Dawaiwale a trademark and logo of Himalay Medical & General Store a proprietary Firm established in the year 1999 (hereinafter referred as the Firm) offers to provide goods and services as defined within this document. All information or services provided hereunder will be treated as an invitation to offer.
Any access/visit to our website or application or call to our helpline or sending of any text message to our helpline or placement of order will be treated to be an acknowledgement of the user/visitor/member to our terms and conditions including the privacy policy and other policies defined therein in the terms and conditions of the agreement. The said acknowledgement from the user/visitor/member will constitute to be a legal binding contract between the user/visitor/member on one part and the Firm on the other part. The said agreement defines the scope of our services, liabilities, terms and conditions of the contract including privacy and other policies as provided in the terms & conditions.
Any placement of an order through any of the above means or any access to our website/application/helpline will be treated as your offer acknowledging acceptance to the terms & conditions/contract/agreement. However, the Firm holds the exclusive right to accept or reject the offer in full or part without any claims & liability on the Firm.
The agreement is in compliance with and is governed by the provisions of relevant & applicable laws & regulations of the land with their respective amendments.
Any user/visitor/member in denial with the terms & conditions of this agreement or contract should immediately discontinue the usage or access to our services/offers/schemes and restrict any access/visit/usage of our website, application, helpline etc.
The Firm holds the sole right to change/amend/discontinue any of its terms and conditions, without giving its member/users prior notice and without any claims and liability of any kind.
The acknowledgement of acceptance to the terms and conditions and the privacy policy with other policies stated in the terms and conditions will be treated as willful, voluntary, unconditional, perpetual, acceptance without recourse till the time user/visitor/member uses/access our services including but not limited to use or access to our website, App, helpline and other services or till the time the user/visitor/member is not terminated/debarred from the usage of our services.
Access/Visit/usage of the Firm’s website/services/App/helpline shall be from only those who are competent to contract as per Indian Contract Act, 1872 and are above 18 years of the age or in case you are a minor but not less than 15 years of age you may place/receive orders or browse/access our application/website/ other modes of communication under the supervision of the parent or a legal guardian who agree to be bound by the terms and conditions of the Firm. No contraband items will be delivered.
In case of any queries, the user/visitor/member should contact us at info@dawaiwale.com or call our helpline numbers.
Definitions and Interpretation: In the contract, unless the context otherwise requires:
“Contract” means any access/visit/ to our website or application or call to our helpline or sending of any text message to our helpline will be treated to be an acknowledgement of the user/visitor/member to our terms and conditions including the privacy policy and other policies defined therein in the terms and conditions of the agreement. The said acknowledgement from the user/visitor/member will constitute to be a legal binding contract between the user/visitor/member on one side part and the Firm on the other part. The said agreement defines the scope of our services, liabilities, terms and conditions of the contract including privacy and other policies as provided in the terms & conditions.
“Claims & liability” means and includes any or all direct, indirect, special, incidental, consequential, exemplary or punitive damages/claims/losses/liability/cost, of any nature and kind.
“Communication” means and includes the material or the data or the information send by email, text messages, video/audio clips, pamphlets, our website, Dawaiwale app etc.
“Content” means and includes the information, graphics, images, logos, button icons, software code, design, images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, audio clips, any written/printed material and other materials that are part of this Website/ App text, and the collection, arrangement, assembly of content on the Website/Application/pamphlets etc included but not limited to.
“Customer” means and includes any firm, person, individual, body corporate, partnership firm acting as potential customers like “Visitor” which means the one who access/browse our website/application/helpline or other services or as expressed customers acting as an “User” which means the one who access and intends/uses to buy goods/products and avail services from our website/application/helpline, or a “Member” which means who has opted for either gold or silver card membership and access and uses to buy goods and avail services from our website/application/helpline.
“Firm” means and includes the Firm with its proprietor its partners, associates, consultants, his employees, proprietor, licensors, sponsors, agents and representatives, successors, authorized dealers, stockists discounting partners and distributors.
“Writing” or “Written” includes matter either in whole or in part, in manuscript, typewritten, lithographed, cyclostyled, photographed or printed under or over signature or seal, as the case may be.
Words in the singular include the plural and vice-versa.
Words importing the masculine gender shall be taken to include the feminine gender and words importing persons shall include any company or association or body of individuals, whether incorporated or not.
The heading of these conditions shall not affect the interpretation or construction thereof.
Terms and expression not herein defined shall have the meanings assigned to them in the relevant Indian laws as the case may.
PARTIES: The parties to the contract are the "user/visitor/member" and the "Firm", as Defined above;
“Goods” means the Allopathic/Ayurvedic/Generic medicines and drugs, cosmetics, health care supplements, personal care items for men, women and babies, veterinary items, ortho care and surgical items, and diagnostic equipments etc.
