..BEFORE, ACCESSING, USING,SUBSCRIBING OR REGISTERING ON OR ACCESSING ANY MATERIAL, INFORMATION THROUGH THE WEBSITE.
By accessing, using, subscribing or registering on or accessing any material, information through the website or by using the information given on the website you are providing an acceptance or agreement to all our policies, given in privacy policy; terms of use; refund and cancellation policy; disclaimer and shall be legally bound by the same.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE.
- What is Ekavaidya
- The domain name www.ekavaidya.com and dravya.app, an internet based portal, and Dravya, a mobile application, is owned and operated by Ekavaidya Knowledge Services Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013, having its CIN # U85190KL2016PTC039925 and with its registered office as, Building No: IV/118, Ganapathimukku, Elamkunnapuzha, Vypin, Ernakulam, Kerala, INDIA(hereinafter, referred to as “Ekavaidya” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile applications are collectively referred to as “Website”.
- Your access or use of the Website, transaction on the Website and use of Services hosted or managed remotely through the Website, are governed by the following terms and conditions (referred to as “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, the User on one part and Ekavaidya on the other Part.
- By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify your agreement to be bound by the Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Edavaiya’spolicies, including its Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are applicable 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 this Terms of Use. However, if you navigate away from the Website to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.
- The Website is a platform that primarily serves as information or knowledge portal. The website provides a searchable database of natural ingredients including herbs, metals, minerals, animal products, gemstones, fungal parts and products including formulations and preparations manufactured using the above mentioned ingredients that are either mentioned in Classical Ayurvedic reference books (listed under the category ‘Classical Product’ in the website) or formulated by Ayurvedic manufacturers and Ayurvedic pharmaceutical companies (listed under the category ‘Proprietary Product’ in the website). The data of classical preparations are compiled directly from its original reference textbooks of Ayurveda whereas the data of Proprietary preparations are either sourced from literature provided by its manufacturer or entered directly by the manufacturer.
- The website is categorized as Subscription services which may require the User to Subscribe by registering and creating a profile to access or use all of its features and content for a period of time that is stipulated by Ekavaidya. The Company reserves the right to change, amend or modify the Subscription rates or duration or any policy(ies) or guideline (s) regarding the access to the Website or the terms of subscription , at any time and in its sole discretion.
- The data columns, sections, buttons or tags such as “Featured Products”, “Commercial Availability”, “Buy Now” in Our Products & Services may be sponsored sections by Manufacturers, Resellers, Pharmaceutical companies, Distributors, Shops, e-commerce platforms, Cultivators, Ayurvedic institutions, Hospitals, Clinics, Physicians or Stockists (hereinafter referred to as “Sellers”). These sections may host sponsored data or links provided by a 3rd party. Ekavaidya will exercise to its full capacity to verify, validate and monitor these sections and its entries. Any entry or submission that is felt inappropriate by Ekavaidya or reported by User may be removed without prior notification. However, exclusive user discretion is advised while using these sections. Ekavaidya holds no responsibility whatsoever, for content posted under these data columns, sections, buttons or tags or links to 3rd party websites or app through these data columns, sections, buttons or tags.
- The website also facilitates the purchase of products sold by various relevant manufacturers(hereinafter referred to as “ Services”). The arrangement between the Sellers and Ekavaidyashall be governed in accordance with this Terms of Use. The Services would be made available to such natural persons who have agreed to become buyers on the Website after obtaining due registration, in accordance with the procedure as determined by Ekavaidya, 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 the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by the Sellers. To facilitate the relation between Sellers and the Users through the Website, Ekavaidya shall send to the Userspromotional content including but not limited to emailers, notifications and messages.
- Any information entered in the website by the sellers is subject to scrutiny and approval by the expert panel of Ekavaidya. However, notwithstanding anything contained in the provisions of these Terms of use shall absolve the sellers liability of providing accurateinformation and further, notwithstanding anything contained in the provisions of these Terms of Use, no party shall hold Ekavaidya responsible fo the content so relied upon in the true faith and edited. The company may change or modify the Seller Content to suit the technical requirements of the Website.
- You agree and acknowledge that the Website is also a digital marketplace that Users and Sellers utilize to meet and interact for their transactions as well as for exchange of information. Ekavaidya is not and cannot be a party to or save as except as may be provided in this document control in any manner, any transaction between the Users and Sellers.
- The Company 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 the 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 use of the Website.
- This Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
- the Indian Contract Act, 1872 (“Contract Act”);
- the (Indian) Information Technology Act, 2000 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;
- 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; and
- the Consumer Protection Act, 1986.
