Terms and conditions.
1) Domain Name-The domain name www.nayapharmacy.com , is an internet based portal operated by National Medical services consortium a trust registered in Guwahati .Assam ,hereinafter referred as “nayapharmacy” or “We” or “Our” or “Us” or “our organisation ”or “NMSC” . Our registered office address is, North East Diocesan Social Service Society, Joypur, Kgarghuli, and Guwahati, Assam 781004. By using this internet based 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 internet based platform.
2) The Website is a platform that facilitates online purchase of pharmaceutical products sold by various third party pharmacies, hospitals and manufactures.The primary objective of this platform is to link between the buyers and sellers for buying healthcare products and services through our platform to get the medicines and healthcare products at the best affordable prices and terms. Our platform does not sell products and all the sales and purchases are between the licensed pharmacies, hospitals and our partner retailers. Our platforms merely act as a mediator.
3) Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. As a condition to your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner.
4) Usage of the site-That you will use the services provided by www.nayapharmacy.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
5) You will provide true, accurate, complete and current information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), www.nayapharmacy.com has the right in its sole discretion to reject the registration and debar you from using the Services of www.nayapharmacy.com and / or other affiliated websites without prior intimation whatsoever.
6) The content available on the Website, including without limitation, text, copy, audio, video graphics etc. is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the third-party pharmacies on the Website. The Trust shall not be, in any event, held responsible or liable for any damages arising out of such content by third-parties.
7) Prescription Drugs - In order to purchase drugs and pharmaceutical products that require a valid prescription, you are required to upload a scanned copy of the valid prescription via email, or on the Website when the option is available or text messages, Whatsapp or any other digital platform of the Company. Third- Party Pharmacies will verify the prescription forwarded by you and fulfill your requirements.User accepts and acknowledges that the User’s or users Agent shall be responsible to collect the medicines ordered by User from the Licensed Retail Pharmacy.
8) We endeavours to provide you with correct information about the Products You require from various Third-Party Pharmacies and we make every effort to make sure that the pricing and availability displayed on our Website is accurate and up to date. However, rarely, there may be errors on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale.We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
9)Copyrights, Trademarks and other Intellectual Property Rights- the Website grants access to Users/Customers to view the content solely for visiting, ordering, and communicating only. All materials in this Website, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Website are copyrights and/or other intellectual properties owned by www.nayapharmacy.com. All other trademarks not owned by our organisation that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by www.nayapharmacy.com. You hereby agree that you will not reproduce, duplicate or copy the content for any purpose, unless you have been specifically permitted to do so in a separate agreement with this Website.
10) RELIANCE ON INFORMATION POSTED-Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
11) OUR SITE CHANGES REGULARLY-We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
12)OUR LIABILITY -That you using your best and prudent judgment before entering into any transaction through this Site doing so at your sole risk.The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
13)VIRUSES, HACKING AND OTHER OFFENCES-You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
14) LINKING TO OUR SITE-You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
16) Website Availability-We take all reasonable care to ensure the availability of the www.nayapharmacy.com Website 24 hours every day, 365 days per year. However, the Website may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. We do not warrant uninterrupted access to this Website or any linked website. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website.
17) JURISDICTION AND APPLICABLE LAW-These Terms and Conditions and your use of this Website and its content will be governed by and construed in all respects in accordance with the laws of India subject to the jurisdictional courts of Guwahati.
18)Severability-If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
19)No Waiver-No failure on the part of NMSC to enforce any part of these Terms and Conditions shall constitute a waiver of any of NMSC’ 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 us nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorised representative of NMSC shall have any legal effect whatsoever.
20)Submissions-Our organisation reserves sole discretion to accept, edit or reject any and all materials you may send to us collectively, "Submissions" as part of the features in the Website, including but not limited to, Ratings & Reviews etc. Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of our organisation. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
21) www.nayapharmacy.com does not endorse and is not responsible for any Submissions on its Website. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.
21)Force Majeure-Other Parties accept and acknowledge that our organisation 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 NMSC or the Third Party Service Providers or any other delay or default or deficiency or failure which arises from causes beyond our reasonable control (“Force Majeure Event”).
22)Termination-You agree that NMSC, 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 or suspension of your account may be effected without prior notice, and you agree that NMSC shall not be liable to you for any such termination. Your right to use the NMSC Website/Service immediately ceases upon termination of your access/use of the Website.
24)YOUR CONCERNS-If you have any concerns about material which appears on our site, please contact us National Medical Services Consortium, North East Diocesan Social Service Society, Joypur, Kharghuli, Guwahati, Assam .Pin781004 Email: firstname.lastname@example.org