“Services” means and include services allied and incidental to the supply of goods, such as marketing, transportation, delivery, promotion of offers through our website, application, text messages, calls etc.
“Consignee” means registered member i:e the person to whom the goods are required to be delivered as specified in the Contract. If the goods are required to be delivered to a person as an interim consignee for the purpose of dispatch to another person as provided in the Contract then that “another” person is the consignee, also known as ultimate consignee.
Other terms & conditions:
Any user/visitor/member while submitting any financial details including but not limited to the card numbers, date of expiry etc warrants the Firm that the information submitted by them is accurate, reliable and authentic. Furthermore the information submission is done by the user/visitor/member that has the right, capacity and authority to do so. Any fraudulent submission by any unauthorized user/visitor/member may result into applicable legal repercussions at the sole risk and cost of the user/visitor/member doing so. Any loss or claim and liability of any kind or form including the lawyer’s fees etc will be on the user/visitor/member account indulging into such unlawful activity as the Firm expressly disclaims any claims and liability in this regard.
The Firm expressly disclaim any liability for the content (as defined above) provided in our communication means including but not limited to website, App, Pamphlets, text messages etc which may deemed to be offensive or objectionable to the user/visitor/member as you have agreed to use our website, App, or others means at your sole risk and cost.
Our logo “Dawaiwale” is a trade mark (as applied for registration under trademark act of 1999) of the Firm.
The website or the App or any other services provided by the Firm are without any warranties or guarantees and in an “As Is” condition without any claims or liability arising out of the use of the same by the user/visitor/member.
The content information, product details/specifications and prices provided in any of our communications vide our application, website, e-mails, SMS, call, leaflets, pamphlets etc, are accurate ,reliable and up to date to the best our information and understanding and the Firm should not held responsible or liable for use, reliance or application of any posted material/information or the content. Our Firm in no manner intentionally infringes any intellectual property rights or patents etc.
Any communication of the Firm in any manner or form shall not constitute that he Firm has suggested any diagnosis or treatment. Further, the registered member will be solely responsible and liable for any consequences for any substitutes requested/ordered or delivered to the registered members on prescription or non prescription items. By placing and accepting the orders for any substitute items, the buyer confirms that the same is being done in consultation with the respective Doctor/Physician or any Medical practitioner under whose supervision the original prescription was based.
The Firm strives to create convenience and increase awareness of the benefits of buying prescription and non-prescription medicines from Dawaiwale, in no way, it should be considered a substitute for professional medical attention or treatment. You are requested to consult your health care professional for medical advice.
All the OTC and Cosmetics products are selling under holdings of Retail Drug License of Himalay Medical & General Store issued by the competent department.
The Firm reserves the right to limit the quantity of items purchased per person, per household or per order. The user/member will be notified for application of such limits.
The offers/schemes/discounts offered may differ based on different product categories and the Firm holds the sole discretion to determine what is to be sold at what offer/discount/ scheme.
The user/visitor/member while accessing, visiting, browsing our website/app/helpline or buying any goods or opting for membership shall ensure full compliance with all relevant Acts, Laws, Rules ,taxes etc in force with their amendments issued at various times. The Firm is not liable for any acts/deeds of the user/visitor/member resulting into violation of any Acts, Laws, Rules in force with their respective amendments.
While accepting the terms & conditions of the agreement the user/visitor/member also acknowledge to accept the privacy policy of the Firm which provides for the collection, storage, usage, disclosure, revocation means and methods. The Firm is not responsible for any claim or liability or expenses or cost for collection, storage, usage, disclosure, revocation of the user/visitor/member data/information which is protected by any copyrights, patents, publicity or intellectual property rights.
The consent to collection, storage, usage, disclosure of the data/information including but not limited to reviews, feedbacks, comments, suggestions etc by the user/visitor/member to the Firm is exclusive, unconditional, perpetual, worldwide, and irrevocable and is free from any expenses/cost/claims/compensation/fee associated with such information.
All the communications between the Firm and the user/visitor/member either through electronic means like emails, text messages will constitute to be as written communication for any legal requirements as prescribed in the concerned law & be treated as evidence, if, need so arises.
Submission of any comments, feedbacks, reviews, suggestions, ideas etc by the user/visitor/member, after submission, becomes the property of the Firm and the Firm holds the exclusive right to how to store, display, present, disclose, etc. Such comments, feedback, review etc after submission provide the Firm with clear titles and worldwide rights and interests in all copyrights and intellectual properties in such reviews, comments, feedback etc without any compensation, fee, expenses etc.
