About Healkit Website
1. The domain name www.healkit.in, an online portal, is owned and operated by Nesba Healthcare Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Healkit” or “We” or “Our” or “Us”). The domain name and the mobile application are collectively referred to as the “Website”.
4. The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party vendors and manufactures (“Third Party Vendors”); (ii) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third-Party Vendors 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 to the Users accessing the Website (The services of Third Party Services Provider and the information services is collectively referred to as the “Services”).
the Indian Contract Act, 1872 (“Contract Act”);
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”);
the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
Pharmacy Act, 1948 (“Pharmacy Act”) and
the Consumer Protection Act, 1986.
2. USER’S ELIGIBILITY
2.1. Nesba Health Care Pvt Ltd. www.healkit.in website use is restricted to persons who can make legally binding contracts under the Contract Act. Persons who are “incompetent to contract” within the meaning of the Contract Act including minors, un-discharged insolvents, etc. are not eligible to use the Website. The medicines shall also not available to any Users suspended or removed from the Company’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the medicines through the Website. By accessing and using this Website, You represent that You are of legal age to make a binding contract and are not a person barred from receiving services under the laws as applicable in India. If You are below the age of 18 (eighteen) years, You may avail the services provided by the Website, through Your legal guardian in accordance with the applicable laws. The Company reserves the right to terminate Your membership and / or refuse to provide You with access to the Website if it is brought to Company’s notice or if it is discovered that You are under the age of 18 years.
2.2. Nesba Health Care reserves the right of the heal kit website to refuse access to use the services offered at the Website or to terminate access granted to its Users at any time without according any reasons for doing so and You shall have no right to object to the same.
3. ACCOUNT CREATION
3.2. You declare that submitted information during registration is truthful and accurate and that You will maintain the accuracy of such information in the future also.
3.3. Your Healkit website Account username and password are personal to You. You may not transfer Your account and You will be solely responsible for the activities associated with Your Healkit website Account.
3.4. www.healkit.in 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 unauthorized use of Your Healkit website Account, You shall immediately notify Nesba Health Care Pvt Ltd.
3.5. It is Your responsibility to keep your email address up-to-date on Your account setup at www.healkit.in so that we can communicate with You electronically.
4. PERSONAL CONSUMPTION
4.1. You commit that purchase of any medicines is for your personal consumption and use for the personal consumption and use of Your family members only and shall not be used for resale or for commercial purpose, shall not be used for any unauthorized or illegal purpose.
4.2. A parent or legal guardian of a person’s‘ incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of purchasing Products on behalf of such persons.
5. PRICE AND PAYMENT
5.1. All our product(s) prices are inclusive of all taxes applicable.
5.2. We are not responsible for any typographical errors and we reserve the right to cancel the sale. We reserve the right to correct any inaccuracies or omissions related to pricing and medicine availability/descriptions, even after You have submitted Your order, and to change or update any other information at any time without prior notice.
5.4. Delivery times may vary depending on the delivery location as well as the type of product You order.
5.5 You can make the payment via any one of the following modes of payment: Credit/Debit Card, Net Banking.
6. PLACING AN ORDER
6.1. The placement of an order by You shall be an offer by You to enter into an agreement with the Nesba Health Care or the relevant Third Party Vendor. Post the order, the Website shall send an email/SMS to You confirming Your order. However, such an email shall not be considered as an acceptance of the Offer by the Company. The acceptance of the Offer shall take place, in case of prescription drugs, after the validation/ verification of the prescription by the registered pharmacist of the Company and the ascertainment of the available stock, subject, however, to the physical verification of the original prescription by the Company’s registered pharmacist. If the Company is unable to accept the Offer for any reason whatsoever including discontinuance of the medicines ordered, non-availability of stock, invalid prescription, etc. then the Company shall be entitled to cancel the Offer within a maximum period of 7 working days from the date of receipt of the Offer. Payment shall be refunded as soon as the order is canceled in case payment was received along with the Offer.
6.2. By placing an order through the Website, You represent and declare that:
6.2.1. You have no known allergies or sensitivities to any medicines ordered.
6.2.2. You are not taking any parallel medications with which the medicines ordered are likely to relate or react.
6.2.3. For prescription items: You are taking the medication after consulting Your doctor/ registered medical practitioner. The copy of the prescription shown to the registered medical practitioner/doctor is genuine.
