Terms and Conditions

Last modified 2024

 

Terms of use

Please review these terms of use carefully. By accessing or utilizing this online platform, you agree to comply with the terms detailed herein and any terms referenced. If you do not agree to all these terms, do not use this platform

  1.      What is Safe Drugs Health Solutions Pvt Ltd or Arogyamithra
  1.      The domain www.arogyamithra.com, an online portal and mobile app, is operated by Safe Drugs Health Solutions Private Limited, a company incorporated under the Companies Act, 2013, with its registered office at Safe Drugs Health Solutions 28-753/H3/A/1, Sundar Nagar, Miryalguda, Nalgonda, Miryalguda, Telangana, India-508207. The domain and app are collectively referred to as the “Website”.
  2.      Your use of the Website, transactions on it, and services hosted through it are governed by these terms and conditions (“Terms of Use”), including applicable policies incorporated by reference. These Terms of Use form a legal contract between you (“User”) and Arogyamithra.
  3.      By using this Website or its Services, you agree to these Terms of Use and related policies. If you visit third-party websites, their terms and privacy policies will apply.
  4.      The Website facilitates (i) online purchases of pharmaceutical products from third-party pharmacies (ii) diagnostic services from third-party labs, (iii) online medical consultancy from independent doctors, and It also provides health and wellness information. These are collectively termed "Services."
  5.      The relationship between you, Third Party Service Providers, and us is governed by these Terms. Services are available to registered users and visitors. Promotional content may be sent to facilitate your interaction with Third Party Service Providers.
  6.        The Website is a platform for interactions between you and Third-Party Service Providers. Arogyamithra is not a party to or in control of transactions between you and them.
  7.      Arogyamithra may modify these Terms or policies at any time, effective immediately upon posting on the Website. Continued use confirms your acceptance of these changes.
  8.      You must be 18 or older to use the Website. By using the Website, you confirm you meet this age requirement.
  9.         These Terms comply with Indian laws, including the Indian Contract Act, IT Act, Drugs and Cosmetic Act, Drugs and Magic Remedies Act, Indian Medical Council Act, Pharmacy Act, and Consumer Protection Act.
  10.         You are authorized to use Website content for availing Services only. Content includes Third Party Content and Arogyamithra Content, protected by copyright and trademark laws.
  11.      Compliance with these Terms grants you a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
  12.         These Terms constitute an electronic record under the IT Act and do not require physical or digital signatures.

  1.      ELIGIBILITY

a)     "To access the Services and transact with Third Party Service Providers through the Website, you must complete registration as per Arogya Mithra’s procedure. During registration, Arogyamithra may collect the following personal information from you:"

•                      Name:

•                      User ID:

•                      Email address:

•                      Address (including country and ZIP/ postal code):

•                      Gender:

•                      Age:

•                      Phone number:

•                      Password chosen by the User:

•                      Valid financial account information:

•                      Other details as You may volunteer:

b)     "Registration on or use/access of the Website is restricted to natural persons who are competent to contract under the Contract Act. Minors, un-discharged insolvents, and others 'incompetent to contract' are ineligible."

c)     "Each registered ID is for the sole use of the individual whose details are provided. Arogyamithra does not permit sharing of login/registration IDs among multiple persons."

d)     "Organizations, companies, and businesses are not permitted to register as members or use the Website through individual accounts."

e)     "You agree to: (i) Create only one account; (ii) Provide accurate, truthful, current, and complete information during account creation and all interactions on the Website; (iii) Maintain and promptly update your account information; (iv) Ensure the security of your account by not sharing your password and restricting access to your account and computer; (v) Notify Arogyamithra promptly of any suspected security breaches; (vi) Take responsibility for all activities under your account and accept the risk of unauthorized access."

f)       "Communications from Arogyamithra will be sent only to your registered mobile number and/or email address, or another contact point you designate."

g)     "You are solely responsible for updating your registered mobile number and/or email address on the Website in case of any changes."

h)     "The Website uses temporary cookies for technical administration, research, and user management, without storing sensitive personal information."

i)        "Arogyamithra reserves the right to suspend Users, bar their access to the Website and App temporarily or permanently, at its discretion, during investigations of complaints, alleged violations, or for any other reason."