The Firm also holds the exclusive right to remove any comments, reviews, feedback, suggestions, ideas etc which the Firm feels are inappropriate. The user/visitor/member will be solely responsible for any claims and liability from anyone against the content, language and intention used while submitting such comments, reviews, feedback, suggestions, ideas etc, as the Firm expressly disclaims any claims and liability for the same.
Access to the Firm’s Website App does not confer and shall not be considered as conferring upon anyone any license/right under any of our or any third party's intellectual property rights.
Any access to the Firm’s website or App or acceptance of these terms & conditions or payment of any membership fee should not deemed to be taken as an authorization from the Firm to use or exploit any name, logo or mark or any other content which appear on the Website or App in any manner.
Inclusion, display or references on the Firm’s Website or App to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. Any link to or access to or downloading or submission of any information or data or reliance on any information/data or content on the third party websites through the Firm’s website is at the sole risk and responsibility of the user/visitor/member doing so as the Firm expressly disclaims any claims or liability for such access or visit or reliance or downloading.
Further, logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Firm or licensed to the Firm. Any use of the Firm’s logos and all related product and service names, design marks and slogans which are the trademarks or service marks of the Firm or licensed to the Firm or all other marks which are the property of their respective companies should not be exploited by the user/visitor/member in any manner whatsoever.
All contents (as defined above) are intended solely for personal, non-commercial use. Any downloading or copying of the Contents and other downloadable materials displayed on the Website or App does not give or transfer any right, title or interest in any such downloaded or copied materials or software.
The sole use of the Content and software on this Website or App may be used only as a shopping resource as any other use, like reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website/App or any other means of communication of the Firm is strictly prohibited.
All prices are displayed inclusive of VAT. Services however are listed exclusive of service tax as rules for service tax vary with different services.
The packaging, weights, dimensions and capacities given are approximate only and may differ from the product delivered.
All use/access to our website and services are at user’s/visitor’s/member’s own wish and risk and the Firms holds no responsibility for the same.
This site is designed, updated and maintained by the Firm or its licensors.
Tenure & Termination of the Agreement/Contract/Terms & Conditions
The tenure of the agreement/contract/terms & conditions is perpetual in nature till the time it is terminated either by the user/visitor/member or by the Firm.
The tenure of the membership for the privilege card holders is for one calendar year from the date of joining & renewal is applicable subject to conditions.
However, the tenure or validity of the agreement/contract/terms & conditions for the user or visitor or member will be effective till date user/visitor/member is using/accessing our services/offers/schemes including access/visit to our website/application and helpline or till the time it is debarred or terminated by the Firm.
The user/visitor/member can anytime terminate this agreement by serving a written notice by email to feedback@dawaiwale.com.
The annual membership fee against the privilege card membership is non-refundable in either of the situation where the member has chosen to terminate the agreement or the Firm has terminated the agreement on the basis of the following serious misdemeanors.
Serious Misdemeanors:
Following will be considered as serious misdemeanors attracting immediate termination from access/visit to our website/App/helpline, termination from membership, termination from any services or offers provided. In addition to the termination, the user/visitor/member will also attract other legal sanctions for the following acts.
Willful/unintentional attempt by a user/visitor/member to modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website/App or any other modes of our communications.
Willful/unintentional attempt by a user/visitor/member to harm minor in any way, infringes any patent, trademark, copyright or other proprietary rights or encouraging conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Willful/unintentional attempt by a user/visitor/member in submitting/transmitting information which is false, fraudulent, incomplete, grossly offensive, menacing in nature, inaccurate, evasive, misleading, disruptive or competitive to the provisions of the services provided by the Firm.
Willful/unintentional attempt by a user/visitor/member in any manner to corrupt the website or the application or to make them malfunction in any manner or indulge into activities with the help of any engines, software (including tools, agent, or other device mechanism such as spiders, robots, avatars/intelligent agents) to navigate the website for retrieving/storing/coping/transmitting/duplicating/distorting the data or the content of the website and the application or to damage the integrity/structure/design of the website or application.
Willful/unintentional attempt by a user / visitor /member in any manner to mislead, obstruct or disturb the smooth functioning of our services, website, application, helpline. This will also include willful placement of fake orders or placement of bulk orders without prescription or denial for accepting services/goods purchased.
Willful/unintentional attempt by a user / visitor /member to alter, publish, transmit, upload, update, share, host, any information for himself/herself or on somebody’s behalf or information of another person, with or without authority, right or capacity to do so which is defamatory, obscene, promoting pornography, pedophilic, blasphemous, hateful, infringing/harming the privacy of the other person, racial or infringes any patent, trademark, copyright or intellectual proprietary rights or is against the nations unity, integrity or security or unlawful in any manner under the various relevant enforceable Acts, Laws, Rules & regulations of the Government of India with their amendments.
