TERMS AND CONDITIONS

1. Definitions

Unless repugnant to the context or meaning thereof, the capitalized terms defined herein shall have the following meaning:

“Applicable Law” shall mean all applicable laws, statutes, ordinances, rules, regulations, guidelines, policies and other pronouncements including amendments thereof having the force of law by Central, State, Local Body(s), Court, Tribunal, Governmental Authority, Ministry, Department, Commission or any Judicial Forum.

“Authorised Seller” shall mean a Person designated by the Manufacturer or authorised distributor and authorised to sell or distribute the Seller Products in the Territory (including through online sales) to consumers under a valid written contract with the Manufacturer.

“Business Day” shall mean any day that is not a Saturday, a Sunday or other day on which banks are required or authorised by Applicable Law of India to be closed in Kerala, India.

“Buyer” shall mean any individual, group of individuals, firm, company or any other entity placing an order to purchase the Seller Products on Marketplace for their own use.

“Confidential Information” shall has the meaning set forth in involves a set of rules or a promise usually executed through confidentiality agreements that limits access or places restrictions on certain types of information.

“Content” shall mean images, videos, text, designs, themes, styles, fonts, colours, concepts, drawings, sketches, illustrations, charts, plans, tables, layouts, diagrams, specifications, images, photographs, audios, artwork and other works in physical, electronic or other form.

"Catalogue" shall mean details relevant to the sale / purchase of the Products, including the selling price, an informative description of each Product and its contents, by way of text descriptions, graphics, or pictures or videos as provided by the Seller. The seller is supposed to share the information required by the website for cataloguing and shall verify the same on website whenever the listing is live

"Force Majeure Event" shall mean an event which is beyond the reasonable control of a Seller, and which make a Seller’s performance of its obligation hereunder impossible or so impractical as reasonable to be considered impossible in the circumstances, and includes, but is not limited to, war, terrorist activities, riots, civil disorder, earthquake, fire, explosion, storm, flood, pandemic situations or other adverse weather conditions, strikes, lockouts, lockdowns or other industrial action, confiscation or other action by government agencies. Force majeure shall not include: (i) any event which is caused by the negligence or intentional action of a Seller or such Seller’s subcontractors, consultants, Agents or employees, nor (ii) any event which a diligent Seller could reasonably have been expected to both (a) take into account at the time this Agreement was entered into; and (b) avoid or overcome in the carrying out of its obligations under this Agreement. Insufficiency of funds or failure to make payments due under this Agreement for any reason whatsoever shall not be considered as a Force Majeure Event.

"Intellectual Property Rights" or " IPR" include (i) all rights, title, and interest under any statute or under Applicable Law including patent rights; copyrights including moral rights; and any similar rights in respect of Intellectual Property, anywhere in the world, whether negotiable or not; (ii) any licenses, permissions and grants in connection therewith; (iii) applications for any of the foregoing and the right to apply for them in any part of the world; (iv) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world; (v) all extensions and renewals thereof; and (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.

"List Price" shall mean the price of a Product in INR at which a Product is listed at the Website by the Seller.

"Malpractice" shall mean and include but are not limited to selling and delivering wrong, fake, duplicate, spurious, counterfeit, damaged, defective, refurbished Products by the Seller to Users/Buyers.

"Marketplace Fee" shall mean the total charges that Cureshop charge the seller for any sale in the website. This shall include but not limited to payment gateway charges, commission, logistics fee, service taxes etc.

"Order or Purchase Order" shall mean the order placed by the buyer to the Seller through the website.

"Packaging Material" shall mean the packaging materials as provided by the company for the purpose of secondary packaging of the order that are received.

"Policies" means the various policies, includes Cureshop policies which may issue and make applicable on the Seller from time to time including Terms of use of the Website which are applicable to the Seller.

"Product(s)/Service(s)" shall mean the Product(s) and/or Service(s), made available by the Seller for sale on the Website.