 

3) USE OF SERVICES AND THE WEBSITE

1. E-Commerce Platform for Pharmaceutical Products –

1. Platform to facilitate transaction of business:

  1.      Arogyamithra enables the purchase of drugs and pharmaceutical products through the Website, which are offered by Third Party Pharmacies ("Pharmaceutical Goods and Services"). You acknowledge and agree that Arogyamithra and the Website solely provide a platform for You and visitors to browse. All items for sale on the Website and the content provided by Third Party Pharmacies are created by third parties. Arogyamithra has no control over these third-party contents and/or Pharmaceutical Goods and Services and does not initiate or manage the transmission or choose the sender/recipient of the information. The authenticity and legitimacy of the Pharmaceutical Goods and Services offered by Third Party Pharmacies on the Website are solely their responsibility. You acknowledge that Arogyamithra holds no liability regarding the authenticity of the Pharmaceutical Goods and Services facilitated through the Website.
  2.      You acknowledge that all commercial and contractual terms related to the sale, purchase, delivery, and use of the Pharmaceutical Goods and Services offered by Third Party Pharmacies are strictly between You and the Third-Party Pharmacies. The purchase contract for any Pharmaceutical Goods and Services listed on the Website is exclusively a bipartite agreement between You and the Third-Party Pharmacies.
  3.      The commercial and contractual terms encompass, but are not limited to, price, shipping costs, payment methods, payment terms, delivery dates, delivery periods, delivery methods, warranties related to the Pharmaceutical Goods and Services, and after-sales services provided by the Third-Party Pharmacies. Arogyamithra does not influence, determine, or advise on these terms, nor does it involve itself in the offering or acceptance of these terms between You and the Third-Party Pharmacies.

 

 

2. Representation as to legal title:

  1.      Arogyamithra does not guarantee or affirm the legal ownership of the Pharmaceutical Goods and Services listed for sale by Third Party Pharmacies on the Website.
  2.      At no point shall any right, title, claim, or interest in the products sold or displayed on the Website transfer to Arogyamithra, nor shall Arogyamithra bear any responsibilities or liabilities regarding any transactions conducted on the Website. You acknowledge that the ownership of such Pharmaceutical Goods and Services remains with the Third-Party Pharmacies, who advertise or sell them on the Website as the final sellers.
  3.      You recognize and accept that the Third Party Pharmacies are solely accountable for any claims, liabilities, or damages that may arise if it is found that these Third Party Pharmacies do not have exclusive legal ownership of the Pharmaceutical Goods and Services offered for sale on the Website, or lacked the full right, title, and authority to market and sell such Pharmaceutical Goods and Services on the Website.

2. Diagnostics Services –

By using and accessing the diagnostic services provided through the Website and by accepting these Terms of Use, you agree to adhere to the following rules and guidelines.

1.Terms for use of the Diagnostic Services:

