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Terms and Conditions

Terms and Conditions

By registering and using the 1Tab website, you (the user) give your consent to abide by the terms as mentioned in our Terms and Conditions. These Terms and Conditions are applicable to the use of the domain name www.1tab.com, and the mobile application by the user. 1Tab is incorporated under the provisions of the Companies Act, 2013 (herein referred as ‘We’, ‘Company’, ‘Our’).If you do not agree with any of the terms, do not register or access this website.

Privacy:

  1. By accessing, browsing, availing any services, carrying out a transaction on the website, the user is bound by these Terms of Use.
  2. When the user accepts the Terms of Use, he/she also accepts to be bound by our Terms of Conditions, Privacy Policy, as well as other rules and guidelines as under the Applicable Law in India.
  3. We are responsible for the services that we offer but do not exercise any control over content, accuracy, quality of products etc. provided by the Third party.
  4. The privacy of user’s information is of utmost importance to us. We take reasonable measures to secure your personal data. For details, go through our Privacy Policy.
  5. We use temporary cookies to store certain data for technical administration, research and development and user administration. Whereas, we do not store personally identifiable information in the cookies.
  6. We store user’s registration information, browsing history followed by the user’s consent as mentioned in the Privacy Policy.

Registration:

  1. By registering, accessing and using the website, the user accepts the Terms of Use by the company.
  2. The services are offered to the user through various modes which shall include the issue of discount coupons and vouchers that can be redeemed for Third-Party Goods and Services.
  3. The user is required to register on the website in order to access the services hosted on the website. We are not under any obligation to accept a request for registration and reserve the right to suspend or terminate.
  4. By registering to use this website, the user confirms that the information provided during the registration process is accurate, complete and in compliance with Applicable Law. The user agrees to update the registration details promptly if there are any changes. All registration information you provide will be kept securely and processed in accordance with our Privacy Policy.
  5. During the registration process, the user may be required to choose a username and password which will be unique to you as we do not permit multiple people to share a single registration id. The user is responsible for keeping the username and password confidential and ensuring that they are not used by any other person.
  6. 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 purpose of procuring the services, on behalf of such persons. Any information with respect to the minor should only be provided to us by the minor’s parents or guardians.
  7. By accepting these Terms of Use by registering on the website, the user consents to agree and be bound by us and Third Party sellers. The user also gives the consent to receive emails and messages (SMS). However, if at any time the user wishes to unsubscribe from such e-mails/notifications, he/she can do so as per the directions indicated in the e-mails/ notification.

Ownership of Content:

  1. The contents on the website including information, text, graphics, images, logos, button icons, software code, design, the collection, arrangement and assembly of content, contains Third Party seller’s content (“Third Party Content”) as well as in-house content including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“1Tab’s Content”) is protected by copyright, trade mark and other intellectual property rights and laws throughout the world and is respectively owned by, or is licensed by us and/or Third-Party Sellers.
  2. The content in ‘Health Articles’, ‘Health Blogs’ and ‘Your Personal Information’, unless otherwise indicated is owned by a Third Party or if mentioned by us. We own the intellectual property rights of the website.
  3. If anyone does not comply with the above restrictions, we will pursue a claim against the person for any losses and costs (including legal costs) that we suffer.
  4. The user is permitted to display the content on a computer screen/mobile screen and, save for restricted access documents, to download and print a hard copy for personal use or for obtaining products or services but any alterations with the content is forbidden.
  5. The user agrees not to:
    1. copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of this website or the materials or software on it, or provided to the user through it without our prior written consent;
    2. use this website or any of the materials or software on it, or provided to you through it, for:
      1. any unlawful purpose or in contravention of applicable law;
      2. commercial exploitation without our prior written consent; or
      3. any purpose or in any manner that may give a false or misleading impression of us, our staff or our services
    3. use, upload or transmit:
      1. any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress, or which may affect or infringe the rights of any other person;
      2. any device, software, file or mechanism which may interfere with the proper operation of this website or our systems;
      3. decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through this website;
      4. do anything that may interfere with or disrupt this website or Our service; or
      5. encourage or permit others to do any of the above
    4. Any compulsory disclosure to be made if required by an order under any law for the time being in force or in response to any enquiries made by government agencies for verification of identity, or for the purpose of prevention or detection of any fraudulent act, investigation or prosecution, and towards punishment of any offence;
    5. Whereas, for the purpose of providing any reward/prize in return of the user’s participation in any contest or referral programs as initiated by 1Tab , the information of such participant or winner (user) will have to be disclosed to the third party; and
    6. to another third party as part of reorganization or a sale of the assets of the Company. The third party to which the Company transfers or sells its assets will have the right to continue to use the personal and other information that a User provides to us.
  6. We may monitor activity and content on this website and may take any action if we suspect any breach of these Terms of Use. We have the authority to take actions including suspending, attaching conditions to or terminating the user’s access and/or notifying the authorities or relevant regulators of the forbidden activities.