- Ekavaidya authorizes the User to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, ordering, receiving, delivering and communicating only as per the Terms of Use. The contents on the Website information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains third party seller content (“Seller Content”) as well as in-house content provided by of Ekavaidya (“Ekavaidya Content”) (collectively, “Content”). Ekavaidya Content is the property of Ekavaidya and is protected under copyright, trademark and other laws. User shall not modify the Ekavaidya Content or reproduce, display, publicly perform, distribute, or otherwise use the Ekavaidya Content in any way for any public or commercial purpose or for personal gain.
- Compliance with the Terms of Use would entitle the User 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 Information Technology Act, 2000 and rules framed there under, 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.
- Eligibility
- For the purposes of accessing, interacting, exchanging information and transacting through the Website, the Users are required to obtain registration, in accordance with the procedure established by Ekavaidya in this regard. As part of the registration process, Ekavaidya may collect the following personal information from the Users:
- Name;
- User ID;
- Email address;
- Address (including country and ZIP/ postal code);
- Gender;
- Age;
- Phone number;
- Password chosen by the User;
- Income Tax Identification number (PAN number)
- Aadhar number or UID number or Passport number or any other valid identification number or details as provided by the Central / State Government;
- Academic qualifications and validating proof of the same
- Professional status, experience and validating proof of the same
- Valid financial and bank account information; and
- Other details as the User may volunteer.
- The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.
- By registering, accessing or using the Website, you accept the terms of this Terms of Use and represent and warrant to Ekavaidya that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by its Terms of Use.
- A registered id can only be utilized by the person whose details have been provided and Ekavaidya does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of viewing and interacting, on behalf of such persons.
- You agree and acknowledge that You would (a) create only one account; (b) provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Website; (c) maintain and promptly update Your account information; (d) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (e) promptly notify Ekavaidya if You discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.
- Privacy Policy
- Ekavaidya has duly formulated a policy on how the Company collects, uses and discloses personally identifiable information from its users (“Privacy Policy”). The Privacy Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.
- Services and Use of Website
Platform to facilitate transaction of business
- Ekavaidya provides Services through the Website, which is a platform that facilitates viewing information regarding natural ingredients and productsas well as host services offered for sale by Sellers and also by Ekavaidya. You understand and agree that Ekavaidya and the Website merely provide information and hosting services to its Users and persons browsing / visiting the Website. All items offered for sale (by the sellers)on the Website, and the content made available by the Sellers, are third party user generated contents other than that of what is provided exclusively by Ekavaidya. Ekavaidya has no control over such third party user generated contents and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the drugs and pharmaceutical products made available by the Sellers through the Website shall be sole responsibility of the Sellers. The Users understand and agree that Ekavaidya shall have no liability what so ever with respect to the authenticity of the products being facilitated through its Website other than that of Ekavaidya products.
- The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the products or services offered by and agreed to between the Users and the Sellers and the contract for purchase of any of the products, or services, offered for sale on the Website by the Sellers shall strictly be a bipartite contract between the Seller and the User.
- The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the goods and services offered for sale by the Sellers, and after sales services related to such goods and services. Ekavaidya does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between Users and Sellers.
Representation as to legal title
- Ekavaidya does not make any representation or warranty as to legal title of the goods and services offered for sale by the individual Sellers on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with Ekavaidya nor shall Ekavaidya have any obligations or liabilities in respect of any transactions on the website. The Users agree and acknowledge that the ownership of the inventory of such goods and services shall always vest with the Sellers, who are advertising or offering them for sale on the Website and are the ultimate sellers.
- The Users agree and acknowledge that the Seller shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Seller does not have the sole and exclusive legal ownership over the goods and services that have been offered for sale on the Website by such Seller, or did not have the absolute right, title and authority to deal in and offer for sale such goods and services on the Website.
Non-Performance of Contract
- The User accepts and acknowledges the following:
- Ekavaidya is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and Seller for purchase and sale of goods or services offered by such Sellers on the Website;
- Ekavaidya cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website;
- Seller is solely responsible for ensuring that the goods or services offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, Ekavaidya is not responsible if the Seller does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by the User;
- Ekavaidya shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers. In particular, Ekavaidya does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website;
- Ekavaidya may, at its sole discretion, suspend User’s ability to use or access the Website at any time while Ekavaidya investigates any complaints or alleged violation of the Terms of Use or for any other reason. In the event, Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact Ekavaidya immediately for such corrections. Ekavaidya shall have no liability or responsibility in this regard.