“Prohibited item(s)” are the products and services prohibited by any Applicable Law for the time being in force.

"Transaction" shall mean a bipartite transaction for the sale by the Seller and Customer for the purchase of the Products and/or Services, to be sold through the Website.

"Seller Cancellation Fee" is defined as the penalty on account of not fulfilling the order after receiving an order for a product or service. If an order is not processed within 2 business days after receiving the order, then the order will be marked as Seller cancellation.

2. About the website/App

• 2.1. This website/App is purely a website/App that facilitates an online requisition by the buyer for the purchase of medicines, wellness/health-related products and services ("Products and Services") offered by the seller. The Company is not and cannot be a party to or save as except as may be provided in these terms and conditions, control in any manner, any transaction between You and the buyer.

3. Seller Eligibility

• 3.1. The use of the website/App is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website/App.
• 3.2. The Company reserves the right to terminate your registration and/or refuse you access to the Website/App if it is brought to company notice or discovered that you are incompetent to contract. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the terms and conditions and you have the authority to bind the business entity to the terms and conditions.

4. Seller Registration

• 4.1. The seller shall complete the seller registration process as required by the company which is true and correct as on date.
• 4.2. The Companies reserve the right to determine the sellers who may sell on the Website/App and to freeze/suspend access to the Seller to the Website/App, de-activation of account or to terminate the same, in accordance with this terms and conditions without assigning any reasons thereto. The Companies also reserves the right to select / delist the Products displayed/offered for sale or to be displayed/ offered for sale on the Website/App.
• 4.3. The company do not mandate that any of your Products should be sold exclusively on the website/App.