  1.      Arogyamithra operates the Website as a marketplace, enabling Users to access diagnostic test/packages offered by Third Party Labs. Arogyamithra does not assume responsibility for sample collection, tests conducted, or reports generated by Third Party Labs. The Website solely facilitates User access to these services.
  2.      Third Party Labs may not use the Services if they are direct competitors of Arogyamithra, unless authorized in writing. Furthermore, access to the Services for monitoring availability, performance, or competitive purposes is prohibited.
  3.      Arogyamithra provides basic support for the Services at no extra cost. Upgraded support is available for purchase separately. Efforts are made to ensure the Services are available 24/7, except for planned downtime or circumstances beyond Arogyamithra’s control, including Force Majeure Events.
  4.      The Services may have limitations such as disk storage, API call quotas, and other plan-dependent restrictions (e.g., SMS limits or user numbers). Third Party Labs can monitor their compliance with these limitations in real-time.
  5.      Third Party Labs are solely liable for their interactions with Users who avail services through the Website, including interactions with diagnostic centers. Arogyamithra assumes no liability for the accuracy or completeness of information provided by Users, Third Party Labs, or diagnostic centers.
  6.        Third Party Labs are solely liable for their interactions with Users through the Website. Arogyamithra does not guarantee the accuracy or completeness of tests conducted and reports generated by Third Party Labs.
  7.      Arogyamithra reserves the right to suspend Third Party Labs' or Users' access to the Website at its discretion, especially during investigations of complaints or alleged violations of the Terms of Use. Arogyamithra may edit Third Party Labs' profiles for improved visibility on the Website. Third Party Labs and Users are encouraged to correct any inaccurate information on the Website themselves or notify Arogyamithra for corrections, with Arogyamithra disclaiming liability in such matters.

3. Terms for use of the Online Doctor Consultancy Services:

  1.      Arogyamithra is an online health platform offering a wide range of health products and services, both online and linked to online resources, aimed at providing users with health-related information and resources. When we refer to "Your physician," "Your doctor," "healthcare provider," or similar terms on the Website, including in these Terms of Use, we mean your personal doctor with whom you have an established doctor-patient relationship. Arogyamithra's Medical Experts are not your personal physicians or healthcare providers.
  2.      NO DOCTOR-PATIENT RELATIONSHIP: Arogyamithra does not replace your relationship with your physician or healthcare provider. The information provided SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation, or care from your physician or another qualified healthcare provider.
  3.      You acknowledge that the Medical Experts affiliated with us are independent contractors, and therefore, Arogyamithra has an independent contractor relationship with them. Arogyamithra will not be directly or vicariously liable for any advice, medical consultation, or any loss arising from such advice provided by the Medical Experts or any service they may offer.
  4.      You acknowledge that e-prescriptions issued by Medical Experts may not be valid under applicable Indian law and cannot be used for dispensing medicines by pharmacists, including Third Party Pharmacies. If you request us to process an e-prescription or any form of prescription for facilitating medicine orders, we will act only as an aggregator and assume no responsibility or liability for the dispensation of medicines, which remains at your sole risk and the responsibility of the Third-Party Pharmacies.
  5.      Although some of the content provided on the Website, including information given in response to your questions or posts, may come from individuals in the medical profession, this does not establish a doctor-patient relationship. The content is intended to inform you about various medical conditions, diagnoses, and treatments and does not constitute direct medical advice, treatment, or prescriptions. Everything on the Website should be used for informational purposes only.
  6.        Arogyamithra is designed to support the health decisions and choices you make. Your decisions, with guidance from your doctor or healthcare provider, are yours to make. We do not make decisions for you but provide reliable and relevant general health information and connect you with doctors for in-person consultations. Medical Experts on Arogyamithra can provide informational answers to your health-related questions.
  7.      Even if your real-life doctor is on Arogyamithra, personal medical advice, treatment, or diagnosis is not permitted through the Website. By using the Website, you agree not to solicit or use any information as personal medical advice, treatment, or diagnosis. For personal medical advice, treatment, or diagnosis, you should contact your physician or professional healthcare provider and see them in person.
  8.      We do not recommend or endorse any specific Medical Experts, tests, products, procedures, opinions, or other information mentioned on the Website. Reliance on any information provided on the Website is solely at your own risk. In case of any medical emergency, please contact your nearest doctor/hospital or relevant helpline.
  9.         The Services are not intended for use in medical emergencies or critical health situations requiring immediate medical attention. The Services are not real-time and may not be suitable when a face-to-face consultation is necessary. We strongly discourage delaying seeking advice from your doctor based on information you may have seen or heard on the Website. You are responsible for ensuring the accuracy of information submitted, and Arogyamithra makes no effort to validate such information for content, correctness, or usability.
  10.         The opinions, statements, answers, and consultations provided by Medical Experts through the Website are their individual and independent opinions and do not necessarily reflect the opinions of Arogyamithra, its affiliates, or any other organizations or institutions to which the Medical Expert may be affiliated or provide services. Arogyamithra does not endorse any specific tests, physicians, products, procedures, opinions, or other information mentioned on the Website.
  11.      Inclusion of professionals, specialists, or Medical Experts on the Website or in any professional directory does not imply endorsement. This information is provided as-is, and Arogyamithra disclaims all warranties, express or implied, including but not limited to merchantability and fitness for a particular purpose, regarding such information.
  12.         Arogyamithra, its owners, employees, Medical Experts, and third-party professionals offering Services through the Website accept no responsibility for any medical, legal, or financial events or outcomes related to the Services provided through the Website.
  13.    Arogyamithra makes no warranty that the Services will meet your requirements or be uninterrupted, timely, secure, or error-free. This includes any loss of data or service interruption caused by Arogyamithra employees. Arogyamithra is not responsible for transmission errors or data corruption.
  14.      The Website is for personal use, and the Services are intended to support individuals in making personal health decisions. You may use the Website for personal purposes but not for commercial purposes.
  15.      The Website may not be used for illegal purposes. The Information and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. Unauthorized access, including using another person’s login credentials, is strictly prohibited.
  16.      Your right to use the Services is non-transferable.
  17.      You are solely responsible for your interactions with patients or Medical Experts through the Website, and Arogyamithra assumes no liability or responsibility in this regard. Arogyamithra does not guarantee the accuracy, completeness, or correctness of information provided by clients, patients, users, Medical Experts, or any third party through the Website. The Services should not be used for emergency appointments.
  18.        Exchanges between Medical Experts and patients through the chat window or over the telephone, as well as e-prescriptions, may be monitored by Arogyamithra to ensure consultation quality.
  19.      Arogyamithra reserves the right to suspend a User's or Medical Expert's access to the Website while investigating complaints or alleged violations of these Terms of Use, or for any other reason. Arogyamithra may edit Medical Expert profiles to improve search suitability for patients.
  20.        The Services should not be relied upon as a substitute for consultation for diseases, as the consultations provided through the Website are generic and not diagnostic in nature. Physical consultations with a doctor are essential.

