GENERAL an internet-based portal and “organicchcems”, a mobile application, (hereinafter together be referred to as “Website”) is run, operated and maintained by Axelia Solutions Private Limited (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013, having its registered address at Office No. E1-509, 5th Floor, Kailas Esplanade Premises Co-op Society Ltd, LBS Road, Ghatkopar usa, 400086.

For the purpose of these Terms, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who accesses, uses or subscribes to our Website, agrees to become a buyer on the Website or avails or offers to avail any of our services.

Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s).

The Company reserves the right to change or modify these Terms or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and 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 within such timelines as may be specified under the applicable laws. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms and conditions that apply to Your use of the Website.

By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely by browsing the Website, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, the Website’s Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in USA 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.

Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to deliver any Products or provide any Services purchased by You in locations outside USA. If you access our services from locations outside USA, you do so at your own risk and you are solely liable for compliance with applicable local laws. The User agrees to use the service to authorise an individual and get the products from the third party on his/her behalf. Where you use any third-party website or the products or services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies.

The Website is a platform that facilitates, as an intermediary, the online requisition by the User for purchase of medicines and wellness / health related products and services offered by Company’s various registered third-party/ies (third parties shall for the purpose of this Terms, include without limitation, third party retail pharmacies, third-party labs et al) (“Products and Services”). The sale & purchase / transaction between the registered third parties and You, of Products and Services, facilitated by the requisition placed by You on the Website shall be governed by these Terms. Company is not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between You and the third parties.

Technology Platform for Pharmaceutical Products –
The Website facilitates the purchase of drugs and other pharmaceutical products, nutraceutical products and services (which shall also include Over the Counter (OTC) and wellness products) offered by third-party retail pharmacies (“Retail Pharmacies”). The Company and the Website merely provide hosting and technology intermediary services to You and persons browsing/ visiting the Website. All items offered for sale on the Website, and content (including product descriptions, images and the like) made available by the Retail Pharmacies, are third party content and describe third-party products and services. The Company has no control over such third-party user generated content, Products or 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, accuracy or genuineness of the Products and Services made available by the Retail Pharmacies through the Website shall be the sole responsibility of the Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Products and Services being facilitated through the Website. The Company does not take any representation or warranty as to legal title of the Products and Services offered for sale by the Retail Pharmacies on the Website. The right, title, claim or interest in the products sold through the Website shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Website.

The Company is not responsible for delayed performance, non-performance or breach of contract entered into between You and the third-party for purchase and sale of goods or services offered by such Retail Pharmacies on the Website; The Company gives no guarantee that the concerned Retail Pharmacies will perform any transaction concluded on the Website. The Company is not responsible for the Products 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. Content: You agree and acknowledge that the respective Retail 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. The content available on the Website, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the Retail Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, the Company shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Products and Services. Also, You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity or accuracy of the information provided on the Website and You must do Your own check. The ranking of goods and services as provided on the Platform are determined after collection of rating and feedback from the User, and the Company shall not be in any manner held responsible for accuracy of the same. If Retail Pharmacies or Users find any wrong information on the Website in relation to such Retail Pharmacy, Products or Services, they may contact the Company immediately for such corrections. The Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third parties.

Prescription Drugs:
In order to purchase drugs and pharmaceutical products that require a valid prescription, You are required to upload a scanned copy of the valid prescription on the Website. The Retail Pharmacies, with respect to any drugs or pharmaceutical products, may dispense only those quantities as are specified in the prescription. Retail Pharmacies will verify the prescription forwarded by You and in case of any discrepancy observed by the Retail Pharmacies, the order may be cancelled by the Retail Pharmacies. The delivery of your order is not in the Company’s control and the Company shall not be responsible for any delay.

Suggestion Of Alternate Of Prescribed Drugs:
You acknowledge and accept that as per the extent applicable laws within the territory of India the order for an alternate prescription drug would only be processed if: (i) a registered medical practitioner has permitted /approved/provided consent for any such other equivalent generic drug containing similar or substantially similar composition as the prescribed drug, to be dispensed in place of the prescription drug; (ii) or if the prescription lists the active pharma ingredient/salt names instead of a specific brand name, in which case also, dispensation of such drug shall be certified and approved by a registered medical practitioner, and (iii) You shall have provided Your consent in respect of such substitution of the prescribed drug.

