifications; therefore, You should
frequently review these Terms of Use and applicable policies to
understand the terms and conditions that apply to Your use of the
Website.
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As a condition to Your use of the Website, You must be 18
(eighteen) years of age or older to use or visit the Website in
any manner. By visiting the Website or accepting these Terms of
Use, You represent and warrant to Swati Rx that You are 18
(eighteen) years of age or older, and that You have the right,
authority and capacity to use the Website and agree to and abide
by these Terms of Use.
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These Terms of Use is published in compliance of, and is governed
by the provisions of Indian laws, including but limited to:
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the Indian Contract Act, 1872 (“Contract Act”);
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the (Indian) Information Technology Act, 2000 (“IT Act”) 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, and the (Indian)
Information Technology (Intermediaries Guidelines) Rules, 2011
(“IG Guidelines”);
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the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read
with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
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the Drugs and Magic Remedies (Objectionable Advertisements)
Act, 1954 (“Drugs and Magic Act”);
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The Indian Medical Council Act, 1956 read with the Indian
Medical Council Rules, 1957;
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Pharmacy Act, 1948 (“Pharmacy Act”) and
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the Consumer Protection Act, 2019 and
Consumer Protection (E-Commerce) Rules, 2020.
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Swati Rx authorizes You to view and access the content available
on the Website solely for the purposes of availing the Services,
such as visiting, using, ordering, receiving, delivering and
communicating only as per these Terms of Use. The contents on the
Website including information, text, graphics, images, logos,
button icons, software code, design, and the collection,
arrangement and assembly of content, contains Third Party Service
Providers’ content (“Third Party Content”) as well as
in-house content provided by Swati Rx including without
limitation, text, copy, audio, video, photographs, illustrations,
graphics and other visuals (“Swati Rx Content”)
(collectively, “Content”). The Swati Rx Content is the
property of Swati Rx and is protected under copyright, trademark
and other applicable law(s). You shall not modify the Swati Rx
Content or reproduce, display, publicly perform, distribute, or
otherwise use the Swati Rx Content in any way for any public or
commercial purpose or for personal gains.
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Compliance with these Terms of Use would entitle You to a
personal, non-exclusive, non-transferable, limited privilege to
access and transact on the Website.
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These Terms of Use constitute an electronic record in terms of the
IT Act 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.
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ELIGIBILITY
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For the purposes of availing the Services and/or transacting with
the Third Party Service Providers through the Website, You are
required to obtain registration, in accordance with the procedure
established by Swati Rx in this regard. As part of the
registration process, Swati Rx may collect the following personal
information from You:
- Name;
- User ID;
- Email address;
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Address (including country and ZIP/ postal code);
- Gender;
- Age;
- Phone number;
- Password chosen by the User;
- Valid financial account information; and
- Other details as You may volunteer.
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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. By
registering, accessing or using the Website, You accept the
terms of these Terms of Use and represent and warrant to TATA
swatirx that you are ‘competent to contract’ under the Contract
Act and have the right, authority and capacity to use the
Website and agree to and abide by these Terms of Use.
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A registered id can only be utilized by the person whose
details have been provided and Swati Rx 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 procuring the Services, on
behalf of such persons.
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Organizations, companies, and businesses may not become
registered members on the Website or use the Website through
individual members.
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You agree and acknowledge that You would (i) create only 1
(one) account; (ii) provide accurate, truthful, current and
complete information when creating Your account and in all
Your dealings through the Website; (iii) maintain and promptly
update Your account information; (iv) maintain the security of
Your account by not sharing Your password with others and
restricting access to Your account and Your computer; (v)
promptly notify Swati Rx if You discover or otherwise suspect
any security breaches relating to the Website; (vi) take
responsibility for all the activities that occur under Your
account and accept all risk of unauthorized access; (vii) Any
communication from Swati Rx shall be sent only to your
registered mobile number and/or email address or such other
contact number or email address that you may designate and
(viii) You shall be solely responsible to update your
registered mobile number and/or email address on the Website
in the event there is a change.
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The Website uses temporary cookies to store certain data (that
is not sensitive personal data or information) that is used by
Swati Rx for the technical administration of the Website,
research and development, and for User administration. In the
course of serving advertisements or optimizing services to
You, Swati Rx may allow authorized third parties to place or
recognize a unique cookie on Your browser. Swati Rx does not
store personally identifiable information in the cookies.
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Swati Rx, at its sole discretion, reserves the right to
permanently or temporarily suspend Users, to bar their use and
access of the Website and App, at any time while Swati Rx
investigates complaints or alleged violations of these Terms
of Use or any Services, or for any other reason.
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USE OF SERVICES AND THE WEBSITE
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E-Commerce Platform for Pharmaceutical Products –
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Platform to facilitate transaction of business:
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Through the Website, Swati Rx facilitates the purchase of
drugs and other pharmaceutical products, and services
offered for sale by Third Party Pharmacies (“Pharmaceutical Goods and Services”). You understand and agree that Swati Rx and the Website
merely provide hosting services to You and persons
browsing / visiting the Website. All items offered for
sale on the Website, and the content made available by the
Third Party Pharmacies, are third party user generated
contents and third party products. Swati Rx has no control
over such third party user generated contents and/
Pharmaceutical Goods and Services and does not - originate
or initiate the transmission, or select the
sender/recipient of the transmission, or the information
contained in such transmission. The authenticity and
genuineness of the Pharmaceutical Goods and Services made
available by the Third Party Pharmacies through the
Website shall be the sole responsibility of the Third
Party Pharmacies. You understand and agree that Swati Rx
shall have no liability with respect to the authenticity
of the Pharmaceutical Goods and Services being facilitated
through the Website.
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You understand and agree that all commercial / contractual
terms, with respect to the sale/ purchase/ delivery and
consumption of the Pharmaceutical Goods and Services which
are offered by and agreed to between You and the Third
Party Pharmacies and the contract for purchase of any of
the Pharmaceutical Goods and Services, which are offered
for sale on the Website by the Third Party Pharmacies
shall strictly be a bipartite contract between the Third
Party Pharmacies and You.
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The commercial / contractual terms include without
limitation - price, shipping costs, payment methods,
payment terms, date, period and mode of delivery,
warranties related to Pharmaceutical Goods and Services
offered for sale by the Third Party Pharmacies, and after
sales services related to such Pharmaceutical Goods and
Services are as provided by the Third Party Pharmacies.
Swati Rx 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 You and the Third
Party Pharmacies.
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Representation as to legal title
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Swati Rx does not make any representation or warranty as
to legal title of the Pharmaceutical Goods and Services
offered for sale by the Third Party Pharmacies on the
Website.
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At no time shall any right, title, claim or interest in
the products sold through or displayed on the Website vest
with Swati Rx nor shall Swati Rx have any obligations or
liabilities in respect of any transactions on the Website.
You agree and acknowledge that the ownership of the
inventory of such Pharmaceutical Goods and Services shall
always vest with the Third Party Pharmacies, who are
advertising or offering them for sale on the Website and
are the ultimate sellers.
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You agree and acknowledge that the Third Party Pharmacies
shall be solely responsible for any claim/ liability/
damages that may arise in the event it is discovered that
such Third Party Pharmacies do not have the sole and
exclusive legal ownership over the Pharmaceutical Goods
and Services that have been offered for sale on the
Website by such Third Party Pharmacies, or did not have
the absolute right, title and authority to deal in and
offer for sale such Pharmaceutical Goods and Services on
the Website.
