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TERMS & CONDITIONS

This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and 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 and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of www. vetallies.in website and its mobile applications.

Please read these terms of use carefully by accessing or using this internet based platform, you agree to be bound by the terms described herein and all terms incorporated by reference.

 

  1. GENERAL

The domain name www.vetallies.in an internet based portal and Vetallies, a mobile application, is operated by Pratham Healthcare, having registered office at Shop No. 31, Building No. 3 , Clover, Royal Flora, Block Sector Ambernath - 421501, Road Pale, City - Pale, Thane. The domain name and the mobile application are collectively referred to as the “Website”.

The Website is a platform that facilitates the online purchase of Veterinary Medicines, Veterinary Products, Dietetic Food For Veterinary Use, Dietary Supplements For Animals, Pet Care and Accessories for sale by Pratham Healthcare through Third Party Pharmacies/ Vendors. Please note that the Company is not the direct seller of any products/drugs and instead only facilitates to bridge the gap in a digital way between the User / Customer and third party shops/ pharmacies. (hereinafter referred to as “Third Party Service Providers”)

Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and the Company on the other Part.

By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify 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, or availing any of the Services, 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 away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.

Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. The User agrees to use the service to authorise an individual and get the products from the third party on his/her behalf. Where you use any third-party website or the products or services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies.

The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms of Use.

You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. The Company is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers.

These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:

  • the Indian Contract Act, 1872;
  • the (Indian) Information Technology Act, 2000 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;
  • the Drugs and Cosmetic Act, 1940, read with the Drugs and Cosmetics Rules, 1945;
  • the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954;
  • The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
  • Pharmacy Act, 1948; and
  • Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.

 

  1. CREATING AN ACCOUNT
  2. To use certain features of the Website (e.g. ordering Products, posting rating/reviews, receiving VetAllies e-newsletters), you must set up an account with www.vetallies.in (“VetAllies Account”) and provide certain information about yourself as prompted by the Customer Information form, including, your name, gender, email address, date of birth, account password, mobile phone number and billing/shipping address. All of your registration information is protected by our Privacy Policy.
  3. You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.
  4. Your VetAllies Account information are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Account.
  5. You may be required to providing information including but not limited to Your full Name, Complete postal address, Gender, Age, Date of birth, Mobile number, Email Id, Valid prescription, Patient details, Financial account information etc. in order to facilitate the use of Your Account.
  6. www.vetallies.in will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorized use of your VetAllies account, you shall immediately notify at info@vetallies.in.

1.5 It is your responsibility to keep your email address up-to-date on your account setup at www.vetallies.in so that we can communicate with you electronically.

 

  1. ELIGIBILITY

When you use the Website, you represent that you meet the following primary eligibility criteria:

  1. You are at least 18 years old or accessing the Website under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.
  2. If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material the sale or purchase of which to/by minors is prohibited and which is for consumption by adults only.
  3. You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website.
  4. You have not been previously suspended or removed by VetAllies or disqualified for any other reason, from availing the Services.
  5. The Company reserves the right to terminate your membership and/or refuse to provide you with access to the Website if We discover that you are under the age of 18 years.

 

  1. DISCLAIMER OF WARRANTIES AND LIABILITIES

You expressly understand and agree that, to the maximum extent permitted by applicable law the Website, services and other materials are provided by Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the services shall create any warranty not expressly stated in the Terms.

To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content. Please note that while We have made every effort to accurately display the colours of products on its website, the actual colour you see will depend on your monitor. We cannot guarantee that your monitor’s display of any colour will be the same as the colour of the products delivered to you

Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website or any services or materials, either with or without your knowledge. Company has endeavoured to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Company shall not be liable for any third-party product or services. You expressly agree that Your use of the Website is at Your risk.

This Website and the services are provided to you on an “as is” and “where-is” basis, without any representations or warranties. we, for our self and any third-party providing materials, services, or content to this website, make no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, with respect to the platform, the information or any products or services to which the information refers. we will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if we have previously been advised of the possibility of such damages.

Disclaimer- To the extent permitted by applicable law, We, our officers, agents, employees and directors (“Protected Entities”), disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Website.