In the event of an invalid prescription or unavailability of the prescription drug, (i) You may avail online tele-consultancy with registered medical practitioners through our partner platform Docstat, wherein the registered medical practitioner shall prescribe an alternate by replacing the original prescription; or (ii) a third party registered pharmacist shall place a call on Your registered mobile number, whereby an alternate drug is suggested, and after such alternate drug being confirmed and vetted by third party registered medical practitioners associated with the Platform (through Docstat) by way of a validated prescription, and thereafter dispensed accordingly. A prescription for such alternate drug may be made available to You at Your request. Any and all alternate prescription drugs are dispensed only on receiving consent from You. All online and tele-consultation provided by the third-party registered medical practitioner shall be through a secured recorded line. You further agree and acknowledge that any exchange (including but not limited to e-prescriptions) between the third party registered medical practitioners, pharmacists and You over telephone shall be recorded and preserved in the database of the Company for quality, assurance, monitoring, verification of compliance with applicable laws and value addition purposes; and the Company, the Platform, the third party registered medical practitioners and pharmacists shall have access to the same. All such exchange of information shall be utilised and processed strictly in accordance with the Privacy Policy made available on the Platform.

Invitation to offer for sale:
The listing of drugs and other pharmaceutical products on the Website by the Retail 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 Retail Pharmacies (“Offer”). Post the Offer to the Retail Pharmacies, the Company shall send an email to You with the information on the Offer along with the details of the concerned Retail 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 Retail Pharmacy(s) after the validation/ verification of the prescription by such Retail Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Retail 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. It is hereby clarified that any reference of the term ‘offer/ offered for sale by the Retail Pharmacy(s), as appearing in these Terms, shall be construed solely as an ‘invitation to offer for sale’ by any such Retail Pharmacy(s).

Transfer of Property and Completion of Sale:
Upon acceptance of the Offer by the concerned Retail Pharmacies (being the brick-and-mortar pharmacy), the Products 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 Retail Pharmacy, wherever required under the applicable law(s). You agree and acknowledge that the property and title in the Products and Services ordered by You shall stand immediately transferred to You upon the dispensation of Products and Services and the raising of the invoice at the concerned Retail Pharmacies. Accordingly, the sale of Products and Services is concluded at the concerned Retail Pharmacy itself. The invoice in relation to the Products and Services, that are required to be delivered to You shall be issued by the concerned Retail Pharmacy (being the brick-and-mortar pharmacy) which is to process and satisfy the order for such Products and Services.

Drugs Delivery:
The Products and Services shall be delivered by the Retail Pharmacies or independent contractors. You accept and acknowledge that the courier/ delivery personnel, engaged by the Retail Pharmacies or the Company, shall be Your Agent for the delivery of the Products and Services from the concerned Retail Pharmacies to the address notified by You, with no control over the Products and Services and no additional obligation apart from standard delivery obligations and duty of care. You further agree and acknowledge that such courier/ delivery personnel acts as Your agent for collecting the medicines from the Retail Pharmacy. The services are being undertaken by Your Agent with Your consent and therefore the Company is merely facilitating this, and will have no liability or responsibility in this regard.

Diagnostics Services:
The Company as a marketplace facilitates Users to avail diagnostic test/ package facilities offered by third-party operated labs (“Labs”) through (i) the third party’s tab or (ii) the ‘PharmEasy Labs’ tab on its Website. Labs are responsible for providing services (including allied services such as sample collection, conducting tests, generating reports, etc) to the Users in regards to the diagnostic test/ package facilities availed by them through the Website. Further, the Company shall in no event be responsible for services (including allied services such as the sample collection, conducting tests, generating reports etc) provided. The Company only provides facilitation services to the Users of the Website. User and the Labs agree to use of the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.

Notwithstanding anything to the contrary contained herein, Labs alone shall be liable for Labs’ dealings and interaction with the Users who avail the services of the Labs or diagnostic centres contacted or managed through the Website and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Labs or any diagnostic centre or any third party through the Website. The Company may, at its sole discretion, suspend Labs’ or Users’ ability to use or access the Website at any time while the Company investigates complaints or alleged violations of these Terms, or for any other reason. The Company has the right to edit profiles of Labs to make them more suitable for package searches on the Website. If Labs and/ or Users find any wrong information on the Website in relation to such Labs and/or User, they may contact the Company immediately for such corrections. The Company shall have no liability or responsibility in this regard.

