Please read these terms of use carefully by accessing or using this
online platform, you agree to be bound by the terms described herein
and all terms incorporated by reference. If you do not agree to all of
these terms, do not use this online platform.
About Healkit Website
- The domain name www.healkit.in/uk , an online portal, is owned and
operated by Ambitross 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 applications are collectively referred to as the “Website”.
- Your access or use of the Website, transactions on the Website and
use of Services (as defined hereinbelow) hosted or managed remotely
through the Website, are governed by the following terms and
conditions (hereinafter referred to as the Terms of Use”), including the
applicable policies which are incorporated herein by way of reference.
These Terms of Use constitute a legal and binding contract between
you (hereinafter referred to as “You” or “Your” or the “User”) on one
part and Ambitross Private Limited on the other Part.
- By accessing, browsing or in any way transacting on the Website,
or availing any Services, You signify your agreement to bound by
these Terms of Use. Further, by impliedly or expressly accepting
these Terms of Use, you also accept and agree to be bound by Our
policies, including the Privacy Policy (as set out in Part B
hereinbelow), and such other rules, guidelines, policies, terms and
conditions as are relevant under the applicable law(s) in India and
other jurisdictions for the purposes of accessing, browsing or
transacting on the Website, or availing any of the Services, and such
rules, guidelines, policies, terms, and conditions shall be deemed to
be incorporated into, and considered as part and parcel of these
Terms of Use. However, if You navigate away from the Website to a
third party website, You may be subject to alternative terms and
conditions of use and privacy policy, as may be specified on such a
website. In such an event, the terms and conditions of use and privacy
policy applicable to that website will govern Your use of that website.
- This 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 this 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 arrangement between the Third Party Service Providers, You
and Us shall be governed in accordance with these Terms of Use. The
Services would be made available to such natural persons who have
agreed to use the Website after obtaining due registration, in
accordance with the procedure as determined by Us, from time to
time, (referred to as “You” or “Your” or “Yourself” or “User”, which
terms shall also include natural persons who are accessing the
Website merely as visitors). The Services are offered to You through
various modes which shall include the issue of discount coupons and
vouchers that can be redeemed for various goods/ services offered for
sale by relevant Third Party Service Providers. To facilitate the relation
between You and the Third Party Service Providers through the
Website, Healkit website shall send to You (promotional content
including but not limited to emailers, notifications and messages).
- You agree and acknowledge that the Website is an online platform
that You and Third Party Service Providers utilize to meet and interact
with another for their transactions. Healkit website is not and cannot
be a party to or save as except as may be provided in these Terms of
Use, control in any manner, any transaction between You and the
Third Party Service Providers.
7.Ambitross Pvt Ltd. reserves the right to change or modify these
Terms of Use or any policy or guideline of the Website including the
Privacy Policy, at any time and in its sole discretion. Any changes or
modifications will be effective immediately upon posting the revisions
on the Website and You waive any right You may have to receive
specific notice of such changes or modifications. Your continued use
of this Website will confirm your acceptance of such changes or
modifications; therefore, You should frequently review these Terms of
Use and applicable policies to understand the terms and conditions
that apply to Your for use of this Website.
- As a condition to Your use of this Website, You must be 18
(eighteen) years of age or older to use or visit the Website in any
manner. By visiting this Website or accepting these Terms of Use,
You represent and warrant to Ambitross private limited that You are
18 (eighteen) years of age or older and that You have the right,
authority and capacity to use the Website and agree to and abide by
these Terms of Use.
- These Terms of Use is published in compliance of, and is governed
by the provisions of Indian laws, including but limited to:
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.
10.Ambitross private limited authorize You to view and access the
content available on the www.healkit.in/uk Website solely for the
purposes of availing the Services, such as visiting, using, ordering,
receiving, delivering and communicating only as per these Terms of
Use. The contents on this Website including information, text,
graphics, images, logos, button icons, software code, design, and the
collection, arrangement, and assembly of content, contains Third
Party Service Providers’ content (“Third Party Content”) as well as in-
house content provided by Ambitross private limited including without
limitation, text, copy, audio, video, photographs, illustrations, graphics
and other visuals (“Healkit Content”) (collectively, “Content”). The
Healkit website & Content is the property of Ambitross Pvt Ltd and is
protected under copyright, trademark and other applicable law(s). You
shall not modify the Healkit website Content or reproduce, display,
publicly perform, distribute, or otherwise use the Healkit Content in
any way for any public or commercial purpose or for personal gain.