4.OTHER TERMS:

1. Your Profile, Collection, Use, Storage and Transfer of Personal Information:

  1.      Your Arogyamithra profile is designed to store records of your consultations and personal health information online, encompassing your medical history, health conditions, allergies, and medications.
  2.      Any information provided during a web consultation or gathered through the services you use will be added to your Arogyamithra record. You agree to provide accurate information to ensure optimal service delivery. Periodic reviews and updates of this information are encouraged. Arogyamithra reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the website according to its internal record retention and destruction policies.
  3.      You may receive email notifications to review and update the information in your Arogyamithra record or to avail of our services. Please ensure that your email address is valid and kept up to date.
  4.      For more details on how your information is used, please refer to our Privacy Policy. The terms "personal information" and "sensitive personal data or information" are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and are outlined in our Privacy Policy.
    1. The Privacy Policy sets out:
      1. The types of data gathered from users, encompassing sensitive personal details.
      2. The objectives, procedures, and methods of handling this information.
      3. The manner and recipients of the information disclosure by Arogyamithra.
    2. Reading and understanding the Privacy Policy will help users to be aware of:
      1. Users should be informed that their data is being gathered.
      2. The reason for gathering the data should be clearly stated.
      3. It should be specified who will receive the collected data.
      4. The name and address of the collecting agency, as well as the agency that will store the data, should be provided.
      5. Users should be made aware of their rights regarding their data.
      6. Arogyamithra is not responsible for verifying the authenticity of the personal or sensitive information provided by Users to Arogyamithra or any representative of Arogyamithra.
      7. By using the Website, Users agree that their registration information and browsing history may be stored and submitted to relevant authorities, as outlined in the Privacy Policy. Details of the information collected during the registration process and the consent and revocation procedures are also provided in the Privacy Policy.
      8. Users are responsible for keeping their account access information and password confidential. They are accountable for all activities under their account and password, whether authorized by them or not. Any actual or suspected unauthorized use of their account or password must be immediately reported to Arogyamithra.
      9. If a User provides information that is false, inaccurate, outdated, or incomplete, or if Arogyamithra has reasonable grounds to suspect such, Arogyamithra reserves the right to suspend or terminate the User's account at its discretion.
      10. Arogyamithra may transfer User Information to its affiliates in other countries, with the User’s consent. The SPI Rules permit Arogyamithra to transfer sensitive personal data or information to another entity in India or abroad, provided the recipient ensures the same level of data protection as Arogyamithra and the transfer is necessary for fulfilling a lawful contract or with User consent.
      11. By accepting these Terms of Use and registering on the Website, Users agree to be contacted by Arogyamithra and/or its third-party service providers. Users consent to receive calls, emails, SMS notifications, and information, including promotions, discounts, and service-related messages from Arogyamithra and third-party service providers.