Accuracy of Information by User(s):

  1. The user while submitting his/her details at the time of registration, shall ensure:
    • submission of authentic, accurate, truthful and current information as per applicable law;
    • create only one account;
    • maintain and promptly update account information;
    • maintain the security of his/her account by not sharing the password with others and restricting access to the account and computer;
    • promptly notify us if he/she discovers or otherwise suspect any security breaches relating to the website; and
    • take responsibility for all the activities that occur under his/her account and accept all risk of unauthorized access.
  2. The information collected by the website might be used to contact the user for any further correspondences with respect to any order/query/transaction. We are not responsible or liable for the information shared by the user while availing the services.
  3. The userconsents to agree and bind by the Terms and Conditions when registering on the 1Tab website. By your consent, you allow us to use, process and disclose your sensitive personal information for the purpose mentioned in this Privacy Policy.
  4. We assure you that we do not sell, rent, share or provide any user’s sensitive personal information to any third party.
  5. We maintain the principles of fairness, objectivity, and responsible, independent reporting, regarding the information provided on our website pertaining to the services. However, the information provided is continually developing and, occasionally, the information may be out of date. Medical, commercial and legal practice change frequently and the Content is provided for general interest only and is not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For any clarification pertaining to the services, contact us at [email protected].
  6. We do not give any assurance that the Third- Party Goods and Services provided or made available through this website are suitable for the requirements or that they will be secure, error or virus free .We will have no liability, in many manner whatsoever in respect of Third- Party Goods and Services. The content on the website should be used for information purposes only.
  7. Medical Information : The website is not a place for the practice of medicine, but third-party registered medical practitioners (“Medical Experts ”) on the website can be a resource for reliable, relevant general health information. Consultation provided by Medical Expert is not related to us and we will not be vicariously liable for any advice or medical consultancy or any loss arising from the consultation/advice provided from the Medical Experts.
  8. The website will not be used for illegal purposes. The user may not access our networks, computers, or the content and services in any manner that could damage, disable, overburden, or impair them, or interfere with any other user’s use and enjoyment.
  9. The user may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the website, the content or services.
  10. The user may not use any automated means (such as a scraper) to access the website, the content, or services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her website profile/ account. Any attempt by any individual or entity to solicit login information of any other user to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

Security:

  1. We employ secure technology and follow reasonable security practices as prescribed by applicable law and as detailed in our Privacy Policy. However, internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information that the user sends to us from this website may be intercepted and potentially read by others.
  2. We will have no liability, in any manner whatsoever in respect to any transmissions that the user sends to us and is entirely at the user’s own risk. The user will promptly notify us if he/she discovers or otherwise suspect any security breaches relating to the website or the information provided by the user.

Limitation of Liability:

General -

  1. We will not be liable for any loss or damage (in contract, negligence or otherwise)
    1. where there is no breach of a legal duty of care owed to the user by us;
    2. where the loss or damage is not a reasonably foreseeable result of any such breach;
    3. for the authenticity and genuineness of Third-Party goods and services being facilitated through the website;
    4. for any loss or damage or increase in loss or damage resulting from a breach by the user to these Terms of Use.
  2. To the maximum extent permitted by applicable law(s), we, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to,
    • the use of, or the inability to use, the website or the content, materials and functions related thereto; and/or
    • to user's provision of information via the website; even if such protected entity has been advised of the possibility of such damages.
  3. In no event shall the Protected Entities be liable for, or in connection with,
    1. the provision of, or failure to provide, all or any products or service by Third Party sellers to any user ; or
    2. any comments or feedback given by any of the user in relation to the goods or services provided by any Third Party sellers; or
    3. any content posted, transmitted, exchanged or received by or on behalf of any user, Third Party sellers or other person on or through the website.
  4. With respect to the consultation services, after selection of the type of treatment viz. Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, we will decide the registered medical practitioner to whom the query should be directed based on the information shared by the user. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any consultation provided and/or e-prescription issued by the registered medical practitioner by using the interface of online medical consultancy.
  5. In no event shall the total aggregate liability of the Protected Entities to any other parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Use or any other parties’ use of the website exceed an aggregate amount of INR 500/- (Indian Rupees Five Hundred only). We do not accept any liability for any errors or omissions on behalf of other parties.
  6. In no event shall the Protected Entities be liable for failure on the part of the users or Third-Party sellers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the users in relation to the services provided by a Third -Party sellers.