5. Seller Obligations

A) Sale and listing obligations

• i. The seller acknowledges and affirms that the seller is an authorised seller to deal with.
• ii. The seller agrees and admits that the company will operate as a marketplace model. The company offers assistance only with the sales, payment assistance, packaging material, pick up logistics, product delivery and return.
• iii. The seller shall not list/display/sell any prohibited products in the website/App. In the event of default of this obligation from the seller, the company reserves the right to block/suspend/freeze/de-activate/remove/terminate the products or seller from the website/App without prior intimation to the seller. Any non-compliance in the matter is the sole responsibility of the seller and the seller accepts the claims in this behalf.
• iv. The Seller shall list/communicate and update with the website/App, the catalogue and all other appropriate information including but not limited to details of products with its category, maximum retail price, list price, description and usage, prescription requirements, guarantee/warranty details, after sales service details etc. The seller shall confirm and affirms that the aforesaid information shall be in compliance with all the Applicable laws. Any non-compliance in the matter is the sole responsibility of the seller and the seller accepts the claims in this behalf.
• v. The seller shall accept and confirm the order(s) placed by the customer in the website/App and shall keep ready the products for collection by the company, as per the agreed terms.
• vi. The terms of sales and service such as guarantees, warranties and after-sales services related to the Products and/or the Services shall be between the Seller and the Buyer.
• vii. The seller agrees and admits that issuing the correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, the shall ensure that invoice state “CURESHOP” name and logo and failing to do so shall leads to the termination of seller registration, at the discretion of the company.
• viii. A commercial/contractual term in respect of the Product/Services that are offered on the Website/App shall be agreed upon between the website/App and the Seller. The commercial/contractual terms in respect of Product shall include only to the extent of price, shipping costs, payment methods and terms, date, period, and mode of delivery.
• ix. The Seller shall ensure full compliance with the applicable provisions of the laws including but not limited to Drugs and Cosmetics Act; Ayush; Information Technology Act; Legal Metrology Act; FSSAI, the Drugs and Magic Remedies (Objectionable Advertisements) Act, etc.
• x. Seller hereby agrees and affirms that the seller will never obliterate, smudge or alter the Maximum Retail Price (MRP) indicated by the manufacturer or packer or the importer. If there is any change in MRP arising due to change in batch of the product or whatsoever is the reason, the seller shall raise with the website to get the necessary changes done. In case of violation, the company at its sole discretion may recover Gross Merchandise Value (GMV) of the concerned product (s), indemnify itself of all losses, damages, legal risks / costs or may decide to impose a penalty as in the agreement and the Website may further decide to suspend Seller for further business till he/it pays the imposed penalty and or damages and the company may also terminate the Agreement in the event of finding second and subsequent such violations on the part of Seller.
• xi. Seller undertakes and confirms that while listing the inventory of the Product, the Seller has physical possession and owns such quantity of product as listed on the website/App and further undertakes to fulfil the orders placed by the buyer promptly. In the event of delay for fulfilment of sales order for any reasons or on cancellation of confirmed order, the seller acknowledges that the company shall charge the seller cancellation fee to the seller
• xii. The payments to sellers will be on the basis of the commercials agreed between the company and the seller.
• xiii. The seller is responsible for the sales documents as per the applicable laws and shall be responsible for any loss arising due to confiscation of goods by governmental agencies on account of lack of proper documentation, misdeclaration etc.
• xiv. The seller shall charge and collect appropriate Goods and Service Tax under the Applicable laws and shall comply with the remittance and filing of tax returns in the permissible time periods. In the event of default, Company shall not be responsible for any deficiency/omission/non-compliance.
• xv. The seller shall comply with all the applicable laws including taxes, cess and duty payable on the products selling in the website/App and shall deliver a copy of such documents pertaining to the applicable laws to the company.
• xvi. The seller admits the responsibility of ensuring the listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, the seller hereby agree to refund any amount that you may have received from the buyer.
• xvii. The seller agrees not to list a single product in multiple quantities/descriptions across various categories on the Website/App. The company reserves the right to suspend/remove/de-activate such multiple listings of the same product listed by you in various categories. The company reserves the right to restrict the selling of products originating from certain countries, following the applicable laws.
• xviii. The seller shall adhere to the minimum balance shell life norms as decided by the company from time to time.
• xix. The seller agrees and undertake that, the seller shall not, at any time, purchase more than 25% of your inventory (in terms of annualised value in a financial year), purported to be sold on the website/App, from the company or its Group Companies. Group Company shall have the meaning as per the extant Foreign Direct Investment Policy of India. The company may insist internal or third-party certifications to confirm compliance with this requirement.
• xx. The seller shall register the bank account details with the buyer for the remittance of payments due to the seller. The seller shall notify any changes/modifications in the bank account details to the company at the communication mail id.

B) Product Return

• I. Where the Product has been returned due to any reason/fault attributable to Seller, then the company shall on behalf of the Seller refund to the Buyer the Selling Price and delivery charges if any paid by the customer to purchase the Product and Seller shall be liable to pay the company reverse delivery charges as in the commercials. Such Selling Price refunded to the buyer by the company on behalf of the seller, shall be paid back to the company by the seller or may adjust in the upcoming payment settlement.
• II. Returns due to unsuccessful delivery to Customer or Customer cancellations prior to delivery completion are not charged. The Marketplace fee if any charged shall be returned. These returns are commonly termed as Return to Origin (RTO).
• III. Seller agrees and acknowledges that the Website/App shall be entitled to recover/adjust any outstanding amount due and payable by the Seller to the Website under this Agreement from any Seller Proceeds payable to Seller and Seller undertakes not to object to such recovery/adjustment.