2. Payment, Fees and Taxes:

  1.      Registration and Access: Accessing and registering on the Arogyamithra Website is free of charge. Arogyamithra does not impose any fees for browsing, accessing, or purchasing through the Website. Payments for Pharmaceutical Goods and Services should be made directly to the respective Third-Party Pharmacies or to the Company if purchased directly from them. These Third-Party Pharmacies may collect payments personally or through authorized collection agents. You agree not to hold Arogyamithra liable for any losses or damages incurred due to actions or omissions by the Third-Party Pharmacies, collection agents, or any factors beyond Arogyamithra's control.
  2.      Diagnostic Services Payment: For diagnostic services obtained via the Website, Users must pay all applicable package fees, consulting fees, and other charges directly to the Third-Party Labs. These labs must adhere to the fee structure and cannot bypass it. The fees depend on the package purchased by the Third-Party Labs, not on the actual usage of the Services. Users agree not to hold Arogyamithra responsible for any losses or damages resulting from actions or omissions by the Third-Party Labs or circumstances beyond Arogyamithra's control.
  3.      Tax Responsibility: Users and Third-Party Service Providers are solely responsible for all tax payments, legal compliance, statutory registrations, and reporting. Arogyamithra is only responsible for its own income tax obligations.
  4.      Subscription Fees: Subscription fees for Services provided by Arogyamithra, if applicable, can be paid online via the Website. Third-party services are utilized for processing these online payments, and Arogyamithra is not liable for any loss or damage during this process as these services are beyond its control. Fees can also be paid offline, either collected personally or mailed to Arogyamithra's corporate office in Hyderabad.
  5.      Exclusive of Taxes: All fees are exclusive of applicable taxes.
  6.        Modification of Fees: Arogyamithra reserves the right to alter the fee structure. Any changes will be communicated through the Website and will be considered valid and accepted.
  7.      Payment Processing Details: To process payments, Arogyamithra may require User or Third-Party Service Provider bank account details or credit card numbers. Please refer to our Privacy Policy for information on how Arogyamithra handles confidential information.
  8.      Available Payment Methods: Available payment methods include - Razoroay, PhonePe, UPI methods such as BHIM, PhonePe, and GooglePay all debit and credit cards; and cash on delivery for offline payments.
  9.         Payment Charges: No additional charges are levied for payments.
  10.         Payment Service Providehttps://razorpay.com/support/r Contact Information
    1.      Contact details for payment service providers are as follows:
      1.       Razorpay: https://razorpay.com/support/
      2.       PhonePe: https://www.phonepe.com/contact-us/
      3.       MPESA UPI – BHIM: https://www.bhimupi.org.in/get-touch
      4.       GooglePay: https://support.google.com/pay/india/gethelp
  11.      Security Details for Payment Methods: Payments are secured through API integration.
  12.         Charge-back Options: Charge-back options are not available.
  13.    Security Details for Payment Method: Payments are secured through API integration.
  14.      Charge-back Options: Charge-back options are not available.