Exhibition of products and publication of Content/ Information on the Website
- The Users agree and acknowledge that the respective Sellers are exhibiting Seller Content which includes catalogue of products or services, and information in relation to such products or services, on the Website.
- The Seller Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any product being offered for sale by the Sellers on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
- THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
- The Users acknowledge and agree that such Manufacturers / Sellers shall be solely responsible for ensuring that such Seller Content made available regarding the goods offered for sale on the Website, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Manufacturers/ Seller to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that Ekavaidya provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Website and the Users must run their own independent check. The Users agree and acknowledge that Ekavaidya has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale by the Sellers on the Website. Further, it is hereby clarified that the Manufacturers/ Sellers are offering Products for sale to the Users and they are responsible for procuring the appropriate licenses for the same under the Drugs Act. The Users agree and acknowledge that it shall not hold Ekavaidya responsible or liable for any damages arising out of such reliance on third party user generated content by the User.
- Ekavaidya allows third party and servers, ad agencies, ad technology vendors and research firms (“Advertisers”), to serve advertisements to the Users (“Advertised Content”), which may include third party banners, badges, contextual advertising and content created or provided by an Advertiser (collectively referred to as "Advertisements" or "Advertising"). The Advertised Content shall be clearly demarcated and differentiated from Ekavaidya Content. Ekavaidyamay “target” some ads to User that for a certain general profile. Ekavaidya does NOT use personally identifiable information to target ads. Further, all the terms and conditions governing advertisements on the Website are governed by the advertisement policy mentioned here.
- The Ekavaidya Content is available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Further, the details regarding the process of generating and reviewing the Ekavaidya Content is detailed in the editorial policy.
Consulting a Registered Medical Practitioner
- You must always consult a registered medical practitioner, as defined under the Drugs Act (“Registered Medical Practitioner”) with any questions or concerns you may have regarding the suitability of any product offered for sale by the Sellers on the Website, in light of your individual needs and medical conditions. Reliance on any information appearing on the Website, whether provided by Ekavaidya, its content providers, visitors to the Website or others, is solely at Your own risk, and Ekavaidya shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the Website. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by You on any information published on the Website, the manufacturers/ Sellers from whom said content is obtained and made available on the Website shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and Ekavaidya shall have no liability in relation to the same.
- The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Ekavaidya for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Ekavaidya may allow authorized third parties to place or recognize a unique cookie on the User’s browser. Ekavaidya does not store personally identifiable information in the cookies.
- Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Website. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.
NO REGISTERED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US.
Order and Delivery of Products
- Ekavaidya do not sell any item directly. All listings and offer for sales of products or services are provided by the Sellers and the details, description and usage of the products and/or the transactions may be occurring in a page or platform outside Our Products & Services. Likewise, the confirmation or decline of sale, refund or delivery regarding the sale by the seller is solely the concern of the Seller.
- The User accepts and acknowledges that Ekavaidya does not engage in the provision or distribution of the Seller or third-party products or services.
- The User further accepts and acknowledges that Ekavaidya does not engage in the distribution of the concerned products or services, and if any delivery and distribution of the products / services are offered, the same are provided at the sole discretion and risk of the seller/third party. Ekavaidya assumes no responsibility whatso ever regarding the risks or rewards arising from such transaction engaged between the seller and the user of the website.Further notwithstanding anything contained in the provisions of these terms of use all the provisons regarding the Delivery and return shall be governed by the Delivery and Return policy and also the Refund and the Cancellation Policy.
Compliance of Applicable Law
- While communicating/ transacting with Sellers through the Website, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, as well as all other laws for the time being in force, and ensure due payment of applicable taxes.
- Payment, Fees and Taxes
- The Dravya website and mobile application has two versions- The ‘Essential pack’ with free registration has restricted access to the content and advanced features. The level of restriction is defined by Ekavaidya and is subject to change without prior notice / notification. The ‘Professional Pack’ is the full version and provides the User complete access to all its utilities. The Professional pack is available for a Subscription fee as mentioned in the ‘Subscribe’ Page of the mobile application and website or www.ekavaidya.com.
- Ekavaidya does not charge any fee for accessing, browsing and buying through the Website. The User agrees to make all payments related to subscriptions directly to Ekavaidya. The Sellers may choose to either personally collect payments towards their services from the Users or may use the services of collection agents duly appointed in this regard. The Users agree and acknowledge that it shall not hold Ekavaidya responsible for any loss or damage caused to the User during the process, due to any acts or omission on the part of third parties viz. the Seller or the collection agents or for any actions/ omissions which are beyond the control of Ekavaidya.
