The terms and conditions as set out herein (“Terms”) constitutes an agreement between SURYANSH MEDICALS, a company incorporated under the laws of India, having its registered office at manages and operates an online marketplace at www.vetbone.com and a mobile application under the brand name vetbone pharmacy (collectively referred to as the “Platform”) and a natural or legal person who accesses and/or uses the Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on the Platform (“Service(s)”), as updated from time to time.
By using the Platform, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the Platform. If you have any questions about the terms, please contact firstname.lastname@example.org Please note that your access to the Services, other Platforms or utilisation of Products (defined below), offers or promotions in relation to the Products and services as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the Platform and transaction or dealings thereon.
For the purposes of these Terms: (a) “Platform” means https://www.vetbone.com/ which includes its corresponding mobile application/wallet/ website/tablet/desktop or any other digital mode and/or operating system as provided by us, on which you may avail the Services and includes applications controlled and managed by us which interact with one or more such mobile applications/ wallets/ websites/ tablets and digital modes as provided by us; (b) “Products and Services” shall mean prescription medicines, over the counter medicines, beauty products, fast moving consumer goods, online doctor consultation and diagnostic tests and other products and services offered for sale to you on the Platform; and (c) ‘VET Doctor/registered VATERINARY practitioners’ shall mean any person permitted to practice medicine by the VCI (Veterinary Council of India) or any regional council for registration of vet Doctor/registered veterinary practitioners duly authorized by the government who will be verified and authenticated by us, (d) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the Platform and for purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF THE PLATFORM
- 1.1 The terms and conditions for usage of the Platform as set out herein (“Terms and Conditions”) specifically govern your access and use of the Platform, which provides a forum for you to inter alia enable you to discover, select and buy Products listed on the Platform at the indicated price at any time, from the locations serviceable by us.
- 1.2 Please note that we may from time to time change the Terms and Conditions that govern your use of the Platform. Every time you wish to use our Platform, please check these Terms and Conditions to ensure you understand the Terms and Conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platform or suspend the operation of the Platform for support or maintenance work, in order to update the content or for any other reason, at any time.
- 1.4 This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- 1.5 We authorise you to view and access the Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy (available here: [insert the hyperlink of the return and refund policy]therefore, grant you a limited, revocable permission to access and use the Services.
- 1.6 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
- REGISTRATION OF YOUR ACCOUNT
- 2.1 In order to purchase Products or avail the Services on the Platform and to use certain features of the Platform(e.g. ordering Products, posting rating/reviews, receiving our e-newsletters), you must set up an account with the Platform and provide certain information about yourself as prompted by the customer information form, including, your name, gender, email address, account password, mobile phone number and billing/shipping address. You will be eligible to further access and avail the Services only upon receipt of a confirmation e-mail from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration. The installation and use of this Platform is free of cost and this includes only the usage of certain services of the Platform. However, in the event, you use the Platform to choose a Doctor/registered medical practitioners and book an appointment, you shall be required to pay for the consultation. In case of video or phone consult, you shall be required to pay for the consultation prior and in the case of clinical consultation, the patient shall pay after consulting the Doctor/registered medical practitioners.
- 2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
- 2.3 You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms and Conditions. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.
- 2.4 You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.
- 2.5 It is your responsibility to keep your email address up-to-date on your account setup at the Platform so that we can communicate with you electronically.
- COMMUNICATION AND UNSUBSCRIPTION
- 3.1 By accepting the Terms and Conditions, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
- 3.2 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.
- DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
4.1 You understand that the user can utilize the Platform to locate vet Doctor/registered veterinary practitioners and make appointments for consultation. Even though we take all the necessary steps to verify the authenticity of the vet Doctor/registered veterinary practitioners, you understand and agree that we shall not be liable for any deficiencies including but not limited to misconduct, injury caused or lack of knowledge from the end of the vet Doctor/registered veterinary practitioners. We are not a party to such interaction and take no liability that arises from any such acts of the vet Doctor/registered veterinary practitioners.
4.2 Healthcare Services: All of the Treating Providers who deliver Services through the Platform are independent professionals solely responsible for the services each provides to you. The Platform does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither the Platform nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Treating Provider via the Services.
4.3 Informed Consent: The telehealth Services you receive from Treating Providers are not intended to replace a primary care veterinarian relationship or be your permanent vet medical home. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed and continue to consult with your primary care veterinarian and other healthcare professionals as recommended. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
4.3.1 In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Treating Provider;
4.3.2 Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;
4.3.3 In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
4.3.4 Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.