                          Return, Refund, Cancellation and Shipping charges:

Our products and services purchased through the Website are eligible for return and refund in accordance with the terms outlined in our Return and Refund Policy. This policy is a crucial component of these Terms of Use, and we advise Users to read it thoroughly.

3. Covenants: (Covenanters for the purposes of these Terms of Use shall include the Users and the Third-Party Service Providers)

1. Each Covenanter agrees that it will refrain from performing any action or posting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that -

  1.      belongs to someone else and to which the Covenantor has no lawful right.
  2.      is extremely harmful, offensive, or harassing based on gender, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of privacy, including bodily privacy, hateful, racially or ethnically offensive, disparaging, related to or promoting money laundering or gambling, or otherwise contrary to applicable laws.
  3.      violates any patent, trademark, copyright, or other proprietary rights.
  4.      contravenes any currently applicable law.
  5.      impersonates another individual.
  6.        is detrimental to children.
  7.      deceives or misleads the recipient regarding the source of such messages, or knowingly and intentionally conveys any patently false or misleading information that could reasonably be perceived as fact.
  8.      includes software viruses or any other computer code, files, or programs designed to disrupt, destroy, or restrict the functionality of any computer resource.
  9.         is prohibited under current applicable laws including the Drugs Act as read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended, and any regulations established under these laws.
  10.         is demonstrably false and untrue and is written or published in any manner with the intention to deceive or harass an individual, entity, or agency for financial gain or to cause harm to any person.
  11.      poses a threat to the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, public order, or encourages the commission of any punishable offense or obstructs the investigation of any offense or disparages any other nation.

2. You are also prohibited from:

  1.      Violating or attempting to compromise the integrity or security of the Website or any Arogyamithra Content is strictly prohibited.
  2.      Transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that disrupts or competes with the provision of Services by Arogyamithra is prohibited.
  3.      Intentionally submitting incomplete, false, or inaccurate information on the Website is not allowed.
  4.      Making unsolicited communications to other Covenanters is prohibited.
  5.      Using any engine, software, tool, agent, or other device (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website is prohibited.
  6.        Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Website is strictly prohibited.
  7.      Copying or duplicating any of the Arogyamithra Content or other information available from the Website in any manner is not permitted.
  8.      Framing, hotlinking, or deep linking any Arogyamithra Content is prohibited.

 

3.Upon becoming aware, either through independent discovery or notification by an affected party via written communication or email bearing an electronic signature, Arogyamithra may deactivate such information that violates this Clause 4 or any provisions within these Terms of Use. Arogyamithra reserves the right to retain such information and related records for a minimum of 90 days for potential disclosure to governmental authorities for investigative purposes.

4.Should a Covenanter fail to adhere to applicable laws, rules, regulations, or the terms outlined in these Terms of Use or the Privacy Policy, Arogyamithra retains the right to immediately terminate the Covenanter's access to or use of the Services and to delete non-compliant information.