C) General Obligations

• I. During the period of listing, the Seller shall appoint a grievance officer, who shall be the company point of contact with the seller for any and all matters related to the website/App, including but not limited to all sales and delivery related matters.
• II. The Seller shall be solely responsible for making any representations or warranties with respect to the quality of the Product to the Buyer, including all relevant Product warranties.
• III. The Seller shall be solely responsible and liable for any complaints and queries of the Buyers with respect to the Products.
• IV. The seller agrees and affirms the necessary infrastructure and arrangements to substantiate the credibility/authenticity of the products sold against any disputes/complaints. The seller shall submit or substantiate such necessary infrastructure and arrangements on the request of the company. The sellers shall protect and preserve all such proofs and documents relating to the sold products for at least 30 days from the date of invoicing an order.
• V. The seller shall maintain the records of all the Products purchased by the Buyers through the website/App, including the product returns, refunds, etc. as may be required for audit and regulatory purposes and for the customer service purposes.
• VI. The Seller undertakes and agrees to sell only those genuine and original products to the Buyers and not to sale any lesser value/sub-standard/duplicate products.
• VII. The Seller undertakes and agrees not to fulfil any purchase order with the substitute product, without the prior consent of the buyer through the substitute requisition form available against an order in the website/App.
• VIII. The seller undertakes and agrees to upload/maintain/update the error-free catalogues and contents of all product listing. The company shall be eligible to change the language of the catalogues and contents as required. It shall make sure the meaning of the catalogues and content shall not change in such case.
• IX. The Seller accepts that the company have the right to limit the maximum quantity of Product to be sold and listed on the website/App.

9. USER OBLIGATIONS

• 9.1 You are a restricted user of this Website/App and the company reserves the right to modify such restrictions from time to time.
• 9.2 Except with the written prior approval, any usage of data, information, content or any piece of work etc acquired or derived from the website/App from your end is strictly prohibited.
• 9.3 Any unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted. You shall not, nor allow third parties on your behalf to (i) make and distribute copies of the Website/App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website/App; or (iii) create derivative works of the Website/App of any kind whatsoever.
• 9.4. You agree not to access (or attempt to access) the website/App and/or the materials or Services by any means other than through the interface that is provided by the Website/App. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website/App, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App. You acknowledge and agree that by accessing or using the Website/App, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising concerning such offensive content on the Website/App. Further, you may report such offensive content by mail at customercare@cureshop.com
• 9.5. You may be allowed to upload information on the website/App; you undertake to ensure that such material is following prevailing laws. Further, you undertake not to:
  • i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
  • ii. Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App);
  • iii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • iv. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or unlawfully harassing including but not limited to indecent behaviour or representation.
  • v. Post any file that infringes the Intellectual Property Rights of other legal entities.
  • vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
  • vii. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • viii. Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of the Website/App, including any account not owned by you, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your information, as provided for by the Website/App;
  • ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
  • x. Collect or store data about other users in connection with the prohibited conduct and activities outlined in this Section.
  • xi. Use the Website/App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties;
  • xii. Violate any code of conduct or other guidelines, which may apply for or to any particular Service;
  • xiii. Violate any applicable laws or regulations for the time being in force within or outside India;
  • xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website/App contained herein or elsewhere;
  • xv. Violate any code of conduct or other guidelines, which may apply for or to any particular Service;
  • xvi. Threaten 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.
  • xvii. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
  • xviii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  • xix. Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
• 9.6 We shall not be responsible or held liable in any manner or answerable to any party(s) for any such actions on your part, violation of this clause would lead to potential criminal legal action against you, either by other Users of the Website/App or by us.
• 9.7 We can (and You hereby expressly authorize Us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. The company reserves the right, at all times, to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or response to a lawful court order or subpoena.
• 9.8 We have no obligation, to monitor the material posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website/App. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

10. USER ACCOUNT CREATION

• 10.1. To use certain features of the Website/App (e.g., placing an order, payments, subscription to offers, posting reviews/ratings, receiving offer emails/newsletters), you shall create a user account with the website by providing data and information about yourself as prompted by the Customer Information form, including, your name, gender, email address, an account password, mobile phone number and billing/shipping address. All of your registration information is protected by our Privacy Policy.
• 10.2. You represent and warrant that all data and information you submit during the registration process is truthful and accurate and that you will maintain the accuracy of such information.
• 10.3. Your account username and password belong personal to you. You may not transfer your account and you will be responsible for the activities associated with your account created with the website/App. The company shall not be liable for any loss, damages or difficulties caused to you or any third party(s), due to your failure of maintaining data and information related to your account. You shall ensure periodical reasonable security practices and diligence for ensuring the secrecy of your account credentials. You shall immediately notify the company through mail at customercare@cureshop.com If suspects any unauthorised activity or usage in your account.
• 10.4. By creating this account you agree to receive transactional and/or promotional communications from the company via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.