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Non-Performance of Contract
You accept and acknowledge the following:
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Swati Rx is not responsible for any unsatisfactory,
delayed, non-performance or breach of the contract entered
into between You and the Third Party Pharmacies for
purchase and sale of goods or services offered by such
Third Party Pharmacies on the Website;
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Swati Rx cannot and does not guarantee that the concerned
Third Party Pharmacies will perform any transaction
concluded on the Website;
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The Third Party Pharmacy(s) are solely responsible for
ensuring that the Pharmaceutical Goods and Services
offered for sale on the Website are kept in stock for
successful fulfillment of orders received. Consequently,
Swati Rx is not responsible if the Third Party Pharmacy(s)
does not satisfy the contract for sale of Pharmaceutical
Goods and Services 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 You; and
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Swati Rx shall not and is not required to mediate or
resolve any dispute or disagreement between You and Third
Party Pharmacies. In particular, Swati Rx does not
implicitly or explicitly support or endorse the sale or
purchase of any items or services on the Website. Swati Rx
shall, on a request in writing made by You after the
purchase of any Pharmaceutical Goods and Services on the
Website, provide You with information regarding the Third
Party Pharmacies from which You have made such purchase,
including the principal geographic address of its
headquarters and all branches, name and details of its
website, its email address and any other information
necessary for communication with the Third Party Pharmacy
for dispute resolution.
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Exhibition of drugs and publication of Third Party
Pharmacies content on the Website
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You agree and acknowledge that the respective Third Party
Pharmacies are exhibiting Third Party Content which
includes catalogue of drugs/ pharmaceutical products or
services, and information in relation to such drugs/
pharmaceutical products or services, on the Website.
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The Third Party Content available on the Website,
including without limitation, text, copy, audio, video,
photographs, illustrations, graphics and other visuals, is
for general information purposes only and does not
constitute either an advertisement/ promotion of any drug
being offered for sale by the Third Party Pharmacies on
the Website or any professional medical advice, diagnosis,
treatment or recommendations of any kind.
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You acknowledge and agree that such Third Party Pharmacies
shall be solely responsible for ensuring that such Third
Party Content made available regarding the Pharmaceutical
Goods and Services offered for sale on the Website, are
not misleading and describe the actual condition of the
Pharmaceutical Goods and Services. In this connection, it
is solely the responsibility of the concerned Third Party
Pharmacy(s) to ensure that all such information is
accurate in all respects and there is no exaggeration or
over emphasis on the specifics of such Pharmaceutical
Goods and Services so as to mislead the Users in any
manner. You acknowledge and understand that Swati Rx
provides no warranty or representation with respect to the
authenticity/ veracity of the information provided on the
Website and You must run Your own independent check. You
agree and acknowledge that Swati Rx has not played any
role in the ascertainment of the actual impact/ effect of
any Pharmaceutical Goods and Services being offered for
sale by the Third Party Pharmacies on the Website.
Further, it is hereby clarified that the Third Party
Pharmacies are offering the Pharmaceutical Goods and
Services for sale to You and they are responsible for
procuring the appropriate licenses for the same under the
Drugs Act read with the Drug rules and the Pharmacy Act.
You agree and acknowledge that You shall not hold Swati Rx
responsible or liable for any damages arising out of such
reliance on third party user generated content by You.
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Prescription Drugs
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The Website is a platform that can be used by the Users to
purchase various drugs and pharmaceutical products that
requires a valid medical prescription issued by a medical
expert/ doctor to be provided to a registered pharmacist
for the purpose of dispensing such medicine (“Prescription
Drugs”), offered for sale on the Website by Third Party
Pharmacies. In order to purchase Prescription Drugs from
Third Party Pharmacies through the Website, You are
required to upload a scanned copy of the valid
prescription on the Website or email the same to Swati Rx.
The order would not be processed and forwarded to the
concerned Third Party Pharmacy(s) by Swati Rx until it
receives a copy of a valid prescription. Third Party
Pharmacies will verify the prescription forwarded by You
and in case of Third Party Pharmacy(s) observe any
discrepancy in the prescription uploaded by You, the Third
Party Pharmacy(s) will cancel the order immediately. You
are also required to make the original prescription
available at the time of receipt of delivery of
Prescription Drugs. You shall allow the delivery agent to
stamp the original prescription at the time of medicine
delivery failing which medicines will not be delivered.
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Swati Rx shall maintain a record of all the prescriptions
uploaded by the Users.
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Substitution of Prescribed Drugs
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You acknowledge and accept that the order for a substitute
of a Prescription Drug would only be processed if the
medical expert/ doctor has himself/ herself permitted for
any other equivalent generic drug to be dispensed in place
of the Prescription Drug in the prescription or if the
prescription solely lists the salt names instead of a
specific brand name.
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You further acknowledge and accept that, in the absence of
the above, the concerned Third Party Pharmacy would not
dispense a substitute drug in place of the Prescription
Drug.
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Invitation to offer for sale
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Notwithstanding anything else contained in any other part
of these Terms of Use, the listing of drugs and other
pharmaceutical products on the Website by the Third Party
Pharmacies is merely an ‘invitation to an offer for sale’
and not an ‘offer for sale’. The placement of an order by
You shall constitute an offer by You to enter into an
agreement with the Third Party Pharmacies (“Offer”). Post
the Offer from the Third Party Pharmacies, Swati Rx shall
send an email to You with the information on the Offer
along with the details of the concerned Third Party
Pharmacy(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
Third Party Pharmacy(s) after the validation/ verification
of the prescription by such Third Party Pharmacy (in case
of Prescription Drugs) and the ascertainment of the
available stock in the relevant Third Party Pharmacy(s)
(in the case of prescription as well as other drugs/
pharmaceutical products), by way of a confirmatory email
to be sent to You.
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For the avoidance of any doubt, it is hereby clarified
that any reference of the term ‘offer/ offered for sale by
the Third Party Pharmacy’, as appearing in these Terms of
Use, shall be construed solely as an ‘invitation to offer
for sale’ by any such Third Party Pharmacy.
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Transfer of Property and Completion of Sale
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Upon acceptance of the Offer by the concerned Third Party
Pharmacy (being the brick and mortar pharmacy, the
Pharmaceutical Drugs and Services would be dispensed at
the pharmacy, in accordance with the terms of the order
placed by You. Such dispensation shall also take place
under the direct/ personal supervision of the pharmacist
of the Third Party Pharmacy, wherever required under the
applicable law(s).
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You agree and acknowledge that the property and title in
the Pharmaceutical Drugs and Services ordered by You shall
stand immediately transferred to You upon the dispensation
of Pharmaceutical Drugs and Services and the raising of
the invoice at the concerned Third Party Pharmacy.
Accordingly, the sale of Pharmaceutical Drugs and Services
is concluded at the concerned Third Party Pharmacy itself.
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The invoice in relation to the Pharmaceutical Drugs and
Services, that are required to be delivered to You shall
be issued by the concerned Third Party Pharmacy (being the
brick and mortar pharmacy) which is to process and satisfy
the order for such Pharmaceutical Drugs and Services.
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Delivery of Drugs
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You agree to appoint an individual who shall act in the
capacity of Your agent and collect the medicines as
requested by You from Third Party Pharmacy on Your behalf
("User Agent"). You accept and acknowledge that the User
Agent shall be responsible to collect the medicines
ordered by You from the Third Party Pharmacy and to carry
it to the address notified by You.
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You further agree and acknowledge that the User Agent acts
as Your agent for collecting the medicines from the Third
Party Pharmacy. The services are being undertaken by User
Agent with Your consent and therefore the Company is
merely facilitating for You and Users Agent to connect.
