TERMS AND CONDITIONS

Please read the terms and conditions carefully before using this internet-based platform. You agree to be legally bound by all the terms described herein and terms are incorporated by reference. If you do not agree to all of the terms and conditions, please do not use/access this internet-based platform. In terms of Information Technology Act, 2000, this document is an electronic record and being generated by a computer system it does not require any physical or digital signatures.

 This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://www.darmedicare.com website and its mobile applications.

TERMS OF USE:

1. General Introduction (www.darmedicare.com):

1.1. The domain name https://www.darmedicare.com is an internet based platform and its mobile application (“Website”) is run, owned, operated and maintained by M/s. DAR Medicare (hereinafter to be referred as “Company” or “We” or “Our” or “Us”) having registered office at Dar complex, near CRPF camp, Wanpoh road, Kulgam chowk, Kulgam, J&K, India-192231, with GSTIN 01BBAPA2839M1Z2. The domain name and the mobile application are collectively referred to as the “Website”.

1.2. Your access or use of the Website/App, transaction on the Website/App and use of the services hosted or managed remotely through the Website/App, are governed by the following terms and conditions (“Terms of Use”), including the applicable policies which are incorporated herein by reference. The Terms of Use, read together with the Privacy Policy, that govern your purchase and use of the products and services from www.darmedicare.com, constitute a legally binding contract, between you (“You” or “Your” or “Customer” or “User”) and “Us” (www.darmedicare.com).

1.3. For the purpose of these Terms of Use, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person who visits our website. By accessing, browsing or in any way doing transactions on the Website, you indicate your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our policies, including the Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if you navigate a third-party website while you are being redirected from our website you have to abide the rules and regulations and Terms of Use of that/those website (s) and we will not be responsible for any data maintenance or such in this case.  

1.4. Wherever the context requires, the term ‘Doctor/registered medical practitioners’ shall mean any person permitted to practice medicine by the MCI (Medical Council of India) or J&K Medical Council for registration of Doctor/registered medical practitioners duly authorized by the government who will be verified and authenticated by us.

1.5. The Website/App is an internet-based platform that provides/facilitates online purchase of pharmaceutical & personal care products that are manufactured and distributed either directly by the companies or by any third-party pharmaceutical companies/distributors and manufacturers.

1.6. As a condition to browse/use the website, you must be 18 (eighteen) years of age or older to use or visit the website. By visiting the website or accepting these Terms of Use, you represent and consent to DAR Medicare that you are 18 (eighteen) years of age or older, and that you have the right, authority, and capacity to use the website and agree to abide by these Terms of Use.

1.7. You understand that the Website or mobile application you use is owned by Us. We may periodically upgrade the Website/App at any time for better and smooth working and the Terms of Use shall apply to such upgrades as well without any limitations.

1.8. We reserve 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. Your continued use of the website will automatically 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.

1.9. DAR Medicare authorizes you to view and access the content available on the Website solely for the purposes of availing the services, such as visiting, using, ordering, receiving, delivering, and communicating only as per these Terms of Use. Our content in the form or text, images, illustrations, videos, blogs, and such is our property and is protected under copyright, trademark, and other applicable law(s). You shall not modify our content or reproduce, display, publicly perform, distribute, or otherwise use our content in any way for any public or commercial purpose or for personal gain.

2. Creating an account & User eligibility:

2.1. To access and use our online platform (Website) or avail services and process transaction via our website/mobile application, you must set-up/register an account with DAR Medicare in accordance with the procedure established by DAR Medicare in this regard. As a part of the registration process, we would like to inform you that we may collect the following information from You and all your registration information collected in this regard are protected by our Privacy Policy.

1. Name
2. Email address
3. Billing/Shipping address including your pickup location.
4. Phone number
5. User ID
6. Gender
7. Age
8. Password chosen by User (which is encrypted)

2.2. The registration on or use/ access of the Website or mobile application is only available to natural persons, other than those who are ‘incompetent to contract’ under the Indian Contract Act 1872. Only persons who have attained ‘majority’ and who are in a position to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use are eligible to register on, or use/ access the Website or mobile application; which means, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website or mobile application.

2.3. By registering, accessing, or using the Website or mobile application; You accept the terms of these Terms of Use and represent and consent to DAR Medicare that You are ‘competent to contract’ under the Indian Contract Act 1872 and have the right, authority, and capacity to use the Website or mobile application and agree to and abide by these Terms of Use.

 2.4. A registered User with us having a valid User ID can only be utilized by the person whose details have been provided/registered with us and DAR Medicare does not permit multiple persons to share a single log in/ registration User 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 availing the Services, on behalf of such persons, provided such parent or legal guardian is competent under the Indian Contract Act 1872 are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members. Such organisations in any case should write to us at [email protected] for availing any of our services.

