Terms & Condition Policy

This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of www.shudhawellness.com website and its web view mobile applications.

General

1. GENERAL www.sudhawellness.com an internet-based portal and “sudhawellness”, a web view apps, (hereinafter together be referred to as “Website") is run, operated and maintained by Sudha Wellness 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 Sudha Wellness Private Limited in Jharkhand, Dhanbad. 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 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. 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 India. If you access our services from locations outside India, 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.

2. PRODUCTS AND SERVICES 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.