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Advertising Guidelines for the Website –
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As part of the Services provided by Us; We facilitate and
allow Third Party Advertisers to place advertisements on the
Website. Accordingly, there are guidelines (as listed herein
below) which the Third Party Advertisers have to follow for
placing such advertisements (the “Advertising Policy”).
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For the Users: Swati Rx clearly distinguishes
between the editorial content and content that is created
or provided by one of Our Third Party Advertisers. The
advertisements will be labeled as "sponsored", "from our
Advertisers" or "advertisement". This content will not be
reviewed by Our in-house editorial staff and shall not be
subject to Our editorial policy (as set out herein below)
but shall be subject to the Advertising Policy, these
Terms of Use (except the editorial policy) and the Privacy
Policy.
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For the Third Party Advertisers: The Third Party
Advertisers must be honest about the products or services
their advertisements promote; the advertisement shall not
create unrealistic expectation and must not be misleading
or offending; must be responsible and of the highest
standards and without compromising the consumer
protection. The Advertising Policy applies to all the
advertisements, listed or sought to be listed, on the
Website.
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General Rules: All the advertisements must comply
with the Advertising Policy, the terms of these Terms of
Use (except the editorial policy) and the Privacy Policy.
Swati Rx may, at any time and without having to serve any
prior notice to the Third Party Advertisers, (i) upgrade,
update, change, modify, or improve the Website or a part
thereof in a manner it may deem fit, and (ii) change the
content of the Advertising Policy and/ or these Terms of
Use and/ or the Privacy Policy. It is the responsibility
of the Third Party Advertisers, in such cases, to review
the terms of the Advertising Policy and/ or these Terms of
Use and/ or the Privacy Policy, from time to time. Such
change shall be made applicable when they are posted. TATA
swatirx may also alter or remove any content from the Website
without prior notice and without liability. The Third
Party Advertisers are also responsible for ensuring that
their advertisements comply with all applicable law(s) in
India and any other jurisdiction that such Third Party
Advertiser(s) are based out of, industry codes, rules and
regulations in each geographic area where the
advertisements will run. All disclosures in the
advertisements must be clear and conspicuous.
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Review: All the advertisements are subject to the
review and approval of Swati Rx. Swati Rx reserves the
right to reject or remove any advertisement in its sole
discretion for any reason. Further, Swati Rx also reserves
the right to request modifications to any advertisement,
and to require factual substantiation for any claim made
in an advertisement.
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Prohibited Content: The advertisements must not
infringe the intellectual property, privacy, publicity,
copyright, or other legal rights of any person or entity.
The advertisements must not be false, misleading,
fraudulent, defamatory, or deceptive. The following
advertisement content is prohibited:
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content that demeans, degrades, or shows hate toward a
particular race, gender, culture, country, belief, or
toward any member of a protected class;
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content depicting nudity, sexual behaviour, or obscene
gestures;
- content depicting drug use;
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content depicting excessive violence, including the
harming of animals;
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shocking, sensational, or disrespectful content;
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deceptive, false or misleading content, including
deceptive claims, offers, or business practices;
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content that directs users to phishing links, malware,
or similarly harmful codes or sites; and
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content that deceives the Users into providing
personal information without their knowledge, under
false pretences, or to companies that resell, trade,
or otherwise misuse that personal information; and
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content that violates any law for the time being in
force.
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Prohibited Advertisements: Advertisements for the
following products and services are prohibited:
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adult products and services (other than
contraceptives; see below);
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cigarettes (including e-cigarettes), cigars, smokeless
tobacco, and other tobacco products;
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products or services that bypass copyright protection,
such as software or cable signal descramblers;
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products or services principally dedicated to selling
counterfeit goods or engaging in copyright piracy;
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get-rich-quick or pyramid schemes or offers or any
other deceptive or fraudulent offers;
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illegal or recreational drugs or drug paraphernalia;
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counterfeit, fake or bootleg products, or replicas or
imitations of designer products;
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firearms, weapons, ammunition, or accessories;
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advertisements that promote particular securities or
that provide or allege to provide insider tips;
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any illegal conduct, product, or enterprise;
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unapproved pharmaceuticals and supplements;
- prescription drugs;
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products that have been subject to any government or
regulatory action or warning;
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products with names that are confusingly similar to an
unapproved pharmaceutical or supplement or controlled
substance; and
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material that directly advertises products to or is
intended to attract children under the age of 13.
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Prohibited Advertisements under the Drugs and Magic
Act:
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subject to the provisions of the Drugs and Magic Act,
no person shall take any part in the publication of
any advertisement referring to any drug which suggest
or are calculated to lead to the use of that drug for
–
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the procurement of miscarriage in women or
prevention of conception in women; or
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the maintenance or improvement of the capacity of
human beings for sexual pleasure; or
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the correction of menstrual disorder in women; or
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the diagnosis, cure, mitigation, treatment or
prevention of any disease, disorder or condition
specified in the schedule of the Drugs and Magic
Act, or any other disease, disorder or condition
(by whatsoever name called) which may be specified
in the rules made under the Drugs and Magic Act;
or provided that no such rule shall be made
except, – (i) in respect of any disease, disorder
or condition which requires timely treatment in
consultation with a doctor or for which there are
normally no accepted remedies; or
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prohibition of misleading advertisements relating
to drugs;
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subject to the provisions of the Drugs and Magic
Act, no person shall take any part in the
publication of any advertisement relating to a
drug if the advertisement contains any matters
which:
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directly or indirectly gives a false
impression regarding the true character of the
drug; or
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makes a false claim for the drug; or
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is otherwise false or misleading in any
material particular.
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It is hereby clarified that that the Third Party
Advertisers will comply with all the provisions of the
Drugs and Magic Act and the rules made thereunder.
Further, it is agreed that the Third Party Advertisers
shall be solely responsible for any penalty or any
action taken by the governmental authorities for
non-compliance with the Drugs and Magic Act and the
rules made thereunder.
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Restricted Advertisements: Advertisements in the
following categories are restricted and require approval
on a case-by-case basis:
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advertisements that promote or reference alcohol;
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advertisements for online dating services;
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advertisements for gambling and games of skill;
- advertisements for lotteries;
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advertisements for financial services;
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advertisements for contraceptives;
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advertisements for online pharmacies or
pharmaceuticals; and
- political advertisements.
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Testimonials & Endorsements:
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any testimonials and endorsements contained in
advertisements must comply with all applicable law(s),
industry codes, rules, and regulations. For example, a
clear and conspicuous disclaimer is required if an
endorser's results were atypical or if the endorser
was paid;
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Swati Rx recognizes and maintains a distinct
separation between advertising and sponsored content
and editorial content. All advertising or sponsored
content on the Website of the Company will be clearly
and unambiguously identified; and
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a click on an advertisement may only link the User to
the website of the Third Party Advertiser(s).
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Editorial Policy for the Website –
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As part of the Services, Swati Rx provides Swati Rx Content on
the Website targeted at general public for informational
purposes only and does not constitute professional medical
advice, diagnosis, treatment or recommendations of any kind.