6.3. You have full knowledge of the implications, actions, interactions and side effects of any medications that have been prescribed, including the adverse effects of skipping the medication.
6.4. Please note that all prescription medicines are dispensed or sent only against a valid prescription issued by a registered medical practitioner/doctor which has been approved by our registered pharmacist subject to physical verification of the original prescription.
6.5. Valid photo identification proof and address proof (driving license, Election Card or Aadhar Card, etc) is required at the time of placing and taking delivery of an order for pharmacy products.
6.6. Payment for the pharmaceutical products ordered is accepted at the time of physical delivery of the product either via credit card, debit card, online banking.
6.7. You hereby consent to the Nesba Health Care’s right to contact the relevant doctor to verify the authenticity of the prescription.
7. RETURN AND REFUND POLICY
7.1. We offer the return and refund on the product ordered by You which are subject to further terms and conditions as detailed in the return and refund policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms and Conditions and the Users are requested to carefully read the same.
8. OUR LIABILITY
8.2. The services provided on www.healkitin website 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). The Healkit does not provide or make any representations, warranties or guarantees, express or implied about the Website or the services. The Nesba Health Care does not verify any content or information provided by the Third Party Vendor on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Third Party Vendor’ use or reliance upon the Website, the services, third party contents, representations and warranties made by the Third Party Vendor on the Website or any loss arising out of the manner in which the services have been rendered.
8.3. The Nesba Health Care shall not be responsible for the mishaps/missed services due to no service/no show from the Third Party Vendor; the Nesba Health Care shall not be responsible for any error in any of the services being provided by the Pharmacies.
8.4. The Third-Party Vendor further accept and acknowledge that the heal kit website does not verify any content or information provided by either the Users or the Pharmacies or obtained from the Users or the Pharmacies, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Third Party Vendor’ use or reliance upon the Website, the Services, the content on healkit website, third party content, representations and warranties made by the Third Party Vendor on the Website or any opinion or suggestion given or expressed by the Healkit or any Pharmacies in relation to any Services provided by the Healkit.
8.5. The Nesba Health Care assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Third Party Vendor’ equipment on account of the Third Party Vendor’ 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 Third Party is dissatisfied with the Website, the sole remedy of such Third Party(s) is to discontinue using the Website.
8.6. To the maximum extent permitted by applicable law(s), the Nesba Health Care, 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.
8.7. In no event shall the Protected Entities be liable for failure on the part of the Users or Pharmacies 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 Pharmacies.
9.1. By using the Website, it is deemed that You have consented to receive calls, auto-dialed and/or pre-recorded message calls, SMS/notification, e-mails, from the Nesba Health Care and/or their representatives at any time with the use of the telephone number and e-mail address that has been provided by You for the use of the Website. This consent to be contacted is for purposes that include and are not limited to clarification calls, marketing and promotional calls/electronic messages. In case You wish the communications to cease, kindly set your preferences via email addressed to the Healkit website.
10. PRESCRIBED DRUG TERMS
Nesba Health Care, a fully licensed and regulated pharmacy, takes all precautions to strictly commensurate with 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.
10.1. Nesba Health Care will not dispense any prescription medication without a valid prescription from a licensed physician.
10.2. If You are ordering prescription medication(s), You hereby confirm that You will send us a scanned copy of your valid prescription(s) via email, fax, Whatsapp, or by post, and this prescription shall then be subject to the scrutiny of and approval by our qualified pharmacists.
10.3. The information provided in the Healkit.in is for informative purposes only and this Website 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 on the Website.
10.4. The Nesba Health Care requires either the User or customer 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 Healkit.in.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All content on the Website including images, illustrations, text, graphics, logos, design, audio or video clips (if any), artwork and computer code (together “Content”) is owned and controlled by the Nesba Health Care and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
11.2. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Nesba Health Care owns all intellectual property rights to and into the trademark Nesba Health Care, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets, inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
11.3. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Nesba Health Care or third party owner of such Content.
