Welcome to chemistsmart.com (“Chemistsmart.com", “Chemists mart", "Website", "Pharmacy", ”App”, or "we"). This Website/App is owned and operated by Hygiea Salubrity Private Limited, whose registered office is in Delhi, India.
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain name https://www.chemistsmart.com/ (hereinafter referred to as ‘Website’) and the Mobile Application Chemists Mart (hereinafter referred to as ‘App’) bearing the registered address at No. G 36, First Floor main Market Road, Green park Main, New Delhi 110016, India and its Corporate Office at A -32, HIG, Sanjay Nagar, Sector 23, Ghaziabad 201002, India (hereinafter referred to as ‘Company’).
For the purpose of these Terms of Service, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person who has downloaded and installed this Mobile Application (hereinafter referred to as ‘App’) and provided Registration Data while registering on the App or by simply visiting the Website by entering the domain name in any internet browser. Any services provided by the Website/App which do not require registration do not absolve you of the contractual relationship established by this Agreement.
Wherever the context requires, the term ‘Doctor/registered medical practitioners’ shall mean any person permitted to practice medicine by the MCI (Medical Council of India) or any regional council for registration of Doctor/registered medical practitioners duly authorized by the government who will be verified and authenticated by us.
By downloading and installing this App, you are bound by these Terms of Service and any other binding document as decided by the Company. You are requested to read them carefully before accepting the same and moving forward to using the App/Website.
By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.chemistsmart.com, you are deemed to have agreed to all the following Terms and Conditions of Sale/Service. So, before you use this Website/App, please read these Terms carefully as you agree to be bound by them. If you do not accept these Terms and Conditions, please do not use this App/Website.
1.CREATING AN ACCOUNT:
1.2 You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.
1.3 The information and other details of patient other than yourself, whenever provided by you to chemistsmart.com/app will be deemed by chemists mart as that you are fully authorised by the patient to do so. You will be solely responsible for the disclosure of personal information of patient other than yourself, to the chemists mart.
1.4 Your Chemists mart Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Chemists mart Account.
1.5 Chemists mart.com will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your Chemists mart account, you shall immediately notify Chemistsmart.com.
1.6 It is your responsibility to keep your email address up-to-date on your account setup at Chemistsmart.com/app so that we can communicate with you electronically.
1.7 By creating this account you agree to receive communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.
2.2 We understand the privacy of all information you provide is of a primary importance. This is why we do everything possible to use it carefully and sensibly. This information is never shared with other companies or third party service providers.
To improve the responsiveness of the sites for our users, we may use "cookies", or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user's individual interests using the Identified Computer. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply (an example of this is when you ask for our Personalised Horoscope). A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control.
Our web servers automatically collect limited information about your computer's connection to the Internet, including your IP address, when you visit our site. (Your IP address is a number that lets computers attached to the Internet know where to send you data -- such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, to measure traffic within our site and let advertisers know the geographic locations from where our visitors come.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under other agreements, contracts and policies followed by us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.
All your transactions are secure when you place an order online at Chemistsmart.com. Your personal information is encrypted by using 256-bit Secure Sockets Layer (SSL) encryption technology before being sent over the Internet, which ensures the privacy and high level of security of all your information.
6. CUSTOMER MEMBERSHIP/USAGE/ELIGIBILITY:
The membership/usage of the Website/App is restricted to those above 18 years of age, or to such group that can be termed to have attained 'majority' under the laws of the respective jurisdictions where this Website/App can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.
Further, you are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the Company has reasonable reasons to believe you have done so, we hold the rights to suspend your account and/or terminate this Agreement without any notice and without being held liable for the same.
You understand the App downloaded/or the website you use on to your phone or tablet is owned by us and we may automatically upgrade the App/website and these Terms shall apply to the upgrades as well. We reserve the right to terminate this agreement without any notice and suspend the account without assigning any reason.
7. PRICE AND PAYMENT:
The installation and use of this Website/App is free of cost and this includes only the usage of certain services of the Website/App. You hereby understand that this no charge policy maybe amended at anytime at the discretion of the Company.
For the purpose of this section, Buyer would include any user choosing to use the services offered on our App/Website. Seller means Us/Website/App/Company.
While availing any of the payment methods available on the App/Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by you and between ‘Bank(s)’, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
All payments made against the services on the App by you shall be compulsorily in Indian Rupees. The Website/App will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website/App.
7.1 All our product prices include all applicable statutory taxes.
7.2 We make every effort to make sure that the pricing and availability of Products on our Website/App is accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale.