Swati Rx Content is subject to the following rules/
information:
-
Swati Rx Content is original and is relevant to the general
public;
-
topics for Swati Rx Content are selected by Our board of
qualified experts consisting of certified medical experts,
pharmacist and medical professionals;
-
topics for Swati Rx Content are chosen on the basis of
current health news, drug alerts, new drug launches, latest
medical findings published in peer-reviewed medical
journals, such as ‘The Journal of the American Medical
Association’, ‘The New England Journal of Medicine’, ‘The
Lancet’, ‘Pediatrics’, ‘Diabetes Care’, and many others;
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editorial board (as mentioned below) takes into account the
latest trending health and wellness topics like dengue,
swine flu, seasonal allergies, new vaccines, public
awareness trends like breast cancer awareness month," and
‘Healthy Heart Month’; as well as emerging health and
nutrition trends like health benefits quinoa, use of BGR 34
for managing diabetes, alternative medicine like ayurveda,
homeopathy and much more;
-
Swati Rx maintains principles of fairness, accuracy,
objectivity, and responsible, independent reporting;
-
the member of Swati Rx has to fully disclose any potential
conflict of interest with any of the Third Party Service
Providers;
-
Swati Rx’s editorial staff holds the responsibility of
providing objective, accurate, and balanced accounts of
events and issues; and
-
Swati Rx’s editorial board constitutes of:
- Dr. Rajeev Sharma MBBS, MBA
- Dr. Anuj Saini MBBS, MMST
- Dr. Sakshi Jain BDS, MS
- Dr. Swati Mishra BDS
- Dr. Sachin Gupta, MBBS, MD
- Dr. Deepak Soni BAMS
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Diagnostics Services –
-
As a condition of Your use of and access to the diagnostic
services provided through the Website and Your acceptance of
these Terms of Use, You are subject to the following rules/
guidelines:
-
Terms for use of the Diagnostic Services:
-
Swati Rx provides Services through the Website as a
marketplace and facilitates the Users to avail
diagnostic test/ packages facilities offered by Third
Party Labs through the Website. Swati Rx is not and
shall not be responsible for any sample collected,
tests conducted and reports generated by the Third
Party Labs and does not deal with any of Third Party
Labs’ client or patient managed by Third Party Labs
through the Website and only provides facilitation
Services to the Users through the Website. Use of the
Website may require the Third Party Labs to use
software and the Third Party Labs have to ensure the
procurement of such software from the concerned
providers. User and the Third Party Labs agree to use
the Website and the materials provided therein only
for purposes that are permitted by: (a) these Terms of
Use; and (b) any applicable law(s), regulation or
generally accepted practices or guidelines in the
relevant jurisdictions.
-
The Third Party Labs may not access the Services if
the Third Party Labs are Swati Rx’s direct competitor,
except with Swati Rx’s prior written consent. In
addition, the Third Party Labs may not access the
Services for purposes of monitoring their
availability, performance or functionality, or for any
other benchmarking or competitive purposes.
-
Swati Rx will provide to the Third Party Labs basic
support for the Services at no additional charge,
and/or upgraded support if purchased separately and
will use commercially reasonable efforts to make the
Services available 24 (twenty-four) hours a day, 7
(seven) days a week, except for (i) planned downtime
or (ii) any unavailability caused by circumstances
beyond Swati Rx’s reasonable control, including
without limitation Force Majeure Events (as defined
herein below). Swati Rx will provide the Services only
in accordance with applicable law(s) and government
regulations.
-
The Services may be subject to certain limitations,
such as, limits on disk storage space, on the number
of calls Third Party Labs are permitted to make
against Swati Rx’s application programming interface,
and, other limitations dependent on the Third Party
Labs plan, for example, number of SMS, or number of
Users. Any such limitations are specified in the Third
Party Labs’ plans. The Services provide real-time
information to enable Third Party Labs to monitor such
Third Party Labs’ compliance with such limitations.
-
Notwithstanding anything to the contrary contained
herein, Third Party Labs alone shall be liable for
Third Party Labs’ dealings and interaction with the
Users who avail the services of the Third Party Labs
or diagnostic centres contacted or managed through the
Website and Swati Rx shall have no liability or
responsibility in this regard. Swati Rx does not
guarantee or make any representation with respect to
the correctness, completeness or accuracy of the
information or details provided by such User, Third
Party Labs or any diagnostic centre or any third party
through the Website. The Services should not be used
for emergency appointment purposes.
-
Notwithstanding anything to the contrary contained
herein, Third Party Labs alone shall be liable for
dealings and interaction with Users contacted or
managed through the Website and Swati Rx shall have no
liability or responsibility in this regard. Swati Rx
does not guarantee or make any representation with
respect to the correctness, completeness or accuracy
of the tests conducted and reports generated by the
Third Party Labs.
-
Swati Rx may, at its sole discretion, suspend Third
Party Labs or Users ability to use or access the
Website at any time while Swati Rx investigates
complaints or alleged violations of these Terms of
Use, or for any other reason. swatirx has the right to
edit profiles of Third Party Labs to make them more
suitable for package searches on the Website. If Third
Party Labs and/ or Users find any wrong information on
the Website in relation to such Third Party Labs and/
or User, they can correct it themselves or contact
Swati Rx immediately for such corrections. Swati Rx
shall have no liability or responsibility in this
regard.
-
Terms for use of the Online Doctor Consultancy Services:
-
Swati Rx is an online health platform that provides a variety
of online and online-linked health products and services to
the Users for health related information and resources.
Whenever We use the words "Your physician" or "Your doctor" or
"healthcare provider" or similar words on the Website,
including in these Terms of Use, We mean Your personal doctor
with whom You have an actual, mutually acknowledged,
doctor-patient relationship. Swati Rx’s Medical Experts are
not "Your" physician or healthcare provider.
-
NO DOCTOR-PATIENT RELATIONSHIP: Swati Rx does not
replace Your relationship with physician or healthcare
provider. The information interpreted SHOULD NOT be
relied upon as a substitute for sound professional medical
advice, evaluation or care from Your physician or other
qualified healthcare provider.
-
You acknowledge that the Medical Experts empanelled with Us
are independent contractors and thereby Swati Rx has an
independent contractor relationship with such Medical Experts
and therefore in no event Swati Rx will be directly or
vicariously liable for any advice or medical consultancy or
any loss arising therefrom that the Medical Experts may
provide to You or You may avail as part of the Services.
-
You acknowledge that the e-prescription which may be issued by
the medical expert(s), in certain events, is not be a valid
prescription under applicable law(s) of India and may not be
used for dispensation of medicines by any pharmacist including
the Third Party Pharmacies. You further agree and acknowledge
that if You request us to process the e-prescription or any
form of prescription (whether original or scanned copy of the
original prescription) for facilitation of medicine orders,
then we will only act as an aggregator and assume no
responsibility and/ or liability in relation to the
dispensation of the medicines, which shall at all times be at
your sole risk and the sole responsibility of the Third Party
Pharmacies supplying the medicines to you.
-
You acknowledge that although some of the content, text, data,
graphics, images, information, suggestions, guidance, and
other material (collectively, “Information”) that is provided
to You 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 doctor/medical
professional-patient relationship, but is provided to inform
You on various medical conditions, medical diagnosis and
treatment and it does not constitute a direct medical
diagnosis, treatment or prescription. Everything on the
Website should be used for information purposes only.
-
Swati Rx is designed to support the health decisions and
choices that You make. These decisions and choices are Yours,
and We believe that You, in connection with the advice You
receive from Your doctor or other professional healthcare
provider, are the best decision maker about Your health. We
cannot make decisions for you. However, what We can do is help
You find good health information and connect with doctors for
in-person information. On Swati Rx You can ask and find
informational questions and related educational answers by
Medical Experts. The Website is not a place for the practice
of medicine, but Medical Experts on the Website can be a
resource for reliable, relevant general health information.
-
Even if Your real life doctor is on Swati Rx, personal medical
advice, treatment or diagnosis are not permitted through the
Website, and by using the Website You agree not to solicit
these or use any information as if it were personal advice,
treatment, or diagnosis. Whenever You want personal medical
advice, treatment, or diagnosis, You should contact Your
physician or professional healthcare provider and see them in
person.