 

  1. PRICE AND PAYMENT
  2. All our product prices include all applicable statutory taxes, fees and subject to availability.
  3. We make every effort to make sure that the pricing and availability of products on our website is accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale.
  4. We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
  5. We reserve the right, without prior notice, to limit the order quantity of any products available on the Website.
  6. Online Payments are processed via our online payment gateway partners.

 

  1. ADVERTISEMENTS

As part of the Services provided by Us; We may facilitate and allow third party advertisers (“Third Party Advertisers”) to place advertisements on the Website.

The Company may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. We may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous. We are not responsible for any liability arising from an advertisement by a Third Party Advertiser.

  • Prohibited Advertisements: Advertisements that come under the definition of prohibited advertisement include but are not limited to adult products and services; cigarettes and other tobacco products; products or services that bypass copyright protection; pyramid schemes or offers or any other deceptive or fraudulent offers; selling counterfeit goods or engaging in copyright piracy; illegal or recreational drugs; bootleg products, or replicas or imitations of designer products; firearms, weapons, ammunition, or accessories; illegal conduct, product, or enterprise; prescription or unapproved drugs; material that directly advertises products to or is intended to attract children under the age of 13.

 

It is hereby clarified that that the Third Party Advertisers will also 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 categories that are restricted and require approval on a case-to-case basis that include but are not limited to advertisements that promote or reference alcohol; online dating services; financial services; gambling and games of skill; lotteries; contraceptives; 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.

The Website 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. Clicking on an advertisement may only link the User to the website of the Third Party Advertiser(s).

The Company reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, the Company also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.

 

  1. USAGE CONDUCT

As a User and recipient of Services, when you use the Website, you agree to the following conditions of use:

  1. You are solely responsible for the medical, health and personal information you provide on the Website and you are requested to use your discretion in providing such information.
  2. You will provide accurate and complete information everywhere on the Website, based on which you will receive the Services.
  3. You will be solely responsible for all access to and use of this Website by anyone using the password and identification originally assigned to you whether or not such access to and use of this Website is actually authorized by you, including without limitation, all communications and transmissions and all incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
  4. Your right to use Our Services is not transferable.
  5. The Website is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
  6.  The Website may not be used for illegal purposes. The Information and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. You may not use any automated means (such as a scraper) to access the Website, the Information, 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 profile/ account. Any attempt by any individual or entity to solicit login information of any other user or 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.
  7. The information provided by you may be used by us for the purpose of Services including analysis, research, training and disclosure (where required) to our affiliates, group companies, vendors, agents and government authorities, etc. as stated in our Privacy Policy.

 

  1. SCOPE OF SERVICES

The Company engages in retail sale to end customers through online channels, i.e. through its Website. The Website will display the inventory of products available only in your region, based on the pin code entered by you on the Website.

Inter-state delivery of medicines and other products is fulfilled through external delivery partners. The Company may also engage external delivery partners for certain inter-city and local deliveries. Any delay, loss, harm, theft or damage arising from the shipping of products by the external delivery partner is the sole liability of the external delivery partner. The Company shall not be held liable for the actions of the external delivery partner in any way whatsoever.

 

  1. LIMITATION OF LIABILITY

By using our Services, you confirm that you understand and agree to the following:

  1. To the extent permitted by applicable law, the Company or its affiliates will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:

(i) these Terms and Conditions and Privacy Policy;

(ii) your use or inability to use the Website;

(iii) your use of any third party services you contacted through the Website.

  1. The Company does not warrant that the Website or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through the Website.
  2. Although the Company takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Website, We do not represent or warrant that the Website, or the Service or Products or materials that may be made available through the Website are free from such destructive features. The Company is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
  3. To the extent permitted by law, the Company shall not be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if We have been advised, knew, or should have known of the possibility of such damages, arising out of or related to:

(i) your use of or reliance on the Website, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the Website;

(ii) your provision of information, personal or otherwise, to Us;

(iii) the provision of Services by Us; or

(iv) acts or negligence on the part of the Company, its agents or employees;

(v) errors, delays or deficiencies in services or theft or damage of Products, attributable to third parties who assist Us such as delivery partners.