Limitation of Liability of the Company for Third-Party Sellers:

  1. We facilitate the sale of Third-Party Goods and Services through the website. The user understands and agrees that 1Tab merely provides hosting services to the user. All Third-Party goods and services and Third-Party content offered for sale on the website, is third party user generated content and third-party products. We have no control over such Third-Party content and Third-Party goods and services.
  2. We do not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission pertaining to Third-Party goods and services or Third-Party content. The authenticity and genuineness of the Third-Party goods and services made available by the Third-Party sellers through the website shall be the sole responsibility of the Third-Party Sellers. The user understands and agrees that we have no liability, in many whatsoever with respect to the authenticity of the Third-Party goods and services and Third-Party Content being facilitated through the website. We accept no liability for any errors or omissions on behalf of the Third Parties (defined hereinafter).
  3. We will not be responsible or liable in any manner to the other parties for any losses, damage, injuries or expenses incurred by other parties as a result of any disclosures made by us, consented by other parties. If the other parties had revoked such consent under the terms of the Privacy Policy, then we will not be responsible or liable in any manner to the other parties for any losses, damage, injuries or expenses incurred by the other parties as a result of any disclosures made by us prior to its actual receipt of such revocation.
  4. The other parties shall not hold us responsible or liable in any way for any disclosures by us under Regulation 6 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011.
  5. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect other parties’ equipment on account of their access to, use of, or browsing the website or downloading any material, data, text, images, video content, or audio content from the website. If any of the other parties is dissatisfied with the website, the sole remedy is to discontinue using the website.
  6. The users accept and acknowledge that we do not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the Third-Party goods and services and Third-Party content, including any guarantee or warranty that such Third-Party goods and services and Third-Party content :
    • are merchantable;
    • fit for the purpose of which they are to be (or have been) purchased;
    • have accurate description;
    • do not cause any infringement; and
    • that the Third Party sellers have legal title over the Third-Party goods and services being offered for sale by them on the website.

Modifications:

  1. In case of any change in the user’s information, the user can easily make any alterations as required by communicating the same to us on the given email-id [email protected] or at the contact details.
  2. We reserve the right to modify or discontinue, temporarily or permanently, the website or any features or portions thereof without prior notice. Users and Third -Party sellers agree that we will not be liable for any modification, suspension or discontinuance of the website or any other part thereof. The user might be contacted via email to review the information provided for our record or for the services. Please make sure that the user provides a valid email-id and update it as and when needed.

Listing of Third-Party Goods and Services:

  1. For the purposes of availing the services and/or transacting with the Third-Party sellers through the website, the user is required to obtain registration, in accordance with the procedure established in this regard. As part of the registration process, we may collect the following personal information from the user such as:
    1. Name;
    2. User ID;
    3. Email address;
    4. Address (including country and ZIP/postal code);
    5. Gender;
    6. Age;
    7. Phone Number;
    8. Password chosen by the User;
    9. Valid financial account information;
    10. Prescription(s) uploaded or otherwise provided by Users(as necessary); and
    11. Other details as the User may volunteer.
  2. The users should review the Privacy Policy of the Third Party sellers. We will not be liable or responsible, in any manner for any practices or policies of Third Party Sellers.
  3. The users agree and acknowledge that the website is a platform that the user and Third Part sellers utilize to meet and interact with another for the transactions undertaken between the user and Third Party sellers. We are not and cannot be a party to or save as except as may be provided in these Terms of Use, control or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between the user and the Third Party sellers.
  4. Third Party goods and services offered for sale on the website by the Third Party sellers shall strictly be a bipartite contract between the Third Party seller and the user.

Title to Third Party Goods and Services:

  1. We do not make any representation or warranty as to the legal title of the Third Party goods and services offered for sale by the Third Party sellers on the website. We do not have any obligations or liabilities in respect of any transactions on the website. Any right, title, claim or interest in the Third-Party goods and services sold through or displayed on the website shall not vest with us.
  2. The users agree and acknowledge that the ownership of the inventory of such Third Party goods and services shall always vest with the Third Party sellers, who are advertising or offering them for sale on the website and are the ultimate sellers. They shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party sellers do not have the sole and exclusive legal ownership over the Third Party goods and services that have been offered for sale on the website.
  3. The property and title in the Third-Party goods and services ordered by the user shall stand immediately transferred upon their dispensation and the raising of the invoice by the concerned Third-Party seller and the sale is concluded then and there itself.
  4. The invoice in relation to the Third-Party goods and services that are required to be delivered to the user shall be issued by the concerned Third Party seller which is to process and satisfy the order for such Third Party goods and services.