-
We do not recommend or endorse any specific Medical Expert(s),
tests, products, procedures, opinions, or other information
that may be mentioned on the Website. Reliance on any
information provided on the Website is solely at Your own
risk. In case of any medical emergency, kindly contact Your
nearest doctor/hospital or any related helpline.
-
The Services are not for use in medical emergencies or for
critical health situations requiring prompt medical attention.
The Services are not intended to be real-time and may not be
the best solution when a face-to-face consultation is a must
and therefore We strongly discourage any delay in seeking
advice from Your doctor on account of something that You may
have heard/viewed on the Website. You take full responsibility
for ensuring that the information submitted is accurate and
Swati Rx shall not make any effort to validate any information
provided by You for using the Services with respect to
content, correctness or usability. We, with an intention to
provide the best services possible could ask You to share more
information as and when needed.
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The opinions, statements, answers and tele-consultations
(collectively “Consultation”) provided by the Medical
Experts through the Website are solely the individual and
independent opinions and statements of such Medical Experts
and do not reflect the opinions of Swati Rx, its affiliates or
any other organizations or institutions to which such Medical
Expert or such specialist or professional is affiliated or
provides services. Swati Rx does not recommend or endorse any
specific tests, physicians, products, procedures, opinions, or
other information that may be mentioned on the Website or by a
licensee of Swati Rx.
-
The inclusion of professionals, specialists and/ or Medical
Experts on the Website or in any professional directory on the
Website does not imply recommendation or endorsement of such
specialists and/ or Medical Experts nor is such information
intended as a tool for verifying the credentials,
qualifications, or abilities of any specialists and/ or
Medical Experts contained therein. Such information is
provided on an ‘as-is’ basis and Swati Rx disclaims all
warranties, either express or implied, including but not
limited to the implied warranties of merchantability and
fitness for particular purpose.
-
Swati Rx (the owners and the employee staff of Swati Rx),
Medical Experts and third-party professionals who offer the
Services through the Website accept no responsibility for any
medical, legal or financial events or outcomes related to the
Services availed through the use of the Website.
-
Swati Rx makes no warranty that the Services will meet Your
requirements, or that the Service(s) will be uninterrupted,
timely, secure, or error free. This includes loss of data or
any service interruption caused by Swati Rx employees. TATA
swatirx is not responsible for transmission errors, corruption of
data.
-
The Website is for personal use and the Services are for
individuals to use for supporting their personal health
decisions. You may use the Website for personal, but not for
commercial, purposes.
-
The Website may not be used for illegal purposes. The
Information and Services may not be used for any illegal
purpose. You may not access our networks, computers, or the
Information and Services in any manner that could damage,
disable, overburden, or impair them, or interfere with any
other person's use and enjoyment. You may not attempt to gain
unauthorized access to any Information or Services, other
accounts, computer systems, or networks connected with the
Website, the Information, or Services. You may not use any
automated means (such as a scraper) to access the Website, the
Information, or Services for any purpose. Such unauthorized
access includes, but is not limited to, using another person’s
login credentials to access his or her Swati Rx profile/
account. Any attempt by any individual or entity to solicit
login information of any other user or Medical Expert or to
access any such account is an express and direct violation of
these Terms of Use and of applicable law(s), including
relevant privacy and security laws and laws prohibiting unfair
or unethical business practices.
-
Your right to use the Services is not transferable.
-
Notwithstanding anything to the contrary contained herein, You
alone shall be liable for Your dealings and interaction with
patients or Medical Experts (as the case may be) contacted or
managed through the Website and Swati Rx shall have no
liability or responsibility in this regard. Swati Rx does not
guarantee or make any representation with respect to the
correctness, completeness or accuracy of the Information or
detail provided by such client, patient, User, Medical Experts
or any third party through the Website. The Services should
not be used for emergency appointment purposes.
-
The exchanges between the Medical Experts and the patient
through the chat window or over telephone (as the case maybe)
and the e-prescription would be accessible to Swati Rx for the
purposes of monitoring the quality of the consultation.
-
Swati Rx may, at its sole discretion, suspend User’s or
Medical Expert’s ability to use or access the Website at any
time while Swati Rx investigates complaints or alleged
violations of these Terms of Use, or for any other reason.
Swati Rx has the right to edit profiles of Medical Experts to
make them more suitable for patient/ Users searches on the
Website.
-
The Services should not be depended upon and should not be
treated as a replacement for obtaining consultation for
diseases as the consultation provided through the Website is
generic in the approach and shall not and cannot act as a
substitute for physical consultation with a doctor. Also the
Consultations provided through the Website are not diagnostic
in nature.
-
Risks of using Swati Rx’s Services
-
As with any medical procedure, there are potential risks
associated with using the Services. By using the Services,
You agree to abide by these Terms of Use, Privacy Policy
and risks described below. These risks include, but may
not be limited to:
-
While the Website is an honest attempt to provide
access to the best possible medical information to the
Users, the Medical Experts will not be examining You
physically. The Medical Experts may not have access to
all or some of Your medical history that might be
critical to consult You. The Medical Experts will not
have the benefit of information that would be obtained
by examining You in person, observing Your physical
condition and by going through Your medical records.
This means that the Services provided is different
from the diagnostic and treatment services typically
decided by a physician. Therefore, the Medical Experts
may not be aware of facts or information that would
affect his or her opinion of Your diagnosis. To reduce
the risk of this limitation, Swati Rx strongly
encourages You to be in touch with an on-ground
physician and share the Swati Rx’s opinion with
him/her.
-
By requesting a medical opinion through the Website,
You acknowledge and agree that:
-
the advice/information/opinion on diagnosis You
may receive could be limited and provisional;
-
the medical opinion is not intended to replace a
face-to-face visit with a physician and it does
replace an actual doctor-patient relationship;
-
in case of a second opinion where there is a
difference of opinion among Our Medical Experts
and Your physician, You would bear the
responsibility to decide on online or offline
consultation, or procedure, and/or treatment;
-
the Medical Expert is reliant on information
provided by You and hence any information
demonstrated to have been falsified, misleading or
incomplete will immediately render the opinion and
all details therein null and void;
-
in some cases, the Medical Expert may determine
that the transmitted information is of inadequate
quality and may ask for more information, without
which he/she may refuse to answer the query;
-
in rare cases, the Medical Experts may feel that
the query may not be answerable without physically
examining the patient/ Users and the Consultation
may be refused forthwith;
-
in very rare instances, security protocols could
fail, causing a breach of privacy of personal
medical information; and
-
delays in medical evaluation and answers could
occur due to deficiencies or failures of the
service as per those mentioned in these Terms of
Use.
-
OTHER TERMS
-
Your Profile, Collection, Use, Storage and Transfer of Personal
Information:
-
Your Swati Rx profile is created to store record of Your
Consultations and Your personal health information online,
including history, health conditions, allergies and
medications.
-
Any information provided as part of a web Consultation or
obtained from use of the Services by You becomes part of Your
Swati Rx record. You agree to provide accurate information to
help Us serve You best to Our knowledge, to periodically
review such information and to update such information as and
when necessary. Swati Rx reserves the right to maintain,
delete or destroy all communications and materials posted or
uploaded to the Website according to its internal record
retention and/or destruction policies. You might be contacted
via email to review the information provided by You for TATA
swatirx’s record or for the Services. Please make sure You provide
a valid email-id and You update it as and when needed.
-
For additional information regarding use of information about
You, please refer to the Privacy Policy.
-
The terms “personal information” and “sensitive personal data
or information” are defined under the Information Technology
(Reasonable Security Practices and Procedures and Sensitive
Personal Information) Rules, 2011 (the “SPI Rules”),
and are reproduced in the Privacy Policy.