  1. To the fullest extent permitted by law, the Company disclaims and excludes all warranties and representations, express, implied or statutory, with respect to the Website or its services, or with respect to the accuracy, currency or completeness of the information provided by Us, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property right. The Website, including, without limitation, all content, information and links contained therein, is provided “as-is” without any warranty that it will be uninterrupted or error free. You expressly agree that your use of this Website is at your sole risk.
  2. Notwithstanding anything herein to the contrary, the Company’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the Website, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) or Services in respect of one incident or series of incidents attributable to the same cause.
  3. The Company reserves the right to refuse Service, terminate accounts, remove or edit content, or cancel orders anytime at their sole discretion.
  4. We have selected the Products on the basis that they will be used for personal use only. If you are planning to use them for business purposes you are advised to make sure that you are covered by a proper insurance plan. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In relation to business users, we do not accept liability for the fitness of Products for business purposes, nor do we accept liability for loss of use of the Product, nor any loss over and above the cost of the Products in the event of a claim for breach of warranty or condition.
  5. The Company (including but not limited to the owners and the employee staff) and third-party professionals who offer the Services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.
  6. The Company makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by our Company’s employees. The Company is not responsible for transmission errors, corruption of data.
  7. At no time shall Company hold any right, title or interest over the products, nor shall Company have any obligations or liabilities in respect of such contract entered into between Users and third party service providers. Company is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

This section shall survive the termination of this Agreement and the termination of your use of our Services or the Website.

 

  1. COVENANTS

Covenanters for the purposes of these Terms of Use shall include the Users and the Third Party Service Providers.

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

  1. belongs to another person and to which such Covenanter does not have any right;
  2. is grossly harmful, insulting or harassing on the basis of gender, 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;
  3. violates any law for the time being in force;
  4. impersonates another person;
  5. is harmful to child;
  6. deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information that is patently false or misleading in nature but may reasonably be perceived as a fact;
  7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  8. 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;
  9. 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
  10. threatens the unity, integrity, defence, 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. USE OF SERVICES AND THE WEBSITE
  2. Platform to facilitate transaction of business:

Through the Website, the Company facilitates the purchase of Veterinary Medicines, Veterinary Products, Dietetic Food For Veterinary Use, Dietary Supplements For Animals, Pet Care and Accessories and services offered for sale by Third Party Pharmacies (“Veterinary Products”). You understand and agree that the Company 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. The Company has no control over such third party user generated contents and/ Veterinary Products 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 Veterinary Products 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 We shall have no liability with respect to the authenticity of the Veterinary Products 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 Veterinary Products which are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Veterinary Products, which are 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 Veterinary Products offered for sale by the Third Party Pharmacies, and after sales services related to such Veterinary Products and Services are as provided by the Third Party Pharmacies. The Company 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.

  1. Representation as to legal title:

The Company does not make any representation or warranty as to legal title of the Veterinary Products 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 the Company nor shall We 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 Veterinary Products 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 Veterinary Products 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 Veterinary Products on the Website.

  1. Non-Performance of Contract:

You accept and acknowledge the following:

 The Company 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;

 The Company 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 Veterinary Products offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, We are not responsible if the Third Party Pharmacy(s) does not satisfy the contract for sale of Veterinary Products 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

 The Company shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Pharmacies. In particular, We do not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. We shall, on a request in writing made by You after the purchase of any Veterinary Products on the Website, provide You with information regarding the Third Party Pharmacies from which You have made such purchase, including the principal geographic address of its headquarters and all branches, name and details of its website, its email address and any other information necessary for communication with the Third Party Pharmacy for dispute resolution.

  1. 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/ veterinary products or services, and information in relation to such drugs/ veterinary 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 veterinarian 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 Veterinary Products offered for sale on the Website, are not misleading and describe the actual condition of the Veterinary Products. 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 Veterinary Products so as to mislead the Users in any manner. You acknowledge and understand that We provide 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 We have not played any role in the ascertainment of the actual impact/ effect of any Veterinary Products 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 Veterinary Products 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 the Company responsible or liable for any damages arising out of such reliance on third party user generated content by You.

The Website is a platform that can be used by the Users to purchase various Veterinary Products that requires a valid prescription issued by a veterinarian expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website, You are required to upload a scanned copy of the valid prescription on your Account or email the same at info@vetallice.in. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by Our Company until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by You and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by You, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.

You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the veterinarian expert/ doctor 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 accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.

We shall maintain a record of all the prescriptions uploaded by the Users.