7.3 We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
7.4 Following are Chemistsmart.com delivery charges, which are based on the order value.
|Product Category||Bill Amount||Handling And Delivery Charges|
|Jan Aushadhi/BPPI||Any||Rs. 50|
|All other||Less than 500||Rs. 50|
|All others||More than 500||FREE|
|Cash On delivery charges||Any||Rs. 50|
There will be flat 50 Rs. Handling and delivery charges on all orders of Jan Aushadhi/BPPI products, even if there is a single products of BPPI with few others. If order contain products by other manufacturers then, if the order value is less than 500 Rs. There will be handling delivery charges of Rs 50.
There will be flat Cash on delivery charge of Rs 50 on all COD orders, irrespective of bill amount and manufacturer company.
Delivery times may vary depending on the delivery location as well as the type of product you order. Jan Aushadhi products usually takes 1-2 days extra.
Note: Delivery charges quoted above are applicable on ALL Orders at Chemistsmart.com.
7.5 Delivery times may vary depending on the delivery location as well as the type of product you order.
7.6 You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or E-wallet only. We follow strictly no cash policy.
7.7 Credit/Debit Card and Net Banking Payments are processed via our online payment service partners.
8. USE OF INFORMATION ON THE WEBSITE/APP:
8.1 The information on this Website/App is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice from qualified healthcare professional with any questions you may have about your medical condition.
8.2 Chemistsmart.com does not endorse any views or opinions that may be included in the Website/App Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and Chemistsmart.com.
9. THIRD PARTY INFORMATION:
The content on the Website/App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’). The Website/App may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as we are merely an intermediary for the purposes of those content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and we shall not be liable. You may send as an email at [email protected] to report any such content.
Other than that when expressly allowed, any use of our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
10. USER OBLIGATIONS:
You are a restricted user of this Website/App.
10.1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, transfer, or sell any information or software obtained from the Website/App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted. You shall not, nor allow third parties on your behalf to (i) make and distribute copies of the Website/App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website/App; or (iii) create derivative works of the Website/App of any kind whatsoever.
10.2. You agree not to access (or attempt to access) the App and/or the materials or Services by any means other than through the interface that is provided by the Website/App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App. You acknowledge and agree that by accessing or using the Website/App or Services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App. Further, you may report such offensive content by sending us an e-mail to our official e-mail address.
10.3. This Website/App by nature allows you to upload information; you undertake to ensure that such material is in accordance with applicable laws. Further, you undertake not to:
- Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App);
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another's computer;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of the Website/App, including any account not owned by you, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Website/App;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Use the Website/App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website/App contained herein or elsewhere;
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
While we shall not be held liable or answerable to Users for any such acts on your part, violation of this clause would lead to potential criminal legal action against you, either by other Users of the Website/App or by us.
We can (and You hereby expressly authorize Us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation, to monitor the material posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the App. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
11.1 All information, Products and services included on or otherwise made available to you through this Website/App are provided by Chemistsmart.com on an "as is" and "as available" basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website/App is at your sole risk.
11.2 Chemistsmart.com assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.
11.3 Chemistsmart.com has exerted reasonable efforts to ensure that all information published on the Website/App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/App at our sole discretion.
11.4 Chemistsmart.com cannot guarantee the adequacy, currency or completeness of the Website/App content. Chemistsmart.com does not warrant or endorse the effectiveness, quality or safety of the Products available on its Website/App.
11.5 We disclaim responsibility for any harm to persons resulting from any instructions or Products referred to in the Website/App. Chemistsmart.com is not associated with any manufacturer of medicines or other products on the Website/App. We do not warrant that the Website/App, or its content will meet your requirements.
11.6 Please note that while Chemistsmart has made every effort to accurately display the colours of products on its Website/App, the actual colour you see will depend on your monitor. We cannot guarantee that your monitor's display of any colour will be the same as the colour of the Products delivered to you.
11.8 Chemistsmart.com accepts no responsibility for any loss or damage suffered due to your reliance on the product reviews posted by the Chemistsmart Users.
11.9 Chemistsmart.com reserves the right to modify or withdraw any part of the website/App or any of its content at any time without notice.
12. LINKS TO THIRD-PARTY WEBSITES:
We provide link to third-party websites, our online payment service partners, which process your Net Banking and Credit/Debit Card payments, respectively. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such Website link.
13. TERMS OF SALE:
13.1 Chemistsmart.com may accept or decline any order placed by a Customer in its absolute discretion without liability to you.
13.2 Chemistsmart.com reserves the right to discontinue any program or offer on its Website/App.
13.3 We reserve the right, without prior notice, to limit the order quantity of any Products available on chemistsmart.com.