-
The Privacy Policy sets out:
-
the type of information collected from Users,
including sensitive personal data or information;
-
the purpose, means and modes of usage of such
information; and
-
how and to whom Swati Rx will disclose such
information.
-
The Users are expected to read and understand the Privacy
Policy, so as to ensure that he or she has the knowledge
of:
-
the fact that the information is being collected;
-
the purpose for which the information is being
collected;
-
the intended recipients of the information;
-
the name and address of the agency that is collecting
the information and the agency that will retain the
information; and
-
the various rights available to such Users in respect
of such information.
-
Swati Rx shall not be responsible in any manner for the
authenticity of the personal information or sensitive personal
data or information supplied by the Users to Swati Rx or any
other person acting on behalf of Swati Rx.
-
The use of the Website involves every Users’ registration
information and browsing history being stored and submitted to
the appropriate authorities. The consent and procedure for
such collection and submission is provided in the Privacy
Policy. The other information collected by Swati Rx from Users
as part of the registration process is described in the
Privacy Policy. The consent and revocation procedures in
relation to the same are set out in the Privacy Policy.
-
The Users are responsible for maintaining the confidentiality
of the Users’ account access information and password. The
Users shall be responsible for all uses of the Users’ account
and password, whether or not authorized by the Users. The
Users shall immediately notify Swati Rx of any actual or
suspected unauthorized use of the Users’ account or password.
-
If a User provides any information that is untrue, inaccurate,
not current or incomplete (or becomes untrue, inaccurate, not
current or incomplete), or Swati Rx has reasonable grounds to
suspect that such information is untrue, inaccurate, not
current or incomplete, Swati Rx shall have the right to
suspend or terminate such account at its sole discretion.
-
Swati Rx may disclose or transfer User Information (as defined
in the Privacy Policy) to its affiliates in other countries,
and You hereby consent to such transfer. The SPI Rules only
permit Swati Rx to transfer sensitive personal data or
information including any information, to any other body
corporate or a person in India, or located in any other
country, that ensures the same level of data protection that
is adhered to by Swati Rx as provided for under the SPI Rules,
only if such transfer is necessary for the performance of the
lawful contract between Swati Rx or any person on its behalf
and the user or where the User has consented to data transfer.
-
By accepting these Terms of Use and by registering on the
Website, You consent to be contacted by Us and/or by our third
party service providers.You further consent to receive Calls,
emails and messages (SMS) notifications and information from
Us and from Third Party Service Providers including for
promotions, discount and/or other service delivery related
issues.
-
Payment, Fees and Taxes:
-
Registration on the Website and the access to the information
provided on the Website is free. Swati Rx does not charge any
fee for accessing, browsing and buying through the Website.
You agree to make all payments directly to the respective
Third Party Pharmacies for purchase of Pharmaceutical Goods
and Services from such Third Party Pharmacies and to the
Company in case of purchase of Pharmaceutical Goods and
Services directly from the Company. The Third Party Pharmacies
may choose to either personally collect such payment from You
or may use the services of collection agents duly appointed in
this regard. You agree and acknowledge that You shall not hold
Swati Rx responsible for any loss or damage caused to You
during the process, due to any acts or omission on the part of
third parties viz. the Third Party Pharmacies or the
collection agents or for any actions/ omissions which are
beyond the control of Swati Rx.
-
In relation to the diagnostic services being availed from the
Website, the User agrees to pay all package fees, consulting
fees and other fees applicable to the Third Party Labs for use
of such Services and the Third Party Labs shall not circumvent
the fee structure. The fee is dependent on the package that
the Third Party Labs purchase and not on actual usage of the
Services. In relation to the Users using the diagnostic
Services, the Users agree to make all payments directly to the
respective Third Party Labs for use of the diagnostic Services
from the Website. You agree and acknowledge that You shall not
hold Swati Rx responsible for any loss or damage caused to You
during the process, due to any acts or omission on the part of
the Third Party Labs’ any actions/ omissions which are beyond
the control of Swati Rx.
-
Each User / Third Party Service Providers are solely
responsible for payment of all taxes, legal compliances,
statutory registrations and reporting. Swati Rx is in no way
responsible for any of the taxes except for its own income
tax.
-
The subscription fees for the Services, if any charged by TATA
swatirx, could be paid online through the facility made on the
Website. Third parties support and services are required to
process online fee payment. Swati Rx is not responsible for
any loss or damage caused to User/ Third Party Service
Providers during this process as these third parties are
beyond the control of Swati Rx. The fees could also be paid
offline and be either collected personally from the User/
Third Party Service Providers or required to be mailed to TATA
swatirx at the following address of its Corporate office at Tata
swatirx Healthcare Solutions Private Limited, 5th Floor Tower –B
of The Presidency Building, 46/4 Mehrauli Gurgaon Road, Sector
14, Gurgaon, Haryana-122001, India.
-
All fees are exclusive of applicable taxes.
-
Swati Rx reserves the right to modify the fee structure by
providing on the Website which shall be considered as valid
and agreed communication.
-
In order to process the payments, Swati Rx might requires
details of User’s/ Third Party Service Providers’ bank
account, credit card number etc. Please check Our Privacy
Policy on how Swati Rx uses the confidential information
provided by Users.
-
Available payment methods: Wallets: Paytm, AmazonPay,
Mobikwik, AirtelMoney, Freecharge, OlaMoney, JIO Money,
PhonePe, MPESA UPI – BHIM and GooglePay. All debit and credit
cards. Cash on delivery for offline payments.
-
Applicable payment charges: No charges levied.
-
Details, including contact information of all payment service
providers: Paytm (https://paytm.com/care/ticket), AmazonPay
(https://www.amazonpay.in/contact), Mobikwik
(https://blog.mobikwik.com/contactus/), AirtelMoney
(https://www.airtel.in/personal/money/contact-us), Freecharge
(https://www.freecharge.in/contactus), OlaMoney
(https://www.olamoney.com/support/index.html), JIO Money
(https://www.jiomoney.com/contactus.html), PhonePe
(https://www.phonepe.com/contact-us/), MPESA UPI – BHIM
(https://www.bhimupi.org.in/get-touch) and GooglePay
(https://support.google.com/pay/india/gethelp).
-
Security details in relation to payment methods: API
integrated.
- Charge-back options: No.
-
Return, Refund, Cancellation and Shipping charges:
We offer return and refund on the products and Services ordered by
You on the Website which are subject to further terms and
conditions as detailed in the return, refund, cancellation and
shipping charges policy (“Return and Refund Policy”). The
Return and Refund Policy forms an
integral part of these Terms of Use and the Users are requested to
carefully read the same.
-
Covenants: (Covenanters for the purposes of these Terms of Use
shall include the Users and the Third Party Service
Providers)
-
Each Covenanter undertakes that it shall not do any act or
post, display, upload, modify, publish, transmit, update or
share any information that -
-
belongs to another person and to which the such Covenanter
does not have any right;
-
is grossly harmful, insulting or harassing on the basis of
gender, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another's privacy
including bodily privacy, hateful, racially or ethnically
objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise inconsistent with or
contrary to the laws in force;
-
infringes any patent, trademark, copyright or other
proprietary rights;
-
violates any law for the time being in force;
- impersonates another person;
- is harmful to child;
-
deceives or misleads the addressee about the origin of
such messages or knowingly and intentionally communicates
any information that is patently false or misleading in
nature but may reasonably be perceived as a fact;
-
contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer resource;
-
is prohibited under applicable law(s) for the time being
in force including Drugs Act read with the Drugs Rules,
the Drugs and Magic Act, the Indian Penal Code, 1860, as
amended from time to time and rules made there under;
-
is patently false and untrue, and is written or published
in any form, with the intent to mislead or harass a
person, entity or agency for financial gain or to cause
any injury to any person; and
-
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.