Delivery Third Party Goods and Services:

  1. The Third-Party goods and services shall be delivered by the Third Party sellers or independent contractors. The user accepts and acknowledges that the Third Party sellers or such other transporter/ courier/ delivery personnel, engaged by the Third Party sellers or us, shall be independent contractors in-charge of the delivery of the Third Party goods and services from the concerned Third Party sellers to the address notified by the user, with no control over the Third Party goods and services and no additional obligation apart from standard delivery obligations and duty of care.
  2. The user further accepts and acknowledges that we do not engage in the distribution of the Third Party goods and services. They may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of Third Party goods and services from the concerned Third Party seller to the address notified by the user.

Non-Performance of Contract by Third Party Sellers:

  1. We are not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the user and the Third Party sellers for purchase and sale of Third Party goods and services offered by such Third Party sellers on the website. The sole responsibility is to ensure that the Third Party goods and services offered for sale on the website are kept in stock for successful fulfillment of orders received and are not out of stock or unavailable lies with the Third Party sellers.
  2. We do not guarantee that the concerned Third Party Sellers will perform any transaction concluded on the website and are not required to mediate or resolve any dispute or disagreement between the user and Third Party Sellers. In particular, we do not implicitly or explicitly support or endorse the sale or purchase of any Third Party goods and services on the website.

Waiver:

  1. No delay or decision not to enforce rights under these Terms of Use will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach by the Other Parties.
  2. 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 us.
  3. These Terms of Use may be revised from time to time by us in its sole discretion, by updating the revised terms on the Website with or without prior notice. The revised Terms of Use will take effect immediately upon being posted on the Website. It shall be your responsibility to check the terms of the Terms of Use to ensure your agreement with the terms of the Terms of Use and your continuation of the use of the Website shall be deemed to be your acceptance for changes made by us to this Terms of Use.

Prescription Order:

The following terms apply to our prescription ordering service:

Prescriptions –

  1. If the prescription is of a person other than the user, he/she will need to have the authority of the person whose prescription it is to have it dispensed. By placing an order to dispense another person’s prescription the user confirms that they have their authority to do so.
  2. We only accept prescription orders from the users who are 18 years old or over although they may order prescriptions for persons who are under 18. By placing an order, the user confirms that he/she is at least 18 and legally eligible to contract.
  3. We accept orders from and dispatch orders to addresses in selected locations in India.
  4. No order placed by any user will be binding until we have confirmed the order by phone, email or in writing. We reserve the right to reject any order. All orders are delivered subject to receipt of valid prescription and availability.
  5. When we receive an original prescription from the user, our pharmacist will verify it against the information. In the event that the information does not match with the original order as per the prescription, we may try to contact the user using the information in the registration. If we cannot contact the user and are unable to dispense the item(s) on the prescription order, we reserve the right to return the prescription.
  6. If the user places a prescription order and we do not receive the relevant original prescription, we will not have any liability to the user and it will be the user’s responsibility to contact us within 7 days.
  7. Validation of prescription services through a Medical Expert shall be made available to the user only upon request of the user and in the following situations:
    1. The existing prescription has expired and the user is unable to get an appointment with his registered medical practitioner;
    2. The prescription is not legible and the prescribing registered medical practitioner is unavailable to validate the prescription;
    3. The prescription is not as per the standards defined by Medical Council of India, including, missing doctor details, patient details etc; or
    4. If the prescription contains Schedule X drugs/Schedule H drugs / Schedule H1 drugs.
  8. The website is a platform that can be used by the users to purchase Third Party goods and services that requires a valid medical prescription issued by a medical expert/ doctor (“Prescription Drugs”). The order would not be processed and forwarded to the concerned Third-Party Sellers until we receive a copy of a valid prescription from the users. Third Party Sellers will verify the prescription forwarded by the user and in case of Third Party Sellers observe any discrepancy in the prescription uploaded by the user, the Third Party Sellers will cancel the order immediately.
  9. Upon acceptance of the offer by the concerned Third Party Seller, the Third Party goods and services would be dispensed in accordance with the terms of the order placed by the user. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party seller, wherever required under the applicable laws.
  10. Prescription medicines uploaded on the website requires a doorstep signature. They can only be dispensed once we have received the original paper prescription or online prescription from a registered doctor. All items are delivered to the address provided by the user in the registration or to an alternative address if directed by the user. The user acknowledges and accept that items will need to be signed for on delivery and authorize any person (competent to contract) at your chosen delivery address to sign for the items as the user’s authorized representative. In the event that the packaging is opened after delivery, we will have no liability to the user for lost or damaged items.
  11. The user understands and agrees that the validation of prescription provided herein are only on request and are intended for general purpose only and should not be used in case of medical emergencies and serious illness issue where prompt medical attention is recommended . At no point these services are intended to replace the physical consultation as they are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore we strongly discourage any delay in seeking advice from the doctor on account of something that the user may have heard/viewed on the website. The user takes full responsibility for ensuring that the information submitted is accurate and we shall not make any effort to validate any information provided by the user for using the services with respect to content, correctness or usability.
  12. The user also agrees and understands that for providing the validation of prescription service we will have to share the prescription with our registered medical practitioner and by requesting the services the user confirms its consent to share his/her prescription with the Medical Expert. Upon the request of the user, the prescription of the user shall be shared with the Medical Expert. If the Medical Expert deems fit, he/she may validate the prescription shared with him/her of the user. However, at all time the Medical Expert has the discretion to refuse consultation or validation of the prescription if the Medical Expert is of the opinion that a physical consultation is required before a prescription is validated.
  13. The Medical Expert shall adhere to the confidentiality provisions and shall not in any manner disclose the secrets of a patient that he/she may have been learnt in the exercise of his/her profession.
  14. The user acknowledges and accepts that, in the absence of any drug, the concerned Third Party Seller would not dispense a substitute drug in place of the prescription drug unless a prescription of the substitute drug is provided by the user.
  15. We shall maintain a record of all the prescriptions uploaded by the users.
  16. The user agrees that the Medical Expert will use our technology for rendering the above services and shall share the information with us or the affiliated partners for rendering the services.