4.4 By accepting these Terms and Conditions, you acknowledge that you understand and agree with the following:
4.4.1 You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured;
4.4.2 Your Treating Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Platform;
4.4.3 With respect to psychotherapy, you are entitled to receive information from your Treating Provider about the methods of therapy, the techniques used, the duration of your therapy (if known), and the fee structure. You can seek a second opinion from another therapist or terminate therapy at any time;
4.4.4 With respect to psychotherapy, if you and your Treating Provider decide to engage in group or couples therapy (collectively “Group Therapy”), you understand that information discussed in Group Therapy is for therapeutic purposes and is not intended for use in any legal proceedings involving Group Therapy participants. You agree not to subpoena the Treating Provider to testify for or against other Group Therapy participants or provide records in court actions against other Group Therapy participants;
4.4.5 You understand that anything any Group Therapy participant tells the Treating Provider individually, whether on the phone or otherwise, may at the therapist’s discretion be shared with the other Group Therapy participants. You agree to share responsibility with the Treating Provider for the therapy process, including goal setting and termination;
4.4.6 You can send messages to your Treating Provider by contacting Customer Support (by emailing to email@example.com). If you are experiencing a vet medical emergency, you should call the emergency ambulance number or go to the nearest emergency room;
4.4.7 All communication between the vet Doctor/registered veterinary practitioners and you is a separate transaction which includes without any limitation all warranties related to consult and after consult services related to consult. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication. We do not endorse any specific vet Doctor/registered veterinary practitioners on the Platform nor place any guarantee as to its quality and value. Any such recommendations that are done are done by other users and the Company does not verify or acknowledge the same;
4.4.8 Further we may suggest treatments or services in accordance with your information within our knowledge but we do not guarantee any effectiveness or success upon using these services. Subject to the above sub-clauses, a contract exists between the vet Doctor/registered veterinary practitioners and you and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the vet Doctor/registered veterinary practitioners and you and we are in no way a party to such breach or involved in any suit claim/negligence/damages etc arising from the same breach;
4.4.9 Even though we authenticate and approve the vet Doctor/registered veterinary practitioners, you are expected to check and satisfy the creditworthiness of the vet Doctor/registered veterinary practitioners and the genuineness of the skill. We are not liable for the same;
4.4.10 We are in no way liable for any deficiency of services if any arises including but not limited to cancellation of order due to any unavailability of the vet Doctor/registered veterinary practitioners . We are not liable for the general conduct of the vet Doctor/registered veterinary practitioners and we shall not be liable for any unwarranted act performed by the vet Doctor/registered veterinary practitioners . You are advised to ensure your safety and the safety of your belongings;
4.4.12 You release and indemnify us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence;
4.4.13 The parties hereby agree that the Platform shall not be held liable neither to the vet Doctor/registered veterinary practitioners nor the Patients/users for any offer of service/consultation/ communication made between them for whatsoever reason it may be. Further the Platform shall not be held liable neither by the Doctor/registered medical practitioners nor the patients/users for any technical mishap of whatever kind;
6.2 The content on the Platform includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is our content (hereinafter referred to as ‘Content’). The Platform may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as we are merely an intermediary for the purposes of those content.
6.3 Other than that when expressly allowed, any use of our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
- PRESCRIPTION MEDICATION POLICY:
- 7.1 The Platform is a fully licensed and regulated pharmacy, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
- 7.2 The Platform shall not dispense any prescription medication without a valid prescription from a licensed physician.
7.3 If you are ordering prescription medication(s), you hereby confirm that you will send us a scanned copy of your valid prescription(s) via email, fax, WhatsApp, or by post, and this prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacists.
- 7.4 If our pharmacists have any questions or concerns about the prescription(s), you hereby authorize them to consult with an external network of doctors about the validity of the prescription.
- 7.5 The drug information provided in the Platform is for informative purposes only and this Platform is not intended to provide diagnosis, treatment, or medical advice. We are not liable for any adverse effects or harm caused to you as a result of your vetbone on the information in the Platform.
- 7.6 The Platform requires either the user or the Caregiver (defined under clause 7.7) to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from the Platform.
- 7.7 A Caregiver is a person who places the order with the help of a prescription on your behalf.
All the trade names associated with us and all Products and logos denoted with TM are our trademarks or registered trademarks or belonging to our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
- APPLICABLE LAW AND JURISDICTION:
These Terms and Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at jaipur,rajasthan for the resolution of all such disputes.
- FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
No provision in these Terms and Conditions will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and Conditions and the remainder of these Terms and Conditions will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided that, in such event, these Terms and Conditions will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
These Terms and Conditions are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms and Conditions as available on the Platform. Your relationship with the Platform will be governed by the most current version of these Terms and Conditions, as published on the Platform.
- 19.1 In addition to these Terms and Conditions, you will also ensure that you are in compliance with the Terms and Conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between itself and any such third parties.
- RETURN AND REFUND
Please review the Returns Policy and Refund Policy of the Platform, which applies to Products and services availed from us.
- PRODUCT AVAILABILITY
We list availability information for the Products on the relevant webpage of the Platform. Beyond what we say on that webpage or otherwise on the Platform, we cannot be more specific about availability. Please note that dispatch estimate is not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.
- PRODUCT PRICING
- 4.1 All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
- 4.2 Products in your shopping cart of the Platform will reflect the most recent price as displayed on the Product’s information webpage on the Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use the Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on the Platform only under the guidance of a parent or guardian.
- LIMITATION OF LIABILITY
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.
13.2 These Terms of Sale supersede all previous oral and written Terms and Conditions (if any) communicated to you by us, for the purchase of Product.