11. TERMS OF SALE

• 11.1 The company may accept or decline any order placed by you in its absolute discretion without liability to you. The company reserve the right, without prior notice, to limit the order quantity of any Products available on the website/App.
• 11.2 You understand and accept that the company is a facilitator and all Pharmaceutical products shall be sold & dispensed by a registered Pharmacist at a third-party licensed retail pharmacy(s) and other products and services which do not require any Pharmacist endorsement shall be sold &dispensed by a various registered third party(s). The company has only the duty to deliver such dispenses products to you at the address provided by you in the website/App, subject to the Government restrictions if any and prevailing Law.
• 11.3 We acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by the company and/or its affiliates. You confirm that you have had a physical examination by a registered medical practitioner and is holding a valid medical prescription for such pharmaceutical products.
• 11.4 The company reserves the right to discontinue any program or offer on its Website/App.
• 11.5 If you are the patient/parent/authorised person on behalf of the patient, you authorise and appoint the third party pharmacy(s) or registered third party(s) and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent the Pharmacy; and (b) packaging your prescriptions and delivering them to you. By making this purchase you hereby authorise the company and/or its affiliates to ship the order by hand/post/courier to your designated location. This authorisation shall include, but not be limited to collecting and using your personal and personal health information as reasonably necessary for the fulfilment of your order. "YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES."
• 11.6 If you are the parent/legal guardian/authorised person for the patient disclosed herein, you affirm that you are over the age of majority, and have full authority to sign for and provide the above representations to the company, third party pharmacy(s) or registered third party(s) and/or its affiliates on the Patient's behalf."

12. POLICY OF MEDICAL PRESCRIPTION

• 12.1 The company takes all precautions to strictly abide by the laws and regulations outlined in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
• 12.2 The company will not dispense any prescription medication without a valid prescription from a licensed physician. The website/App shall process the prescription medication(s) only after receipt of valid prescription by uploading in the website/App or by such other secured sources of communications prescribed by the company. The submitted prescription shall then be subject to the scrutiny of and approval by third-party pharmacy(s).
• 12.3 If the third party pharmacy(s) have any questions or concern about the prescription(s) you hereby authorize them to consult with an external network of doctors about the validity of the prescription.
• 12.4 The drug information provided in the website/App is for informative purposes only and this Website/App is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website/App.
• 12.5 The company requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from the website/App.
• 12.6 The company permits a caregiver to make an order of prescription medicines on your behalf, subject to the acceptance of terms and conditions.

13. PRICE AND PAYMENT

• 13.1 The usage of this website/App is free of cost and this free usage is limited to only certain services of the Website/App. The paid services will be prompted to you from time to time at the usage of such services.
• 13.2 For this section and the terms and conditions, Buyer would include any user choosing to use the services offered on our website/App. Seller means Us/Website/App/Company.
• 13.3 While using any of the payment methods/windows provided in the Website/App, the company shall not be responsible or assume any liability in any manner, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
  • i. Lack of any type of authorization for any transaction(s), or
  • ii. Approvals in any manner by any online payment system/providers/bank, or
  • iii. Any payment issues arising out of the transaction, or
  • iv. Decline of transaction for any other reason(s).
• 13.4 All payments made against the services on the website/App shall be in Indian Rupees or equivalent terms.
• 13.5 All the products listed on the website/App shall attract and include applicable statutory taxes and shall liable for all the prevailing tax laws of the country as applicable.
• 13.6 We make every effort to make sure that the pricing and availability of Products on our Website/App are accurate and up to date. However, in some cases or situations, there may be varied or changes due to product availability or prevailing laws. The company reserves the right to modify or cancel such services in such cases or situations.
• 13.7 We reserve the right to correct any inaccuracies or omissions related to the pricing and product availability/descriptions, even after the submission/placing of the order, and to change or update any other information at any time without prior notice.
• 13.8 There are delivery charges against the services of the company, based on the sales value; Note: Delivery charges quoted above are applicable on ALL Orders at the website unless otherwise specified by the company.
• 13.9 Delivery timelines may vary depending on the delivery location, type of product ordered and other statutory guidelines.
• 13.10 You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking, UPI, Digital Wallet Platforms and Online Payment System or Cash on Delivery.
• 13.11Credit/Debit Card Net Banking, UPI, Digital Wallet Platforms and Online Payment System are processed via our online payment service partners.