Offers, promotions, software and downloads:

  1. Offers and discounts on all healthcare products are limited to a particular period and subject to Terms of use.
  2. 1Tab and other ‘Third-Party’ sellers may occasionally promote their goods and services on the website. We do not endorse ‘Third Party Goods and Services’ and their assurance for their suitability to your needs. It is the responsibility of the customer to satisfy in this regard and we have no liability in connection with the same.

E-Consultation with the Medical Expert:

  1. By downloading, registering and accepting the Terms of Use, the user can book appointments with a Medical Expert and discuss their health-related issues, opinion on the diagnostic reports, obtain e-prescription for their medical needs and avail other healthcare services. E-Consultation can be provided through video conferencing or otherwise in other media that we may at our sole discretion provide the options to the user based on the availability of the Medical Expert.
  2. Please note that E-Consultation services are provided at the express consent by the user and the same shall not be construed as a replacement for physical consultation. The user is warned not to use E-Consultation services in times of emergency and any medical services that require further diagnostics and physical inspection.
  3. This website is not a place for the practice of medicine, but the Medical Expert can be a resource for reliable, relevant general health information. The user should contact the physician or professional healthcare provider and see them in person in case of doubt.
  4. As with any medical procedure, there are potential risks associated with using the services. By using the services, the user agrees to abide by these Terms of Use, Privacy Policy and risks attached to it.
  5. The user agrees that E-Consultation is not a substitute for physical consultation and the services are meant for general consultation only. If after the E-consultation, the Medical Expert recommends any diagnostic tests to be undertaken or issues a prescription, the same are provided based on the information and preliminary examination by the Medical Expert, hence the same shall not be treated as accurate, final and conclusive. Medical Expert reserves their rights to modify the prescription or recommended diagnostic tests if the user provides any additional information in future consultation.
  6. While rendering E-Consultation, the Medical Expert will require to know the age, sex, previous and existing health conditions, symptoms, past medical history, physical examination (if directed by the Medical Expert) etc. All the information with respect to the user’s history, consultation records, medical record and prescriptions issued by the Medical Expert will be saved and the same may be used for rendering services as may be required by the user from time to time.
  7. Services offered by us are intended for direct use of the user or their family members, but the same cannot be used for rendering services to third parties. We act as an intermediary to provide technology and applications to connect the user and the Medical Expert on one platform and does not endorse, recommend or authorize the action of any Medical Expert. Any claims or liabilities arising from the use of the services between the user and the Medical Expert shall be resolved directly by the user and the Medical Expert, we disclaim all liabilities arising from use of the services by the user.
  8. The opinions, statements, answers and tele-consultations provided by the Medical Experts through the Website are solely the individual and independent opinions. The statements of such medical experts do not reflect our opinions or that of our affiliates.
  9. We do not recommend or endorse any specific Medical Expert, tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the website is solely at the user’s risk. In case of any medical emergency, kindly contact the nearest doctor/hospital or any related helpline.
  10. Any information on Medical Expert should not be intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Expert contained therein. Such information is provided on an ‘as-is’ basis and we disclaim all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.