- Compliance with these Terms of Use would entitle You to a
personal, non-exclusive, non-transferable, limited privilege to access
and transact on the Website.
- These Terms of Use constitute an electronic record in terms of the
IT Act and rules framed thereunder, as applicable and amended from
time to time. This electronic record is generated by a computer system
and does not require any physical or digital signatures.
- USER’S ELIGIBILITY
2.1Ambitross Pvt Ltd. Company`s website www.healkit.in/uk , 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 confirm
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.
2.2Ambitross private limited 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.
- ACCOUNT CREATION
3.1. To use Healkit website for e.g., ordering medicines, posting
rating/reviews, etc, You must register with www.healkit.in/uk and provide
certain information about Yourself as prompted by the customer
information form, including, Your name, gender, email address, an
account password, mobile phone number, and billing/shipping
address. All of Your registration information is protected by our
Privacy Policy.
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/uk 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 Ambitross Private Ltd.
3.5. It is Your responsibility to keep your email address up-to-date on
Your account setup at www.healkit.in/uk so that we can communicate
with You electronically.
- PERSONAL CONSUMPTION
4.1. You commit that purchase of any medicines is for your personal
consumption and use for the personal consumption and use for 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.
- 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.
- PLACING AN ORDER
6.1. The placement of an order by You shall be an offer by You to
enter into an agreement with Ambitross private limited 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 Ambitross Private Ltd. right to contact
the relevant doctor to verify the authenticity of the prescription.
- 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.
- OUR LIABILITY
8.1. The Ambitross private limited shall not be responsible or liable in
any manner to the Users or any Pharmacies (collectively referred to
as the “Third Party Vendors”) for any losses, damage, injuries or
expenses incurred by Third Party Vendors as a result of any
disclosures made by the Ambitross private limited, where Third-Party
Vendors have consented to the making of such disclosures by the
Ambitross private limited. If the Third-Party Vendors had revoked such
consent under the terms of the Privacy Policy, then the Healkit shall
not be responsible or liable in any manner to the Third Party Vendor
for any losses, damage, injuries or expenses incurred by the Third
Party Vendor as a result of any disclosures made by the Ambitross
private limited prior to its actual receipt of such revocation.
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 Ambitross private limited 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. Ambitross private limited shall not be responsible for the
mishaps/missed services due to no service/no show from the Third
Party Vendor Ambitross private limited 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
healkit 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. Ambitross private limited 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
Ambitross private limited it 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.
- COMMUNICATIONS
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 Ambitross private limited 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.
- PRESCRIBED DRUG TERMS
Ambitross private limited, 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. Ambitross private limited 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 www.healkit.in/uk 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 Ambitross private limited 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.
- 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
Ambitross private limited 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, Ambitross private limited owns all intellectual property
rights to and into the trademark Ambitross private limited, 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 Ambitross private
limited or third party owner of such Content.
- PRIVACY POLICY
12.1. Subject to the Privacy Policy, Ambitross private limited shall
make reasonable commercial efforts to keep the information provided
by You (while placing an order for the purchase of medicine or
otherwise in the course of Your use of the Website) secure and
confidential.
- 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 disruptive Website 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.
13.3. Ambitross private limited shall be entitled to disable or remove
the aforesaid information upon becoming aware of the same, either by
itself or through any person affected by such information. Further, in
case of non-compliance with any applicable laws, rules or regulations,
or the Terms and Conditions (including the Privacy Policy) by You, the
Healkit has the right to immediately terminate and/or prevent Your
access to the Website and to remove any non-compliant information.
- TERMINATION of ACCOUNT
14.1. You agree that www.healkit.in/uk , 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/uk shall not be liable to You for any such termination.
Your right to use www.healkit’s Website/Service immediately
ceases upon termination of Your access/use of the Website.
- 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 Ambitross private limited
entire liability to You under this Terms and Conditions or otherwise
shall be the refund of the money charged to You for any specific
voucher or Service, under which the unlikely liability arises.
15.3. In no event shall Ambitross private limited, 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 Ambitross private limited 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/uk to enforce any part of
these Terms and Conditions shall constitute a waiver of any of the
Ambitross private limited 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 Ambitross private limited nor the reliance of
any person on the Ambitross private limited 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
Ambitross private limited 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 Ambitross
private limited, these Terms and Conditions shall prevail.
- ASSIGNMENT
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 Ambitross private limited. Ambitross private limited
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 Ambitross private
limited 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 Ambitross private limited or the
other party), or any other delay or default or deficiency or failure which
arises from causes beyond the Ambitross private limited 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 Ambitross private
limited 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 except Custom seal.