2.5. You represent and consent that the information you submit during registration process is factual and accurate and that you will maintain the accuracy of such information. You agree and acknowledge that you would (i) create single account; (ii) provide accurate, current and complete information when creating your account and in all your transactions through the Website or mobile application; (iii) maintain and promptly update your account information if & when needed; (iv) maintain the security of your account by not sharing your password and OTP sent by us with others and restricting access to your account and your computer; (v) you will be responsible for all the activities that occur under your account and accept all risk of unauthorized access.

2.6. Your account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your account. DAR Medicare will not be liable for any loss or damages because of your failure to maintain the confidentiality of your account credentials in whatsoever the case is. By creating this account, you agree to receive transactional and/or promotional communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving notifications/communications from us, you agree to notify us by email or alternatively change your notification setting in your account.

2.7. DAR Medicare at its sole discretion, reserves the right to suspend Users permanently or temporarily, to bar their use and access of the Website or mobile application, at any time while DAR Medicare investigates complaints or alleged violations of these Terms of Use or any Services, or if We have reasons to believe that the information you shared is/are inaccurate or for any other reason as We may deem proper at any time. You acknowledge that DAR Medicare reserves the right to terminate your account without any notice and suspend the account without assigning any reason. You represent and consent that you have read and understand these terms and agree that they shall be binding upon you and your allots, heirs and personal representatives. If you are the parent/legal guardian/authorised person for the patient disclosed herein, you affirm that you are over the age of majority and have full authority to sign for and provide the above representations to the DAR Medicare on patient's behalf.

2.8. It is your responsibility to keep your email address up to date on your account setup at our website so that we can communicate from time to time with you electronically.

3. PRODUCTS AND SERVICES:

3.1. The Website is a platform that facilitates, as an intermediary, the online requisition by the user for purchase of medicines, personal care, and health related products. These products are made available by third party/ies companies and we have no control over the content, quality, and related product details at all.

3.2. Prescription Drugs:

 The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”). To purchase Prescription Drugs through the Website, you are required to upload a scanned copy of the valid prescription on the Website or email the same to DAR Medicare. The order would not be processed until we receive a copy of a valid prescription. We will verify the prescription forwarded by You and in case we observe any discrepancy in the prescription uploaded by You, our pharmacist will contact you and if it’s not resolved, your order will not be processed.

3.3. Technology Platform for Pharmaceutical Products- We facilitate the purchase of drugs and other pharmaceutical products, personal care, nutraceutical products and services which include Over The Counter (OTC) and wellness products offered by third-party companies. We provide Website services like hosting and technology intermediary services to You and persons browsing/ visiting the Website. We have no control over third party user generated contents and/ Pharmaceutical Goods and Services 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 Pharmaceutical Goods and Services made available by the third-party companies through the Website shall be the sole responsibility of them not us. We shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website. We do not take any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale on the Website. The right, title, claim or interest in the products sold through the Website shall not vest with us.

3.4. Substitution of prescribed drugs- You acknowledge and accept that the order for a substitute of a prescription drug would only be processed if the doctor/medical expert has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the prescription drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name. You further acknowledge and accept that, in the absence of the above, we would not be able to dispense a substitute drug in place of the prescription drug.

3.5. Drug Delivery- The Pharmaceutical Drugs and Services shall be delivered by our delivery team or independent contractors. You accept and acknowledges that the courier/ delivery personnel, engaged shall be User Agent of the delivery of the Pharmaceutical Drugs and Services to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.

4. Privacy Policy:

Your individual identifiable information will be used in accordance with our Privacy Policy. To understand our practices, as to how we collect, use and disclose your personally identifiable information, please refer our Privacy Policy. We understand the privacy of all information You provide is of a primary importance. We take outmost care to use it carefully and sensibly.

5. Payment, Fees, and Taxes:

User registration on our website/mobile application and the access to the information and services provided on the Website is/are free. DAR Medicare does not charge any fee for accessing, browsing, and buying through the Website. You agree and acknowledge that You shall not hold DAR Medicare responsible for any loss or damage caused to You while using our services, due to any acts or omission on the part of Third-Party Pharmacy supplier and manufacturers which are beyond the control of DAR Medicare.

5.1.  The subscription fees for the Services, if any charged by DAR Medicare could be paid online through the facility made on the Website. Third parties support (payment gateway) and services are required to process online fee payment. DAR Medicare is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of DAR Medicare.  All fees are exclusive of applicable taxes.

5.2. DAR Medicare reserves the right to modify the fee structure for memberships by presenting on the Website which shall be considered as valid and agreed communication.

5.3 In order to process the payments, DAR Medicare might require details of User’s like bank account, debit card, credit card number etc. Please check our Privacy Policy on how DAR Medicare uses the confidential information provided by Users.

6. Security Policy:

All your transactions done via our website www.darmedicare.com  are secure. The payment gateway we use is one of the trusted way of payments in the country. Your personal information is encrypted by using Secure Sockets Layer (SSL) encryption technology, which ensures the privacy and security of your data.