13.4 Before you place the order for the alternate brand of a product, you must confirm it with the prescribing doctor that the generic alternative of that product is suitable for the patient.
13.5 While ordering the Non prescription products, it is YOUR responsibility to check the contents and the strength of the ingredients of the alternate brand. You should confirm before ordering that the ingredient of brand you are looking for are same as that of the alternate brand which you want to order.
13.6 We acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by the Pharmacy Chemistsmart and/or its affiliates. You confirm that you have had a physical examination by a physician and do not require a physical examination.
13.7 You understand that all Products shall be sold & dispensed by a registered Pharmacist at Chemistsmart and/or its affiliates. PMJAY products are sold by registered PMJAY pharmacies only.
13.8 If you are the patient/parent/authorised person on behalf of the patient, you authorise and appoint the Pharmacy Chemistsmart and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent the Pharmacy; and (b) packaging your prescriptions and delivering them to you. By making this purchase you hereby authorise Chemistsmart and/or its affiliates to ship the order by Post/courier to your designated location. This authorisation shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfilment of your order. "YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES."
13.9 "If you are the parent/legal guardian/authorised person for the patient disclosed herein, you affirm that you are over the age of majority, and have full authority to sign for and provide the above representations to the Pharmacy Chemistsmart and/or its affiliates on the Patient's behalf."
14. PRESCRIPTION MEDICATION POLICY:
14.1 chemistsmart.com is web platform of Hygiea salubrity Private Limited which is a licensed and regulated pharmacy. We takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
14.2 Chemistsmart.com will not dispense any prescription medication without a valid prescription from a licensed physician.
14.3 If you are ordering prescription medication(s), you hereby confirm that you will send us a scanned copy of your valid prescription(s) by uploading on website/app or via email, Whatsapp, and this prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacists.
14.4 If our pharmacists have any questions or concerns about the prescription(s) you hereby authorize them to consult with an external network of doctors about the validity of the prescription.
14.5 Our pharmacists will check and match the content of Prescription medication brand with the brand ordered by you. They should match exactly. If there is any discrepancy in the medicine prescribed with the one ordered by you, your order may be cancelled. The pharmacist will match contents only of the Prescription Medicines and not of the Non prescription products. However the uses of non prescription products ordered by you is matched by chemistmart. The contents of Non prescription products must be matched by yourself before ordering.
14.6 The drug information provided in the Chemistsmart.com is for informative purposes only and this Website/App is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website/App.
14.7 Chemistsmart requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from Chemistsmart.com.
15. CASH BACK AND DISCOUNT COUPAN POLICY
- The cash back amount will be provided only on the bill amount of more than 200 Rupees on products other than that of PMJAY.
- There will be no discount or cash back applicable on PMJAY product. Neither the cash back will be provided on purchase of PMJAY products, nor the wallet cash amount can be used on purchasing further PMJAY products.
- The Cash back amount will expire after 30 days from the day it was earned.
- The cash back and discount will be applicable only on products other than PMJAY medicines. It will be 10% of the amount paid for other products only and not the bill value.
- The wallet cash amount can be used in purchasing products other than PMJAY. It can only be used only up to the 10% of order value of products other than PMJAY.
- The wallet cash amount need to be used within six months from the date it was provided to user by chemists mart.
- A particular discount coupon can be used only once in a user account.
- If discount coupon is applied then cash back will not provided to customer.
16. REFUND POLICY
Chemists mart team facilitates processing of correct medicines and their alternative brands as per order and prescription and strives to service the medicines and products in right conditions/ without any damage. We recommend that the customer must confirm before placing the order, with the prescribing doctors whether the generic version of the medicine brand prescribed are suitable for the patient or not. We also strongly recommend that all the items are checked at the time of delivery.
One can raise return request in case if there are technical glitches or lapses. We assure to process a full refund for the orders returned under the below-pondered conditions:
- If a product(s) received do not match to the order placed at https://www.chemistsmart.com
- If a delivered product(s) is exceeding its expiry date or will be reaching its expiry in next 3 months at the time of delivery.
- If a damaged or defective product(s) is delivered at a time of delivery.
- If the content (API) of a PRESCRIPTION DRUG’S BRAND and alternate brand ordered by user are different.