Booking an Appointment:

  1. The user does not have the ability to choose a Medical Expert of his/her choice. We will direct the request for E-consultation to the Medical Expert available in the specialized subject.
  2. We do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be provided by the Medical Expert. During the process, the user has the choice to either proceed with the consultation or withdraw from the services.
  3. Acceptance of the Terms of Use and booking an appointment by the user entitles us to unconditionally store and share all the information of the user with the Medical Expert and store such information and/or conversation of the user with us or the Medical Expert.
  4. All the information stored by us will be secured and maintained in compliance with the laws applicable in India.

Indemnity:

  1. The Other Parties agree to defend, indemnify and hold harmless the Protected Entities, 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 the Other Parties:
    1. access to or use of website;
    2. violation of these Terms of Use or any applicable law(s);
    3. violation of any rights of another person/ entity, including infringement of their intellectual property rights; or
    4. conduct in connection with the website.

Return and Refund Policy:

  1. We offer return and refund on the Third-Party Goods and Services ordered by the user on the website which are subject to further terms and conditions as detailed in our return, refund, cancellation and shipping charges policy (Return and Refund 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.

Order, Acceptance, Delivery and Payment:

  1. The acceptance of an order by the users would only be undertaken by the Third Party sellers after the validation/ verification of the prescription by such Third Party seller (in case of Prescription Drugs) and the ascertainment of the available stock (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to the user.
  2. All orders are subject to acceptance and confirmation of delivery date and time. Mere receipt of the prescription or an order either directly from the user does not amount to acceptance of the order nor guarantee that the Third-Party Goods and Services will be delivered as per the requirement within a specific time.
  3. All orders are subject to availability of stocks. We reserve the right to share the prescription with its associated Third Party Sellers for fulfilling the prescription, who will dispense the Third Party Goods and Services as per the prescription and issue a valid sale receipt.
  4. All orders made by the users shall be subject to various laws, including Drugs and Cosmetics Act, 1940, as may be amended from time to time. We do not accept orders for certain drugs and cosmetics, unless the same is prescribed by the registered medical practitioner licensed by the Medical Counsil of India. We do not verify the authenticity of the orders placed by you, where the prescriptions are received directly from a registered medical practitioner licensed by the Medical Counsil of India or your family doctor, who has placed the order on your behalf after your authorization.
  5. All Third-Party Goods and Services will be delivered through a delivery agent without disclosing your personal information or prescriptions in compliance with the applicable laws either directly to the patient or its authorized person. The supply of any Third-Party Goods and Services shall be made against cash or credit memo generated through the website and such memos shall be maintained by us as a record.
  6. We request the user to verify the complete details and the documents provided before acceptance of Third-Party Goods and Services. Any complaints with regard to shortage of Third-Party Goods and Services, defects or otherwise will not be entertained by us and shall be resolved with the Third Party Seller(s).
  7. The user agrees that the pricesmentioned on the website are approximate estimates of the actual/exact price of the Third-Party Goods and Services. The actual/exact price of the Third-Party Goods and Services will depend upon its batch number and will be mentioned in the invoice dispatched to the user along with the order.
  8. In case a pre-payment has been made by the user based on the price estimate at the time of placing the order, should there be a shortfall upon generation of invoice, the user undertakes to pay the shortfall through any of the payment modes made available to the user by us.
  9. In case the payment made by the user is based on the price estimate at the time of placing the order is more than the price as per the generated invoice, the excess payment will be refunded back to the user in the bank account, credit card, debit card or any other source of payment which may have been used by user at the time of making the payment.