7. Return, Refund, Cancellation and Shipping charges:

We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation, and shipping charges policy (“Return, Refund & Shipping Policy”). The Return and Refund policy forms an integral part of these Terms of Use, and the Users are requested to carefully read the same from time to time.

8. Limitation of liability:

In no event, our aggregate liability, 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.

9. License:

Unless otherwise stated, DAR Medicare owns the intellectual property rights for all material on DAR Medicare. All intellectual property rights are reserved.

You must not:

• Republish material from DAR Medicare
• Sell, rent or sub-license material from DAR Medicare
• Reproduce, duplicate or copy material from DAR Medicare
• Redistribute content from DAR Medicare

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website (for example; https://www.darmedicare.com/blog.php (blogs). DAR Medicare does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of DAR Medicare. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, DAR Medicare shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered because of any use of and/or posting of and/or appearance of the comments on this website. DAR Medicare reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

10. Hyperlinking to our Content:

The following organizations may link to our website without prior written approval:

• Government agencies.
• Search engines.
• News organizations.

Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

10.1 iFrames:

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

10.2 Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

10.3 Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

11. Miscellaneous:

Covenants: (Covenanters for the purposes of these Terms of Use shall include the Users and the Third-Party Service Providers (if any or whenever involved))

a. Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update, or share any information that;

b.  belongs to another person and to which such covenanter does not have any right;

c. is grossly harmful, insulting or harassing on the basis of gender, religious, regionalism, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

d. impersonates another person;

e. infringes any patent, trademark, copyright or other proprietary rights;

f. violates any law for the time being in force;      

g. is harmful to child;

h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

i. is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under;

j. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person; and

k. 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.

  You should also refrain from:

a. violating or attempting to violate the integrity or security of the Website or any of DAR Medicare’s Content;

b. trying to transmit any information (including job posts, messages and hyperlinks) on or through the website that is disruptive or competitive to the provision of Services by DAR Medicare.

c. intentionally submitting on the Website any incomplete, false or inaccurate information;

d. making any unsolicited communications to other Covenanters;

e. 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;

f.  attempting to decipher, decompile, disassemble, or reverse engineer any part of the DAR Medicare’s concept/Website;

g. copying or duplicating in any manner any of the DAR Medicare’s Content or other information available from the Website; and

h.  framing or hotlinking or deep linking any of the DAR Medicare Content.

DAR Medicare obtaining the information itself or if being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause, shall be entitled to disable such information that is in contravention of this Clause or any provisions of these Terms of Use. DAR Medicare 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 law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, DAR Medicare has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove non-compliant information.

11.1  Intellectual property rights:

All the intellectual property used on our website except those which have been identified as the intellectual properties of the other parties (who we have acknowledged as well in our acknowledgement section) shall remain the exclusive property of the Company. The other parties agree not to bypass, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

11.2 Indemnity:

The Covenanters agree to defend, indemnify and hold harmless towards DAR Medicare, the protected entities, 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) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website. In case of modifications in website DAR Medicare reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that DAR Medicare will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

11.3 Force Majeure:

Other Parties accept and acknowledge that DAR Medicare 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 DAR Medicare or the Third Party Service Providers in case these services are offered), or any other delay or default or deficiency or failure which arises from causes beyond DAR Medicare’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, DAR Medicare, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

11.4 Governing Law and Dispute Resolution:

 These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Jammu & Kashmir. All disputes will be subject to arbitration at Jammu & Kashmir in English/Urdu by a sole arbitrator appointed by DAR Medicare under the Arbitration and Conciliation Act, 1996.

11.5 Severability:

If any provision of these 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.

11.6 Waiver:

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by DAR Medicare. Any consent by DAR Medicare to, or a waiver by DAR Medicare of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

11.7 Headings:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of these Terms of Use.

12. Qualifying Order:

We care, support and understand our customers, we are here to help & benefit each other. We always strive to provide you unconditional ease and support, however the retail chain/conditions limit us to set a minimum qualifying order to continue our quality services for stronger and long-lasting relation. After a deep and qualitative market analysis of both our community structure and retail business, we have decided to set Rs. 249 as our minimum qualifying order for home delivery. We appreciate your support and understanding.

13. Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

a. limit or exclude our or your liability for death or personal injury;

b. limit or exclude our or your liability for fraud or fraudulent misrepresentation;

c. limit any of our or your liabilities in any way that is not permitted under applicable law; or

d. exclude any of our or your liabilities that may not be excluded under applicable law.

14. Contact Information:

If our customers have any comments, questions, or suggestions regarding any of our Services, please contact our customer service at [email protected] or [email protected]. If any other party(s) have any questions concerning DAR Medicare, our services, website, these Terms of Use, or anything related to any of the foregoing, DAR Medicare can be reached at the following email address [email protected] or via the contact information available at our website.

Call/WhatsApp: +91-9622242551.

We Thank you and wish you a healthy life!