-
You are also prohibited from:
-
violating or attempting to violate the integrity or
security of the Website or any Swati Rx Content;
-
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
Swati Rx;
-
intentionally submitting on the Website any incomplete,
false or inaccurate information;
-
making any unsolicited communications to other
Covenanters;
-
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;
-
attempting to decipher, decompile, disassemble or reverse
engineer any part of the Website;
-
copying or duplicating in any manner any of the Swati Rx
Content or other information available from the Website;
and
-
framing or hotlinking or deeplinking any Swati Rx Content.
-
Swati Rx, 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 in this Clause 4, shall be entitled
to disable such information that is in contravention of this
Clause 4 or any provisions of these Terms of Use. Swati Rx
shall be entitled to preserve such information and associated
records for at least 90 (ninety) days for production to
governmental authorities for investigation purposes.
-
In case of non-compliance with any applicable law(s), rules or
regulations, or these Terms of Use or the Privacy Policy by a
Covenanter, Swati Rx has the right to immediately terminate
the access or usage rights of the Covenanter to the Services
and to remove noncompliant information.
-
Liability
-
Swati Rx shall not be responsible or liable in any manner to
the Users or any Third Party Service Providers (collectively
referred to as the “Other Parties”) for any losses,
damage, injuries or expenses incurred by Other Parties as a
result of any disclosures made by Swati Rx, where Other
Parties have consented to the making of such disclosures by
Swati Rx. If the Other Parties had revoked such consent under
the terms of the Privacy Policy, then Swati Rx shall not be
responsible or liable in any manner to the Other Parties for
any losses, damage, injuries or expenses incurred by the Other
Parties as a result of any disclosures made by Swati Rx prior
to its actual receipt of such revocation.
-
The Other Parties shall not hold Swati Rx responsible or
liable in any way for any disclosures by Swati Rx under
Regulation 6 of the SPI Rules.
-
The Services provided by Swati Rx or any of its licensors or
providers or Third Party Service Providers are provided ‘as
is’, as available, and without any warranties or conditions
(express or implied, including the implied warranties of
merchantability, accuracy, fitness for a particular purpose,
title and non-infringement, arising by statute or otherwise in
law or from a course of dealing or usage or trade). Swati Rx
does not provide or make any representations, warranties or
guarantees, express or implied about the Website or the
Services. Swati Rx does not verify any content or information
provided by the Other Parties on the Website and to the
fullest extent permitted by applicable law(s), disclaims all
liability arising out of the Other Parties’ use or reliance
upon the Website, the Services, the Swati Rx Content, Third
Party Contents, representations and warranties made by the
Other Parties on the Website or any loss arising out of the
manner in which the Services have been rendered.
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The Website may be linked to the website of third parties,
affiliates and business partners. Swati Rx has no control
over, and not liable or responsible for content, accuracy,
validity, reliability, quality of such websites or made
available by/through the Website. Inclusion of any link on the
Website does not imply that Swati Rx endorses the linked
website. Other Parties may use the links and these services at
their own risk.
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Swati Rx shall not be responsible for the mishaps/missed
services due to no service/no show from the Other Parties;
Swati Rx shall not be responsible for any error in any of the
services being provided by the Third Party Service Providers.
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Users accept and acknowledge that Swati Rx 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 goods/ products and services made
available on its Website by Third Party Service Providers,
including any guarantee or warrantee that such goods/ products
(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 Third Party Service Providers have legal title over the
goods/products being offered for sale by them on the Website.
Swati Rx 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 or services offered or
provided by the Third Party Service Providers.
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The Other Parties further accept and acknowledge that Swati Rx
does not verify any content or information provided by either
the Users or the Third Party Services/ or obtained from the
Users or the Third Party Service Providers, and to fullest
extent permitted by applicable law(s), disclaims all liability
arising out of the Other Parties’ use or reliance upon the
Website, the Services, the Swati Rx Content, Third Party
Content, representations and warranties made by the Other
Parties on the Website or any opinion or suggestion given or
expressed by Swati Rx or any Third Party Service Providers in
relation to any Services provided by Swati Rx.
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Swati Rx assumes no responsibility, and shall not be liable
for, any damages to, or viruses that may infect Other Parties’
equipment on account of the Other Parties’ 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 any of the Other Party is dissatisfied with the
Website, the sole remedy of such Other Party(s) is to
discontinue using the Website.
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The listing of Third Party Service Providers on the Website is
based on numerous factors including Users comments and
feedbacks. In no event shall the Protected Entities (as
defined herein below) be liable or responsible for the listing
order of Third Party Service Providers on the Website.
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To the maximum extent permitted by applicable law(s), TATA
swatirx, 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.
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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 Third Party Service
Provider to any User; or (ii) any comments or feedback given
by any of the Users in relation to the goods or services
provided by any Third Party Service Providers; or (ii) any
content posted, transmitted, exchanged or received by or on
behalf of any User, Third Party Service Providers or other
person on or through the Website.
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Swati Rx disclaims any liability in relation to the validity
of the medical advice provided by the Medical Experts and the
validity and legality of the e-prescription for dispensation
of medicines and conduct of diagnostic tests. All liabilities
arising out of any wrong diagnosis of medical condition by the
Medical Experts and/ or arising from the e-prescription will
be of the concerned Medical Expert. Further, all liabilities
arising out of any wrong diagnosis report by the Third Party
Labs and/ or arising from the wrong dispensation of the
Pharmaceutical Goods and Services will be of the concerned
Third Party Labs or the Third Party Pharmacies as the case may
be.
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The Users may share their previous medical history during
interaction with the Medical Experts. The Users undertake to
share such information at their own risk. Swati Rx reserves
the right to retain such information for the purpose of
providing Services to the Users.
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With respect to the Consultation Services, after selection of
the type of treatment viz. Homeopathy, Allopathy or Ayurveda
along with the specification of the disease by the patient,
Swati Rx will decide the Medical Expert to whom the query
should be directed based on the information shared by the
User. However, in no event the Protected Entities shall be
held liable for the losses attributable to such decision
making and in no event shall the Protected Entities be liable
for any Consultation provided and/or e-prescription issued by
the Medical Expert by using the interface of online medical
consultancy.
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The Users acknowledge that the Protected Entities merely act
in the capacity of facilitators between the Other Parties by
providing a platform for them to interact and transact. In no
event shall the Protected Entities be held liable for any of
the losses attributable to Services offered through the
Website.
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In no event shall the total aggregate liability of the
Protected Entities to any Other Parties 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 these Terms of
Use or any Other Parties’ use of the Website exceed an
aggregate amount of INR 1000/- (Indian Rupees One Thousand
only). Swati Rx accepts no liability for any errors or
omissions on behalf of the Other Parties.
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In no event shall the Protected Entities be liable for failure
on the part of the Users or Third Party Service Providers to
provide agreed services or to make himself/herself available
at the appointed time, cancellation or rescheduling of
appointments. In no event shall the Protected Entities be
liable for any comments or feedback given by any of the Users
in relation to the services provided by a Third Party Service
Providers.
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Indemnity
The Covenanters agree to defend, indemnify and hold harmless TATA
swatirx, the Protected Entities, 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) Covenanters access
to or use of Website; (b) Covenanters violation of these Terms of
Use or any applicable law(s); (c) Covenanters violation of any
rights of another person/ entity, including infringement of their
intellectual property rights; or (d) Covenanters conduct in
connection with the Website.