4) Liability

  1.      Arogyamithra assumes no responsibility for any losses incurred by Users or Third-Party Service Providers due to disclosures made with consent, or prior to receiving revocation of such consent under the Privacy Policy.
  2.      Arogyamithra shall not be held liable for disclosures under Regulation 6 of the SPI Rules by the Other Parties.
  3.      The Services provided by Arogyamithra, or its licensors or providers are provided on an 'as is' basis, without any warranties or conditions, express or implied, including but not limited to merchantability, accuracy, fitness for a particular purpose, title, and non-infringement.
  4.      Arogyamithra disclaims responsibility for third-party websites linked on its platform, including their content, accuracy, reliability, and quality.
  5.      Arogyamithra is not responsible for missed services due to no-shows by Third Party Service Providers, nor for errors in services provided by them.
  6.        Arogyamithra does not guarantee the merchantability, fitness for purpose, accuracy, non-infringement, or legal title of goods or services provided by Third Party Service Providers on its platform.
  7.      Arogyamithra does not verify content provided by Users or Third-Party Service Providers and disclaims liability for reliance on such content or any opinions expressed on its platform.
  8.      Arogyamithra is not liable for damages to equipment or viruses that may occur due to access or use of its website.
  9.         Arogyamithra is not liable for the order in which Third Party Service Providers are listed on its platform, which is based on various factors including user feedback.
  10.         To the fullest extent permitted by law, Arogyamithra and its affiliates shall not be liable for any damages arising from the use of its Website or related content, materials, and functions.
  11.      Arogyamithra is not liable for the provision of products or services by Third Party Service Providers, nor for user comments or feedback related to such products or services.
  12.         Arogyamithra disclaims liability for the validity of medical advice provided by Medical Experts and the legality of e-prescriptions or diagnostic test reports.
  13.    Users share medical history at their own risk; Arogyamithra may retain such information for service provision.
  14.      Arogyamithra facilitates interactions between parties but is not liable for decisions regarding medical consultations or prescriptions issued.
  15.      Arogyamithra acts as a platform facilitator and is not liable for losses arising from services offered through its website.
  16.      Arogyamithra's total aggregate liability to any party for damages arising from these Terms of Use or Website use shall not exceed INR 1000.
  17.      Arogyamithra is not liable for failures by Users or Third-Party Service Providers to provide agreed services, or for appointment cancellations or rescheduling, nor for user comments regarding Third Party Service Providers.

5) Indemnity

The Covenanters agree to protect, indemnify, and hold harmless Arogyamithra, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, including their directors, officers, and employees, from any claims, losses, liabilities, damages, and costs (including reasonable attorney fees) arising from their access to or use of the Website, violation of these Terms of Use or any applicable law, infringement of another person's or entity's rights, including intellectual property rights, or their conduct related to the Website.

6) Modification of Website

Arogyamithra may modify, suspend, or terminate the Website or any part thereof at any time, with or without prior notice, and other parties acknowledge that Arogyamithra bears no liability for such actions

7) Intellectual property rights

All intellectual property used on the Website, except for those explicitly identified as belonging to other parties, shall remain the exclusive property of the Company. The Other Parties agree not to bypass, disable, or otherwise interfere with security features of the Website, or features designed to prevent or restrict the use or copying of any materials, or enforce limitations on the use of the Website or its materials. The materials on the Website or otherwise may not be altered, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or other methods.

8) Compliance of Applicable Law

  1.      During interactions on the Website, all parties involved must adhere to the Contract Act, IT Act, IG Guidelines, Drugs Act along with Drug Rules, Drugs and Magic Act, Indian Medical Council Act (1956) and Rules (1957), Pharmacy Act, Consumer Protection Act (1986), SPI Rules, and other applicable laws. They are also responsible for ensuring the payment of applicable taxes. It is imperative that they do not engage in the purchase of Pharmaceutical Goods and Services or Prescription Drugs without a valid prescription, as prohibited under current laws.
  2.      Users are required to ensure that any prescription uploaded on the Website or sent via email to Arogyamithra for processing orders of Prescription Drugs is valid and obtained from a registered medical practitioner. Users acknowledge and agree that they will be liable for any costs, damages, or liabilities incurred by Third Party Service Providers or Arogyamithra due to the dispensation of Prescription Drugs resulting from the user's failure to comply with this requirement.             