- Covenants
- You undertake that You shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
- belongs to another person and to which the User does not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;
- infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
- violates any law for the time being in force;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- is prohibited under applicable law for the time being in force including Drugs Act (read with the Drugs Rules), the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, as amended from time to time and rules made there under;
- 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 offence or prevents investigation of any offence or is insulting any other nation.
- The User is also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any Ekavaidya Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Ekavaidya;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- 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;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the Ekavaidya Content or other information available from the Website;
- framing or hotlinking or deeplinking any Ekavaidya Content.
- Ekavaidya, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in Clause 6.2 above, shall be entitled to disable such information that is in contravention of Clause 6.2. Ekavaidya shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
- In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Ekavaidya has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.
- Liability
- The User accepts and acknowledges that Ekavaidya does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods made available on their Website, including any guarantee or warrantee that such goods (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Sellers have legal title over the goods being offered for sale by them on the Website. Ekavaidya also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered.
- The User further accepts and acknowledges that Ekavaidya is not responsible for any content or information provided by the Sellers/ or obtained from the Manufacturers, and to fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Website, the Services, the Ekavaidya Content, representations and warranties made by the Sellers or the content or information (provided by such Seller or obtained from the Manufacturers) on the Website or any opinion or suggestion given or expressed by Ekavaidya or any Seller in relation to any User or Services provided by Ekavaidya.
- The Website may be linked to web pages and content of third parties, affiliates and business partners (collectively, “Third Party Content”). Ekavaidya does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that Ekavaidya shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, quality of such Third Party Content. Inclusion of any link on the Website does not imply that Ekavaidya endorses the linked site. User may use the links and these services at User's own risk.
- Ekavaidya assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's 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 a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
- The listing of Sellers on the Website is based on numerous factors including User's comments and feedbacks. In no event shall the Protected Entities be liable or responsible for the listing order of Sellers on the Website.
- To the maximum extent permitted by applicable law, Ekavaidya, 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.
- In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Seller to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Seller; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website.
- In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from the Terms of Use or a User's use of the Website exceed an aggregate amount of Rs. 1000/- (Indian Rupees One Thousand Only). Ekavaidya accepts no liability for any errors or omissions, whether on behalf of the Users or third parties.
- Indemnity
- You agree to defend, indemnify and hold harmless Ekavaidya, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Your access to or use of Website; (b) Your violation of the Terms of Use; (c) Your violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Your conduct in connection with the Website.
- Modification of Website
- Ekavaidya reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that Ekavaidya will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
- 10.Termination
- The provisions of this Agreement shall continue to apply until terminated by either You or Ekavaidya as set for below:
- If You want to terminate this Agreement with Ekavaidya, You may do so by:
- not accessing the Website; or
- closing Your accounts for all of the Services that You use.
4. Ekavaidya reserves the right to, at any time, and with or without notice, terminate this Agreement with You if:
- You breach any of applicable law, including but not limited to the Drugs Act and the rules issued thereunder or the provisions of this Agreements or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same); or
- Ekavaidya is unable to verify or authenticate any information provided to Ekavaidya by You; or
- Ekavaidya believes, in its sole discretion, that Your actions may cause legal liability for Ekavaidya (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
- Ekavaidya is required to do so by law; or
- if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Ekavaidya to provide the Services to You; or
- The provision of the Services to you, or to the general public, is in Ekavaidya’s opinion, no longer commercially viable; or
- Ekavaidya has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
- Ekavaidya may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring You from further use or access of the Website or of any of the Services.
- Once terminated or suspended (temporarily or permanently), Youshall not continue to use the Website under the same account, a different account or re-register under a new account.
- Upon termination of this Agreement, Ekavaidya shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).
- The right to terminate/ suspend the account is in addition to, and without prejudice to, Ekavaidya’s right to initiate action against the User, in accordance with applicable law.
- Force Majeure
- The User accepts and acknowledges that Ekavaidya or the Sellers 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 User), or any other delay or default or deficiency or failure which arises from causes beyond Ekavaidya’s or the Seller’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Ekavaidya or the Seller, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User of the facts which constitute the Force Majeure Event.
- Governing Law and Dispute Resolution
- This Agreement and any contractual obligation between Ekavaidya and User will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Your access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Ernakulam.
- Survival
- Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
- Severability
- If any provision of this Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
- Contact Information
- If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at mail@ekavaidya.com
- If a User has any questions concerning Ekavaidya, the Website, this Agreement, or anything related to any of the foregoing, Ekavaidya can be reached at the following email address - mail@ekavaidya.comor via the contact information available from the following hyperlink: www.ekavaidya.com