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Modification of Website
Swati Rx reserves the right to modify or discontinue, temporarily
or permanently, the Website or any features or portions thereof
without prior notice. Other Parties agree that Swati Rx will not
be liable for any modification, suspension or discontinuance of
the Website or any other part thereof.
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Intellectual property rights
All the intellectual property used on the Website except those
which have been identified as the intellectual properties of the
Other Parties shall remain the exclusive property of the Company.
The Other Parties agree not to circumvent, disable or otherwise
interfere with security related features of the Website or
features that prevent or restrict use or copying of any materials
or enforce limitations on use of the Website or the materials
therein. The materials on the Website or otherwise may not be
modified, copied, reproduced, distributed, republished,
downloaded, displayed, sold, compiled, posted or transmitted in
any form or by any means, including but not limited to,
electronic, mechanical, photocopying, recording or other means.
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Compliance of Applicable Law
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While communicating/ transacting with each other through the
Website, the Other Parties shall at all times ensure full
compliance with the applicable provisions of the Contract Act,
IT Act, IG Guidelines, Drugs Act read with the Drug Rules,
Drugs and Magic Act, The Indian Medical Council Act, 1956 read
with the Indian Medical Council Rules, 1957, Pharmacy Act,
Consumer Protection Act, 1986, SPI Rules, etc (“Captioned
Laws”). 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
Pharmaceutical Good and 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.
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The Users must also ensure that the prescription uploaded on
the Website or emailed to Swati Rx 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 Third Party Service Providers or to Swati Rx, as
a result of any dispensation of Prescription Drugs by the
Third Party Service Providers owing to the non-compliance by
the User in this regard.
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Termination (Parties for the Purpose of these Terms of Use shall
collectively mean the Other Parties and Swati Rx)
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The provisions of these Terms of Use shall continue to apply
until terminated by either of the Party as set for below:
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In case of Other Parties wanting to terminate these Terms
of Use, Other Parties may do so by:
- not accessing the Website; or
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closing their accounts for all of the Services that
they use.
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Swati Rx reserves the right to, at any time, and with or
without notice, terminate these Terms of Use against each
of the Users or the Third Party Service Providers or the
Other Parties as a whole, if there is:
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breach any of applicable law(s), including but not
limited to the Captioned Laws or the provisions of
these Terms of Use or the terms of the Privacy Policy
or any other terms, conditions, or policies that may
be applicable to the Other Parties from time to time
(or have acted in a manner that clearly shows that
Other Party(s) do not intend to, or are unable to,
comply with the same); or
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Swati Rx is unable to verify or authenticate any
information provided to Swati Rx by Other Party(s); or
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Swati Rx believes, in its sole discretion, that Other
Party(s) actions may cause legal liability for TATA
swatirx (or any of its affiliates, independent
contractors, service providers, consultants,
licensors, agents, and representatives) or are
contrary to the interests of the Website; or
-
Swati Rx is required to do so by law; or
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if Other Party(s) fail to provide (or after providing
such consent, later revoke) the consents necessary or
desirable for Swati Rx to provide the Services to the
Other Party(s); or
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The provision of the Services to the Other Party(s),
or to the general public, is in Swati Rx’s opinion, no
longer commercially viable; or
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Swati Rx has elected to discontinue, with or without
reason, access to the Website or the Services (or any
part thereof).
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Swati Rx may also terminate or suspend (temporarily or
permanently) all or a portion of Other Party(s) 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 Other Party(s) account
may include: (i) removal of access to all offerings within
the Website or with respect to the Services; and (ii)
barring Other Party(s) from further use or access of the
Website or of any of the Services.
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Once terminated or suspended (temporarily or permanently),
Other Party(s) may not continue to use the Website under
the same account, a different account or re-register under
a new account.
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Upon termination of these Terms of Use, Swati Rx shall
have no obligation to maintain or provide any of Other
Party(s) data and may thereafter, unless legally
prohibited, delete all of Other Party(s) data in its
systems or otherwise in its possession or under its
control, including but not limited to Other Party(s)
personal information, log-in ID and password, order
details (including any prescriptions uploaded) and all
related information, files and materials associated with
or inside Other Party(s) account (or any part thereof).
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Swati Rx reserves the right, at its sole discretion, to
pursue all of its legal remedies, including but not
limited to deletion of the Other Party(s) content from the
Website with or without ability to access the Website and
the other Services, upon any breach by the Other Party(s)
of these Terms of Use or if Swati Rx is unable to verify
or authenticate any information the Other Party(s) submits
to Swati Rx, or if the Other Party(s) fail to provide (or
after providing such consent, later revokes) the consents
necessary or desirable for Swati Rx to provide the
Services to the Other Party(s).
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The right to terminate/ suspend the account is in addition
to, and without prejudice to, Swati Rx’s right to initiate
action against the Other Party(s), in accordance with
applicable law.
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Force Majeure
Other Parties accept and acknowledge that Swati Rx 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 (which are not caused due to the fault of Swati Rx or the
Third Party Service Providers), or any other delay or default or
deficiency or failure which arises from causes beyond Swati Rx’s
reasonable control (“Force Majeure Event”). In the event of
any Force Majeure Event arising, Swati Rx, depending on whose
performance has been impacted under the Terms of Use, shall
immediately give notice to the Other Party(s) of the facts which
constitute the Force Majeure Event.Further, delivery time periods
specified on Website shall always be nonbinding under all
circumstances as delivery is dependent on multiple factors that
can assume uncertainty at any moment for unforeseen reasons beyond
Company’s control.
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Governing Law and Dispute Resolution
These Terms of Use and any contractual obligation between the
Parties will be governed by the laws of India, without reference
to the conflict of laws principles. Any legal action or proceeding
related to Other Party(s) access to, or use of, the Website or
these Terms of Use shall be subject to the exclusive jurisdiction
of the courts at New Delhi. All disputes will be subject to
arbitration at New Delhi in English by a sole arbitrator appointed
by Swati Rx under the Arbitration and Conciliation Act, 1996.
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Survival
Even after termination, certain obligations mentioned under
Covenants, Liability, Indemnity, Intellectual Property, Dispute
Resolution will continue and survive termination.
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Severability
If any provision of these Terms of Use is deemed invalid,
unlawful, void or for any other reason unenforceable, then that
provision shall be deemed severable from these Terms of Use and
shall not affect the validity and enforceability of any of the
remaining provisions.
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Waiver
No provision of these Terms of Use shall be deemed to be waived
and no breach excused, unless such waiver or consent shall be in
writing and signed by Swati Rx. Any consent by Swati Rx to, or a waiver by
Swati Rx of any breach by Other Parties, whether expressed or implied,
shall not constitute consent to, waiver of, or excuse for any
other different or subsequent breach.
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Headings
The headings and subheadings herein are included for convenience
and identification only and are not intended to describe,
interpret, define or limit the scope, extent or intent of these
Terms of Use.
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Contact Information
If any Other Party(s) has any grievance, comment, question or
suggestion regarding any of our Services, please contact our
customer service at
info@swatirx.com. If
any Other Party(s) has any questions concerning Swati Rx, the Website,
these Terms of Use, or anything related to any of the foregoing,
Swati Rx can be reached at the following email address -
info@swatirx.com or
via the contact information available from the following :
Contact us.
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Account Deletion
Deleting an account is a permanent action and cannot be reversed. In case you want to use Swati Rx services again, you will need to create a new account which will have no previous order history. In order to delete your account, please download the app and follow these steps : Go to Need Help -> Profile -> How do I delete my account -> Account deletion.