Delivery Policy:

  1. The Third-Party goods and services shall be delivered by the Third Party sellers or independent contractors. The user accepts and acknowledges that the Third Party sellers or such other transporter/ courier/ delivery personnel, engaged by the Third Party sellers or us, shall be independent contractors in-charge of the delivery of the Third Party goods and services from the concerned Third Party sellers to the address notified by the user, with no control over the Third Party goods and services and no additional obligation apart from standard delivery obligations and duty of care.
  2. The user further accepts and acknowledges that we do not engage in the distribution of the Third Party goods and services, and may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of Third Party goods and services from the concerned Third Party seller to the address notified by the user.

Direct payments to Third Party Sellers:

  1. The user agrees to make all payments directly to the respective Third-Party sellers for purchase of Third-Party Goods and Services from such Third-Party sellers. The Third-Party sellers may choose to either personally collect such payment from the user or may use the services of collection agents duly appointed in this regard.
  2. The user agrees and acknowledges that he/she shall not hold 1Tab responsible for any loss or damage caused during the process, due to any acts or omission on the part of third parties viz. the Third Party Sellers or the collection agents or for any actions/ omissions which are beyond our control.
  3. The users are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. We are in no way responsible for any of the taxes except for their own tax obligations.
  4. We reserve the right to modify the fee structure by providing on the website which shall be considered as valid and agreed communication.
  5. In order to process the payments, we might require details of the user’s / Third Party sellers' bank account, credit card number etc. Please check our Privacy Policy on how we use the confidential information provided by the users.

Covenants of Other Parties:

  1. The users respectively undertake that they shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –
    • belongs to another person and to which the such other party does not have any right;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
    • violates any law for the time being in force;
    • impersonates another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • is prohibited under applicable law(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; and
    • 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.
  1. The other parties are also prohibited from :
    • violating or attempting to violate the integrity or security of the website or any of the 1Tab's Content;
    • transmitting any information (including job posts, messages and hyperlinks) on or through the website that is disruptive or competitive to the provision of our services;
    • intentionally submitting on the website any incomplete, false or inaccurate information;
    • making any unsolicited communications to the other party;
    • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the website;
    • attempting to decipher, decompile, disassemble or reverse engineer any part of the website;
    • copying or duplicating in any manner any of our content or other information available from the website; and
    • framing or hot linking or deep linking any of our content.
  1. We upon obtaining knowledge ourselves or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information, shall be entitled to disable such information that is in contravention of applicable laws or any provisions of these Terms of Use. We shall be entitled to preserve such information and associated records for at least 90 (ninety) days or such statutory period (whichever is longer) for production to governmental authorities for investigation purposes.
  1. In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by other parties, we have the right to immediately terminate the access or usage rights of the other party to the services and to remove noncompliant information.

Notification of errors:

  1. The user should check the items dispensed promptly upon receipt. If the users believe there may have been a dispensing error, the user should contact us immediately at [email protected] and should not take or use any of the items.

Confidentiality:

  1. The details collected from the users are stored in a secured electronic form on our system and that of our employees. We take all reasonable precautions to safeguard the information provided by the user. Reasonable security practices and other measures such as technical, operational and any other control measures are duly followed and practiced by us.
  2. The users shall keep their passwords and log-in information completely confidential. However, in the event the users suspect any suspicious activity or unauthorized use of their account, such as any unauthorized attempt to change the password or an attempt to login in the account, the same shall be communicated immediately by the user to our team.
  3. We employ all security standards to retain the records and information shared by the user and submits all such records/information as and when required or demanded by the respective user.
  4. Whereas, we shall not take over any liability pertaining to maintaining confidentiality of the user’s information in cases where the details of any user is obtained by any third party outside the scope of these Terms of Use.
  5. Further, for any breach of security or any other action taken by any third party, we will not be responsible for any such breach or action or happening of any event which is beyond our reasonable control, such as but not limited to, hacking of the computer system, any acts of government, computer crashes or poor internet connection etc.

Intellectual Property Rights:

  1. All the content on the website except those which have been identified as Third Party content , shall remain our exclusive property. The other parties agree not to circumvent, 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 content therein.
  2. The content 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.