9) Termination (Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and Arogyamithra)

  1.      The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
    1.      In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by:
      1.       not accessing the Website; or
      2.       closing their accounts for all the Services that they use.
    2.      Arogyamithra reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
      1.       Violate any applicable law, including the Captioned Laws or the terms outlined in these Terms of Use, Privacy Policy, or any other relevant policies.
      2.       Arogyamithra cannot verify or authenticate the information provided by Other Parties.
      3.       Arogyamithra, at its sole discretion, believes that the actions of Other Parties may result in legal liability for Arogyamithra or go against the interests of the Website.
      4.       Arogyamithra is compelled to do so by law.
      5.       If Other Parties fail to provide or later withdraw necessary consents for Arogyamithra to provide Services.
      6.       Arogyamithra no longer finds it commercially viable to provide Services to Other Parties or the public.
      7.       Arogyamithra has chosen to discontinue access to the Website or Services (or any part thereof), with or without reason.

 

  1.       Arogyamithra reserves the right to terminate or suspend (temporarily or permanently) all or part of the Other Party(s) account or access to the Services, with or without cause. If terminated, this may include: (i) denying access to all features on the Website or related Services; and (ii) prohibiting further use or access to the Website or any Services by the Other Party(s).
  2.      Once terminated or suspended (temporarily or permanently), the Other Party(s) may not use the Website under the same account, a different account, or register anew.
  3.      Upon termination of these Terms of Use, Arogyamithra is not obligated to maintain or provide any of the Other Party(s)'s data and may, unless legally restricted, delete all data in its systems or otherwise under its control. This includes but is not limited to personal information, login credentials, order details (including any uploaded prescriptions), and associated files and materials within the Other Party(s)'s account.
  4.         Arogyamithra reserves the right, at its sole discretion, to pursue all legal remedies, including deleting the Other Party(s)'s content from the Website and barring access to the Services, if the Other Party(s) breach these Terms of Use or fail to verify/authenticate submitted information, or revoke necessary consents for Arogyamithra to provide Services.

10) Force Majeure

Other Parties acknowledge that Arogyamithra shall not be held liable for any loss or damage incurred by the User due to delays, defaults, deficiencies, or failures in Services caused by natural disasters, fires, riots, civil disturbances, governmental actions or decrees, communication line failures (not attributable to Arogyamithra or Third-Party Service Providers), or any other events beyond Arogyamithra’s reasonable control ('Force Majeure Event'). In such cases, Arogyamithra, depending on whose performance is impacted under the Terms of Use, will promptly notify the Other Party(s) of the Force Majeure Event.

11) Governing Law and Dispute Resolution

This agreement shall be subject to Indian laws, without regard to conflict of laws principles. Any legal action or proceeding arising from the Other Party's access to, or use of, the Website or these Terms of Use shall exclusively fall within the jurisdiction of the courts in Telangana. All disputes shall be settled through arbitration in Hyderabad, conducted in English by a sole arbitrator appointed by Arogyamithra under the Arbitration and Conciliation Act, 1996.

12) Survival

Even upon termination, obligations outlined in Covenants, Liability, Indemnity, Intellectual Property, and Dispute Resolution shall persist and remain in effect.

13) Severability

If any provision of these Terms of Use is found to be invalid, unlawful, void, or otherwise unenforceable for any reason, that provision will be considered separate from these Terms of Use and will not affect the validity or enforceability of the remaining provisions.

14) Headings

The headings and subheadings provided here are for ease of reference only and do not aim to interpret, define, or restrict the scope, extent, or intent of these Terms of Use.

15) Contact Information

If any other party has any concerns, feedback, inquiries, or suggestions regarding our services, please reach out to our customer service team at care@arogyamithra.com For questions about Arogyamithra, the website, these Terms of Use, or related matters, please contact us at the same email address. You can also refer to our grievance redressal policy, accessible at https://arogyamithra.com/privacy-policy.

16) Account Deletion

Once you delete your account, it cannot be recovered. If you wish to use Arogyamithra services in the future, you will need to create a new account, which will not retain any previous order history.