Where a user/visitor/member breach or violate the terms & conditions, policies and clauses of the contract/agreement.
The firm is unable to verify the authenticity of the information submitted by user/visitor/member or where the user/visitor/member fails to provide any information as requested by the Firm for establishing the accuracy and authenticity of the information submitted or for extending any of the Firms services/offer/schemes.
Where the user/visitor/member denies or revokes his/her consent upon the above agreement which was initially agreed.
Non-compliance of conditions/terms/clauses of the contract/agreement will be treated as a breach of the agreement/contract/terms& conditions including the privacy policy shall entitle the Firm to cancel the contract and the decision of the Firm shall be final and binding on the user/visitor/member of our services/offers/schemes including but not limited to access our website/application or helpline services. Apart from discontinuation of the services/offers/schemes and membership, the Firm reserves the sole right for further sanctions or legal remedies available to it in such a case of breach.
The termination by the Firm will be without any claims & liability of any kind and the Firm is also not obligated to provide advance notice or reason thereof to the user/visitor/member for such termination.
On termination the Firm is not liable to store/share/disclose any of the user/visitor/member information or data collected from the submissions/actions and deeds of the user/visitor/member or made on his/her behalf, unless, otherwise legally required. Upon termination, unless, otherwise required legally, the entire data of the terminated account will deleted/destroyed without any notice to the user/visitor/member.
Any information/data stored from our services including our website, App, Pamphlets, etc shall be immediately destroyed or returned to the Firm.
Even upon termination the user/visitor/member will not be free from any of its obligations retrospectively under the agreement/contract/terms & conditions stated above which may accrue or arise at a later date and time from the date and time of termination.
Indemnity
On receipt of any third party claims/losses/demand/costs/damages etc from the third party, we will immediately inform the user/visitor/member. The Firm holds the indemnification from the user/visitor/member against any and all third party claims, losses, liability, damages and/or costs of any nature and kind for any actions and deeds of the user/visitor/member.
The user/visitor/member agree to keep the Firm as harmless and will bear all cost and expenses for settling such issues/claims/liabilities from any and all third parties without any demand or liability of any kind/form and extend, from the Firm for the acts or deeds of the user/visitor/member, which may result in any loss or liability to the Firm or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the terms & conditions or violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
The user/visitor/member shall be solely responsible for any delay in addressing or settlement of the issue raised by the third parties as the Firm has no control over the actions and deeds of the user/visitor/member of the Firm’s services/offer/schemes/website/application/helpline. This clause shall survive the expiry or termination from these terms and conditions also.
Resolution of disputes If dispute or difference of any kind shall arise between the Firm and the user/visitor/member in connection with or relating to the contract, the parties shall make every effort to resolve the same amicably by mutual consultations. If the parties fail to resolve their dispute or difference by such mutual consultation within twenty one days of its occurrence, the Firm may seek recourse to settlement of disputes through arbitration by appointing a single arbitrator as per the provisions of The Arbitration and conciliation Act, 1996. The venue of Arbitration will be Indore & the governing language will be English.
Applicable Law
The contract shall be interpreted in accordance with the laws of India. Irrespective of the place of delivery, or the place of performance or the place of Payments under the contract, the contract shall be deemed to have been made at Indore, M.P. The courts of Indore shall alone have jurisdiction to decide any dispute arising out or in respect of the contract as it is deemed that all the transactions/correspondence etc will be enacted at Indore only.
Other Legal Actions
The actions stipulated in this agreement/contract are without prejudice to any other legal action that may follow in accordance with the provision of the extant law in force relating to any civil or criminal proceedings.
Feedback & Contact us
The Firm requests you kindly provide us your valuable feedback or submit any issues, comments, suggestions, complains and questions @ feedback@dawaiwale.com in order to ensure continuous improvement in our services. In case of any difficulty in ordering or any clarifications required on website or the above terms and conditions, please feel free to write us on feedback@dawaiwale.com and our team will revert back to you shortly. Helpline No.+91 87200 44000,01.
Partners & Associate
The Firm welcomes various commercial establishments to become our discounting partners in service to society. Contact us at info@dawaiwale.com.
All the above terms and conditions including all policies constitute to be essential part of the above referred contract/agreement/terms & conditions and in case one or several provisions of this agreement/contract/terms & conditions turn out to be invalid or unenforceable pursuant to applicable law then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that is very similar to the intent of the original provision and the remainder of this agreement/contract/terms & conditions shall remain valid and enforceable.