 

  1. NOTICE AND TAKEDOWN OF CONTENT

If You believe that any Content on the Website is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or is otherwise injurious to third parties; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign States; or which consists of or contains software viruses or violates any of the Terms, please notify Us immediately at our registered email id info@vetallice.in . As soon as you inform Us, We will make all reasonable endeavours to remove such objectionable content complained about within a reasonable time.

 

  1. VIOLATION OF TERMS

You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies, Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems. If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.

 

  1. INTELLECTUAL PROPERTY RIGHTS

The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Company or their third party partners or respective third parties. You are not permitted to use the Marks without the prior consent of Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “Vet Allice”, domain name “www.vetallice.in”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.

 

  1. INDEMNITY

You agree to indemnify, defend and hold harmless Company including but not limited to independent contractors, service providers, licensors, agents, and representatives and each of its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance or any such conduct of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.

 

  1. THIRD PARTY LINKS

Where the Website contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only/ merely as a convenience. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any links to such linked Internet sites should no way be construed as an endorsement, representation or promotion by the Company as to the content, representation, accuracy, products or services found or otherwise described in such linked Internet sites. Use of those linked Internet sites/links is done at your own risk and cost. You will be bound by the privacy policy and terms of use of the respective website when you navigate away from the Website to any such other website.

 

  1. 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 cancellation, shipping charges, returns and refund policy (“Shipping, Return, Cancellation And Refund Policy”). The Return and Refund Policy forms an integral part of these Terms and the Users are requested to carefully read the same.

 

  1. DATA & INFORMATION POLICY

We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy.

 

  1. OTHER TERMS OF USE

Your Profile, Collection, Use, Storage and Transfer of Personal Information:

Your profile is created to store record of Your personal health information online, including history, health conditions, allergies and medications. Any information provided as part obtained from use of the Services by You becomes part of Your record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Our Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Our Company’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.

For additional information regarding use of information about You, please refer to the Privacy Policy.

 The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.

 The Privacy Policy sets out the type of information collected from Users, including sensitive personal data or information; purpose, means and modes of usage of such information; and how and to whom We will disclose such information.

The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of the fact that the information is being collected; purpose for which the information is being collected; intended recipients of the information; name and address of the agency that is collecting the information and the agency that will retain the information; and various rights available to such Users in respect of such information. Our Company 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 Pratham Healthcare or any other person acting on behalf of the Company.

The use of the Website involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by the Website from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.

 The Users are responsible for maintaining the confidentiality of the Users’ account access information. The Users shall immediately notify Pratham Healthcare 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 Pratham Healthcare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We shall have the right to suspend or terminate such account at its sole discretion.

Our Company may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. The SPI Rules only permit Our Company to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Our Company as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Pratham Healthcare or any person on its behalf and the user or where the User has consented to data transfer.

By accepting these Terms of Use and by registering on the Website, You consent to be contacted by Us and/or by our third party service providers. You further consent to receive Calls, emails and messages (SMS) notifications and information from Us and from Third Party Service Providers including for promotions, discount and/or other service delivery related issues.

 

  1. MODIFICATIONS / AMENDMENTS

We may from time to time update or revise these Terms and Conditions. Every time you wish to use the Website, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time.

 

  1. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure to deliver Products when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

 

  1. Strike, lockout or other forms of protest;
  2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
  3. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
  4. Inability to use public or private transportation and telecommunication systems.
  5. Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.

 

Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

 

  1. TERMINATION

We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions. For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.

 

  1. DISPUTE RESOLUTION AND JURISDICTION

The use of our Website and the contract between you and the Company shall be governed by the laws applicable in India, without regard to the conflict of law rules. Any dispute relating to the use of our Services will be only resolved exclusively in the Courts at Mumbai, India but not in any other Court. All disputes will be subject to arbitration at Mumbai by a sole arbitrator appointed by the Company under the Arbitration and Conciliation Act, 1996.

 

  1. SURVIVAL

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

 

  1. 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.

 

  1. 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 Us. Any consent by the Company to, or a waiver by Us 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.

 

  1. CONTACT US

If you have any comments, query or grievances regarding the Services, Terms and Conditions and Privacy Policy, you may contact Us at our email id info@vetallic.in Please note that upon lodging of a complaint, a ticket number shall be given to you by which you may track the status of your complaint.