Termination:

  1. The provisions of these Terms of Use shall continue to apply until terminated by us or the other parties as set forth 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 of the Services that they use.
    2. We reserve 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 sellers, if there is:
      1. breach any of applicable law(s); or
      2. we are unable to verify or authenticate any information provided to us by other party ; or
      3. we believe, in its sole discretion, that the user’s actions may cause legal liability for the Protected Entities or are contrary to the interests of the website; or
      4. we are required to do so by law; or
      5. if other parties fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for us to provide the services to the other parties; or
      6. The provision of the services to the other parties or to the general public, is in our opinion, no longer commercially viable; or
      7. we have elected to discontinue, with or without reason, access to the website or the services (or any part thereof).
  2. We may also terminate or suspend (temporarily or permanently) all or a portion of other parties accounts or access to the services, with or without reason. Except as may be set forth in any of the terms applicable to a particular service, termination of user’s account may include: (i) removal of access to all offerings within the website or with respect to the services; and (ii) barring the users from further use or access of the website or of any of the services.
  3. Once terminated or suspended (temporarily or permanently), other parties may not continue to use the website under the same account, a different account or re-register under a new account.
  4. Upon termination of these Terms of Use, we shall have no obligation to maintain or provide any of user’ data and may thereafter, unless legally prohibited, delete all of user’s data in its systems or otherwise in its possession or under its control, including but not limited to other parties personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside user’s account (or any part thereof).
  5. We reserve the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the user’s content from the website with or without ability to access the website and the other services, upon any breach by the other parties of these Terms of Use or if we is unable to verify or authenticate any information the other parties submits to us, or if the other parties fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for us to provide the Services to the other parties.
  6. The right to terminate/ suspend the account is in addition to, and without prejudice to, our right to initiate action against the other parties in accordance with applicable law.

Disclaimer:

  1. We do not warrant or represent that the material on this website is accurate, complete or current or that the website will be free of defects or viruses. Also, no warranty will be provided by us that the services will meet the user’s requirements, or that the services will be uninterrupted, timely, secure or error free. This includes loss of data or any service interruption caused by our employees. We are not responsible for transmission errors or corruption of data.  We do not in any case warrant that any results that may be obtained from the use of this website or any services offered through the website will be accurate or reliable.
  1. Nothing contained in the pages of this website should be construed as medical, commercial, legal or other professional advice. Detailed professional advice should be obtained before taking or refraining from any action based on any of the information or material contained in this website or any communications provided to the user as a result of the registration.
  1. We do not replace the user’s relationship with a registered medical practitioner or healthcare provider. The information interpreted should not be relied upon as a substitute for sound professional medical advice, evaluation or care from the user’s registered medical practitioner or other qualified healthcare provider.
  1. We disclaim any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and any type of inconvenience suffered by the user due to a failure on the part of the Medical Expert in providing the agreed services or to make himself/herself available at the appointed time, inappropriate treatment, or similar difficulties. Any misconduct or inappropriate behavior by the Medical Experts shall not be our liability in any manner whatsoever.

Survival:

  1. Even after termination, certain obligations as per their nature and as mentioned under Covenants, Limitation of Liability, Indemnity, Intellectual Property Rights, Dispute Resolution will continue and survive termination.

Force Majeure:

  1. We shall not be liable for any loss or damage caused to the users, to the extent, that the performance or delay in performance of any of its obligations are prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control and without the fault or negligence of such party, including but not limited to change in legislation, fire, flood, explosion, epidemic, accident, act of God, war, riot, strike, lockout, traffic or other concerted act of workmen and/or act of government. We have the sole discretion to withdraw the services or goods if a force majeure event occurs.

Governing Law, Jurisdiction and Dispute Resolution:

  1. These Terms of Use are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in New Delhi.
  2. All disputes will be subject to arbitration at New Delhi in English by a sole arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. The arbitration proceeding shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time).

Acceptance of Terms of Use:

  1. By clicking on the "I have read and accept the Terms of Use" box at the bottom, the user indicates his/her acceptance of the above Terms of Use and the user agrees to be bound by these Terms of Use set forth below including any additional guidelines and future modifications. If at any time the user does not agree to these Terms of Use wishes to terminate your registration, the user may not access or use the information and notify his/her intention to block the registration.

Communications:

  1. By using this Website, it is deemed that the user has consented to receiving calls, auto-dialed and/or pre-recorded messages or calls, at any time with the use of the telephone number that has been provided by the user for the use of this website, subject to the Privacy Policy.

DND:

  1. By accepting our T&C and privacy policies, and registering their phone number with us after proper authentication, the user has voluntarily authorized us to override the national Do-Not-Disturb Registry (DND). This means that even if the user’s registered phone number falls under the DND list of National Consumer Preference Registry (NCPR/NDNC), the user has willingly allowed us to call or contact them.

Notice:

  1. All our notices will be served by email or by general notification on the website.

Severability:

  1. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Assignment:

  1. The user cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Our rights under the Terms of Use are freely transferable to any third parties without the requirement of seeking the user’s consent.

If you have any concerns or queries, write to us at: [email protected]