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TERMS AND CONDITIONS
The domain name www. geetamart.com, an internet based portal and geetamart a mobile application, is owned and operated by GEETA TECH ,A PROPRIETORSHIP FIRM . (hereinafter referred to as “geetamart.com” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.
Your access or use of the Website, transaction on the Webs
The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies and manufactures (“Third Party Pharmacies”); (ii) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Pharmacies, the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. (The services of Third Party Services Provider and the information services is collectively referred to as the “Services”).
- the Indian Contract Act, 1872 (“Contract Act”);
- the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
- the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
- the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
- Pharmacy Act, 1948 (“Pharmacy Act”) and
- the Consumer Protection Act, 1986.
For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by geetamart.com in this regard. As part of the registration process, geetamart.com may collect the following personal information from You:
- User ID;
- Email address;
- Address (including country and ZIP/ postal code);
- Phone number;
- Password chosen by the User;
- Valid financial account information; and
- Other details as You may volunteer.
A registered id can only be utilized by the person whose details have been provided and geetamart.com does not permit multiple persons to share a single log in/ registration 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 procuring the Services, on behalf of such persons.
You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify geetamart.com if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by geetamart.com for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, geetamart.com may allow authorized third parties to place or recognize a unique cookie on the Your browser. geetamart.com does not store personally identifiable information in the cookies.
Through the Website, geetamart.com facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Pharmacies (“Pharmaceutical Goods and Services”). You understand and agree that geetamart.com and the Website merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party products. geetamart.com has no control over such 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 Pharmacies through the Website shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that geetamart.com shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.
The commercial / contractual terms include without limitation – price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services. . geetamart.com does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Pharmacies.
. geetamart.com does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with . geetamart.com nor shall . geetamart.com have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.
You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.
You accept and acknowledge the following:
- geetamart.com is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Pharmacies for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website;
- geetamart.com cannot and does not guarantee that the concerned Third Party Pharmacies will perform any transaction concluded on the Website;
- The Third Party Pharmacy(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, geetamart.com is not responsible if the Third Party Pharmacy(s) does not satisfy the contract for sale of Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and
- geetamart.com shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Pharmacies. In particular, geetamart.com does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.
Exhibition of drugs and publication of Third Party Pharmacies content on the Website.
- You agree and acknowledge that the respective Third Party Pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.
- The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
- You acknowledge and agree that such Third Party Pharmacies shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that geetamart.com provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that geetamart.com has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third Party Pharmacies on the Website. Further, it is hereby clarified that the Third Party Pharmacies are offering the Pharmaceutical Goods and Services for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold geetamart.com responsible or liable for any damages arising out of such reliance on third party user generated content by You.
Invitation to offer for sale
Transfer of Property and Completion of Sale
- Upon acceptance of the Offer by the concerned Third Party Pharmacy (being the brick and mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Pharmacy, wherever required under the applicable law(s).
- You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Third Party Pharmacy itself.
- The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Third Party Pharmacy (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
Delivery of Drugs
- The Pharmaceutical Drugs and Services shall be delivered by the Third Party Pharmacy or independent contractors. You accept and acknowledges that the Third Party Pharmacy or such other transporter/ courier/ delivery personnel, engaged by the Third Party Pharmacy or geetamart.com, shall be independent contractors in-charge of the delivery of the Pharmaceutical Drugs and Services from the concerned Third Party Pharmacy 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.
- You further accept and acknowledge that geetamart.com does not engage in the distribution of the Pharmaceutical Drugs and Services, and may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of Pharmaceutical Drugs and Services from the concerned Third Party Pharmacy to the address notified by You.
Advertising Guidelines for the Website –
- As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).
- For the Third Party Advertisers:The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
- Review:All the advertisements are subject to the review and approval of geetamart.com. geetamart.com reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, geetamart.com also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
- Prohibited Content:The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
- content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
- content depicting nudity, sexual behaviour, or obscene gestures;
- content depicting drug use;
- content depicting excessive violence, including the harming of animals;
- shocking, sensational, or disrespectful content;
- deceptive, false or misleading content, including deceptive claims, offers, or business practices;
- content that directs users to phishing links, malware, or similarly harmful codes or sites; and
- content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information.
- Prohibited Advertisements:Advertisements for the following products and services are prohibited:
- adult products and services (other than contraceptives; see below);
- cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
- products or services that bypass copyright protection, such as software or cable signal descramblers;
- products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
- get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
- illegal or recreational drugs or drug paraphernalia;
- counterfeit, fake or bootleg products, or replicas or imitations of designer products;
- firearms, weapons, ammunition, or accessories;
- advertisements that promote particular securities or that provide or allege to provide insider tips;
- any illegal conduct, product, or enterprise;
- unapproved pharmaceuticals and supplements;
- products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
- material that directly advertises products to or is intended to attract children under the age of 13.
- Prohibited Advertisements under the Drugs and Magic Act:
- subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –
- the procurement of miscarriage in women or prevention of conception in women; or
- the maintenance or improvement of the capacity of human beings for sexual pleasure; or
- the correction of menstrual disorder in women; or
- the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or
- prohibition of misleading advertisements relating to drugs;
- subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –
- subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
- directly or indirectly gives a false impression regarding the true character of the drug; or
- makes a false claim for the drug; or
- is otherwise false or misleading in any material particular.
- It is hereby clarified that that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.
- Restricted Advertisements:Advertisements in the following categories are restricted and require approval on a case-by-case basis:
- advertisements that promote or reference alcohol;
- advertisements for online dating services;
- advertisements for gambling and games of skill;
- advertisements for lotteries;
- advertisements for financial services;
- advertisements for contraceptives;
- advertisements for online pharmacies or pharmaceuticals; and
- political advertisements.
- Testimonials & Endorsements:
- any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser’s results were atypical or if the endorser was paid;
- geetamart. com recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and
- a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).
- the type of information collected from Users, including sensitive personal data or information;
- the purpose, means and modes of usage of such information; and
- how and to whom geetamart.com will disclose such information.
- the fact that the information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the name and address of the agency that is collecting the information and the agency that will retain the information; and
- the various rights available to such Users in respect of such information.
- geetamart.com shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to geetamart.com or any other person acting on behalf of geetamart.com.
- The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify geetamart.com of any actual or suspected unauthorized use of the Users’ account or password.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or geetamart.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, geetamart.com shall have the right to suspend or terminate such account at its sole discretion.
Payment, Fees and Taxes:
- Registration on the Website and the access to the information provided on the Website is free for retail customers. geetamart.com does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the respective Third Party Pharmacies for purchase of Pharmaceutical Goods and Services from such Third Party Pharmacies. The Third Party Pharmacies may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold geetamart.com responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third Party Pharmacies or the collection agents or for any actions/ omissions which are beyond the control of geetamart.com.
- Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. geetamart.com is in no way responsible for any of the taxes except for its own income tax.
- The subscription fees for the Services for wholesalers, if any charged by geetamart.com, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. geetamart.com 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 geetamart.com. The fees could also be paid offline and be either collected personally from the User/ Third Party Service Providers or required to be mailed to geetamart.com at the official address.
- All fees are exclusive of applicable taxes.
- Geetamart.com reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.