Online Doctor Consultancy:
The Company facilitates provision of healthcare products and services to the Users. The words “Your Physician” or “Your Doctor” or “Healthcare Provider” or similar words on the Website, shall mean any registered medical practitioner (RMPs) with whom the User has a doctor-patient relationship. Any consultation services availed through the Website are fulfilled by third party RMPs made available through third party service provider Docstat. These third party RMPs are not related to the Company but merely provide their services to You with Your consent. The Company hereby explicitly states that it does not provide any kind of telemedical consultation to its Users/You. You acknowledge that the content, text, data, graphics, images, information, suggestions, guidance, blogs, information and other materials that is provided to You on the Website should be used for information purposes only and do not constitute medical advice and should not be relied upon as a substitute for sound professional medical advice, evaluation or care from a doctor except for any advice, information or direction obtained by You directly from Your Doctor. You agree and acknowledge that the third party RMPs (as available through third party service providers) are independent contractors, whose services are being availed by You upon Your implied/ explicit consent and hence, the Company, in no event, shall be directly or vicariously liable for any advice, medical consultancy or any other loss arising pursuant to Your engagement with such third party RMPs. Your reliance on such third party RMPs is solely Your responsibility and at Your sole discretion, and the Company assumes no responsibility and/or liability in relation to Your consultation/communication with such third party RMPs, including but not limited to the quality of services offered by such third party RMPs, which shall at all times be at Your sole risk and responsibility. In the event of any non-compliance or malpractice by any such third party RMPs, You affirm that You will bring to our immediate attention, any such incidence, for us to take necessary actions required under applicable laws and raise it with the third-party service providers. Further, You affirm that You shall not take any action against the Company for any acts (or omission) of the RMPs.
You agree and acknowledge that any e-prescription issued pursuant to any online consultancy service as availed by You, shall be issued by Your Doctor and in compliance with applicable laws of India. Where such prescription is not constituted as a valid prescription, the same would not be used for dispensation of medicines by any pharmacist including the Retail Pharmacies. We only act as an intermediary; and in the event You request Us to enable the processing of the e-prescription or any form thereof (whether original or scanned copy of the original prescription) and We 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 Retail Pharmacies supplying the medicines to You. Reliance on any information provided on the Website is solely at Your own risk. You should follow the advice of Your Doctor at all times. The services are not for use in medical emergencies or for critical health situations and may not be the best solution where a face-to-face consultation is required. Your sole discretion shall apply in such cases. In case of any medical emergency, You should call Your nearest doctor/hospital or any related helpline and seek immediate medical assistance without any delay and should under no circumstances, delay seeking advice from Your nearest doctor/hospital on account of something that You may have heard/viewed on the Website.

Further, it is Your responsibility for ensuring that the information submitted is accurate and the Company shall not make any effort to validate any information provided by You for using the services. The opinions, statements, consultation via digital mode provided by the third party RMPs shall not reflect the opinions of the Company, its affiliates etc. The Company 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 the Company employees. The Company is not responsible for transmission errors and corruption of data.

Patient Support Program (PSP or Program):
The Company provides services through the Platform and facilitates the Users to avail personalized health condition or disease management support (“Program”) through the third-party experts associated with us including registered medical practitioners, nutritionists or any other specialists or professionals (“Professionals”). The Program is designed with the objective of providing holistic health condition or disease management support to the Users through the Professionals which shall help the Users in enhancing their well-being. The Program may include with certain limitations diagnostics tests, counselling sessions, teleconsultations with third-party RMPs, and other health coaches such as nutritionists, psychologists, fitness coaches amongst others. All educational content that is being created with the clinical oversight of the Professionals and experts empanelled with us (collectively referred to as “Medical Experts”). The opinions, statements, answers, and tele-consultations (collectively referred to as “Consultation”) provided by the Professionals through the Platform are solely the individual and independent opinions and statements of such Professionals or Medical Experts and do not reflect the opinions of the Company or its affiliates.

The company may connect You with Professionals who may be suitable to deliver the health care that You are seeking based on information that You provide to us. However, the Company in no event recommends or endorses any specific tests, physicians, products, procedures, opinions, or other information that may be provided by the Professional and the Company bears no responsibility or liability for the correctness and genuineness of any such advice provided by the Professional, and the Professional shall solely be responsible and liable for the same.

The Services should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Platform are provided on ‘as is’ or ‘as available’ basis for guidance purposes only, without any warranties, representations, and conditions. Therefore, You are free to confirm the advice rendered through this service on the Platform with Your Doctor. The Consultations provided through the Platform are not diagnostic in nature and are merely being offered to support User’s management of an existing health condition. The exchanges between the Professionals and the User may occur vide any mode including a chat window, telephonically or via SMS or email (as the case maybe), and such records may be accessed by the Company for quality control and support related purposes and are dealt with in accordance with the terms of the Privacy Policy. Further, the purpose of maintaining such records and Your consent regarding the retention of such data will be recorded before You sign up for the Program, and the information provided by You or the information generated as a result of the Program shall be stored, used, and secured as per the terms provided in the Company’s Privacy Policy. In case You choose to not provide Your consent to recording Your calls, or chat content that may have personal information required for the Program purposes, the Company reserves the right to not facilitate the Services for which such personal information is sought. Please see our Privacy Policy page, for more information on storage, use, and protection of sensitive data and personal information that may be included in prescriptions, or consultations.

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