13. USER LIMITATION
13.1. You are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
13.1.1. belongs to another person and to which You do not have any right;
13.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
13.1.3. harm minors in any way;
13.1.4. infringes any patent, trademark, copyright or other proprietary rights;
13.1.5. violates any law for the time being in force;
13.1.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
13.1.7. impersonate another person;
13.1.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
13.1.9. 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 offense or prevents investigation of any offense or is insulting any other nation.
13.2. You are also prohibited from:
13.2.1. violating or attempting to violate the integrity or security of the Website;
13.2.2. transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive to the business of the Healkit website;
13.2.3. making any unsolicited communications to other users of the Website
13.2.4. 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; or
13.2.5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website.
14. TERMINATION of ACCOUNT
14.1. You agree that www.healkit.in, 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, at any time. You agree that any termination of Your access to the Website may be effected without prior notice, and You agree that www.healkit.in shall not be liable to You for any such termination. Your right to use the www.healkit’s Website/Service immediately ceases upon termination of Your access/use of the Website.
15. INDEMNITY by USER
15.1. You agree to indemnify, defend and hold harmless each of the Healkit website, its officers, directors, employees, associates, partners or agents (each an “Indemnified Party”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such Indemnified Party in connection with, arising out of or resulting from (i) any misrepresentation or inaccuracy in any representation or warranty provided by You in these Terms and Conditions, (ii) breach or non-performance of any covenant or obligation to be performed by You pursuant to these Terms and Conditions or (iii) non-compliance of applicable laws by You. Further, You agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website.
15.2. Notwithstanding anything to contrary, Nesba Health Care’s entire liability to You under this Terms and Conditions or otherwise shall be the refund of the money charged from You for any specific voucher or Service, under which the unlikely liability arises.
15.3. In no event shall the Nesba Health Care, its officers, directors, employees, associates, partners or agents be liable to You for any special, incidental, indirect, consequential or punitive damages whatsoever arising out of or in connection with Your use of or access to the Website. The limitations and exclusions in this section shall apply to the maximum extent permitted by applicable law.
OTHER TERMS AND CONDITIONS
16.1. If any provision of these Terms and Conditions is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
17.1. The Healkit website provides no representation or assurance that access to the Website will be uninterrupted or error-free.
17.2. The Nesba Health Care assumes no responsibility, and shall not be liable for, any damages caused by viruses, trojans or other forms of malware, adware and other malicious programs that may infect your computer system, mobile phone or any hardware or software used by You to access or use the Website, or Your account on the Website and which may have an adverse impact on Your experience of browsing the Website. If You are dissatisfied with the Website, Your sole remedy is to discontinue using the Website. You are expected to use adequate anti-virus software and firewalls in Your device to guard against possible attacks by malicious software.
18.1. No failure on the part of www.healkit.in to enforce any part of these Terms and Conditions shall constitute a waiver of any of the Nesba Health Care rights under these Terms and Conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by the Nesba Health Care nor the reliance of any person on the Nesba Health Care actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of the Nesba Health Care shall have any legal effect whatsoever.
19.1. In case of any inconsistency between the terms contained herein and any other communications or documents issued by the Nesba Health Care, these Terms and Conditions shall prevail.
20.1. You shall not assign Your rights or obligations under these Terms and Conditions to any person or entity without the prior written consent of the Nesba Health Care. Nesba Health Care shall have the right to assign any of its rights and/or obligations to any person or entity without Your prior consent.
21.1. The User accepts and acknowledges that the Nesba Health Care 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 the Nesba Health Care or the other party), or any other delay or default or deficiency or failure which arises from causes beyond the Nesba Health Care reasonable control.
22.1. These Terms and Conditions shall be governed by the laws of India. All disputes pertaining to, arising out of or in connection with the use of the Website by You shall be referred to arbitration by a sole arbitrator to be appointed by the mutual consent of Nesba Health Care and Yourself. The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended or restated from time to time. Any legal action or proceeding related to Other Party Vendor(s) access to, or use of, the Website or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at New Delhi. The seat and venue of arbitration shall be New Delhi and the language of the arbitration shall be English.
Do not accept the parcel from the courier company if the parcel is tampered or open.