Note: Do not accept delivery if items are damaged, we will initiate a refund or replacement only if possible. Although a similar step shall be taken if you found defective medicines after unwrapping a package, we cannot promise replacement for all cases. We're pleased to assist you & resolve your queries under all circumstances defined above. Customers can simply approach our active customer support team to raise a refund or return request after considering aforesaid conditions within 7 days from delivery. Our backend team will respond to your queries & process your request. Once our team confirms that relevancy & authenticity of a request, return & refund shall be progressed immediately for customers' assistance. Chemists Mart solely holds rights to cancel a return request due to certain reasons specifically if it doesn't qualify our 7-day return request policy right from the delivery period. Any type of unjustified & false complaints against our services & product quality will eventually authorise us to take legal actions.
We're pleased to assist you & resolve your queries under all circumstances defined above. Customers can simply approach our active customer support team to raise a refund or return request after considering aforesaid conditions within 7 days from delivery. Our backend team will respond to your queries & process your request.
Once our team confirms that relevancy & authenticity of a request, return & refund shall be progressed immediately for customers' assistance. Chemists Mart solely holds rights to cancel a return request due to certain reasons specifically if it doesn't qualify our 7-day return request policy right from the delivery period.
Any type of unjustified & false complaints against our services & product quality will eventually authorise us to take legal actions.
Our considerations for return policy circumscribe:
- A return shall not be accepted if a wrong product is ordered from customers' end.
- The Batch number mentioned on the invoice must match to a product(s) being returned.
- Make sure to sent back the order to be returned with the same packaging box, way bill, & product enclosed in it.
- Return requests made due to prescription changes will not be accepted.
- Used or partially consumed tablets & strips, or opened bottle/sachet etc. cannot be returned.
- Only items with original packaging from manufacturer qualify for return.
Non-returnable product category: Categories enlisting the medicines & medical equipment that cannot be returned & are marked as non-returnable products as per our policy.
|Categories||Type of Products|
|Child Care, Women Health Care||Hygiene Care products|
|Diabetic Care Products||Glucometer lancet|
|Sexual wellness||Formulation to increase male sex stamina, Condoms|
- In order to raise a ticket for your concerned request for return please press the return button in your orders detail within 7 days of delivery or you can contact our customer support executives at +919667775929 between 9 AM to 6:00 PM within 7 days from delivery.
- For further assistance or information on return request, it is requested to drop an email at [email protected]
- Do mention your query, reason for return, & other additional details regarding your order. Feel free to define your inconvenience.
- The Chemists mart team will verify refund claim within 72 hours business hours from date of receiving the claim.
- Once the claim is found to be genuine, the customer will be required to return the products by courier to Chemists mart. Please also send copy of courier bill by Email.
- The customer is also required to pack the products in original packing with way bill.
- The refund will be completed with 30 days from the receive of return products by chemists mart. The amount paid by customer on purchasing the products will be credited back into the account from which customer paid the amount.
- The amount spent on returning the products by customer will be credited into the wallet of customer which can be utilised in next purchase on chemists mart.
17. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS:
17.1 As per the Terms and Conditions of Chemistsmart.com, the Website/App grants access to Users/Customers to view the content solely for visiting, ordering, and communicating only. All materials in this Website/App, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Website/App are copyrights and/or other intellectual properties owned by Chemistsmart.
17.2 You hereby agree that you will not reproduce, copy the content of Chemistsmart.com for any purpose, unless you have been specifically permitted to do so in a separate agreement with this Website/App.
18. USER INDEMNIFICATION:
You hereby agree to indemnify, defend, hold harmless Chemistsmart.com and its directors, employees, agents, partners, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defences.
19.COMPLIANCE WITH LAWS:
The User of the Website/App shall comply with all the applicable laws including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website/App.
20. DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE/APP, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/APP IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:
- YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE TIMELY, SECURE OR ERROR-FREE;
- MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- ANY ERRORS OR DEFECTS IN THE WEBSITE/APP, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/APP IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.
21. INDEMNIFICATION AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OR OUR DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/APP, SERVICES OR MATERIALS. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree that Chemistsmart.com, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the Website/App, at any time. You agree that any termination of your access to the Website/App or suspension of your account may be effected without prior notice, and you agree that Chemistsmart.com shall not be liable to you for any such action. Your right to use the Chemistsmart Website/App /Service immediately ceases upon termination of your access/use of the Website/App.
23. CHANGES TO THESE TERMS AND CONDITIONS:
We reserve the right to amend these terms and conditions from time to time without further notice to you. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the Website/App. It is your responsibility to review the Chemistsmart.com Terms and Conditions regularly. Your continued use of the Website/App following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.
We may change, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires us or any of their assets.
We hereby reserve the right to block usage of the Website/App if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.
25. Grievance Redressal
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to "Grievance Officer".
Ms Neha Tomar (Grievance Officer)
Email: [email protected]