14. CANCELLATION, RETURN AND REFUND POLICY

• 14.1 The Website/App shall only be a facilitator for the products listed on the website. In the transaction of appointment bookings with a various registered third party(s), the website is connecting the user with the various registered third party(s). Once the appointment has been made and a confirmation has been given to the User, the Company shall inform the registered third party(s) who shall render the consult at the agreed time, location and mode provided at the time of booking the service. Once an appointment has made and it is confirmed at our end, no amount shall be refunded, in the event of a cancellation. However, in certain circumstances, the Company at its discretion shall permit a refund of the full or partial amount if the registered third party(s) becomes unavailable or if an alternative registered third party(s) is arranged to consult. The decision of the Company shall be final in such cases.

• Refund Policy:

  14.2 The Company will make its best to ensure customer satisfaction. The company will process and issue a full refund to its customers based on the conditions listed below:
  • • If a customer received a defective product or a wrong item delivery;
  • • If the ordered item(s) is lost or damaged during transit;
  • • If the ordered item(s) is past its expiry date.
• 14.3 The mode of refund is based on the mode of payment made by the customer. The refund processing period may vary according to the mode of refund. The company does not have any control over the processing of the refund by the online payment systems.
• 14.4 To initiate a refund, the company has provided various windows including Phone request to customer support, mail request to customer care, refund initiation through My Account after login. The company reserves the right to collect any products, bills and other information for the verification as a part of the refund process. The refusal to providing such products, bills and other information may lead to rejection of refund request.
• 14.5 You can get in touch with the company for queries and support on the website/App and listed products on 24 hours every day, 365 days per year through our customer support executives through by mail at customercare@cureshop.com

• Return Policy:

  14.6 We do our best to ensure that the products you order are delivered according to your specifications. However, should you receive an incomplete order, damaged or incorrect product(s), please notify our Customer Support immediately or within 5 working days of receiving the products, to ensure prompt resolution. No claim shall be entertained nor accept any liability for such delivery issues if you fail to notify us within 5 working days of receipt.
• 14.7 We also understand that various circumstances may arise leading you to want to return a product or products that are not defective. In these cases, we may allow the return of unopened, unused products after deducting a 20% restocking charge, ONLY if you notify us within 5 working days of receipt.

  Return Policy Exceptions:

  The returns are subject to the below conditions:
  • • Any wrong ordering of product doesn’t qualify for Return.
  • • Batch number of the product being returned should match as mentioned on the invoice.
  • • Return requests arising due to change in prescription do not qualify for Return.
  • • Product being returned should only be in their original manufacturer's packaging i.e. with original price tags, labels, bar-code and invoice.
  Category of Non-Returnable Product : Certain categories of products marked as non- returnable on product page, will not qualify for the Return as per 1mg Return policy. The details of the non- returnable products are mentioned below:

  Categories	Types of products
  Baby Care	Bottle Nipples, Breast Nipple Care, Breast Pumps, Diapers, Ear Syringes, Nappy, Wet Reminder, Wipes and Wipe Warmer
  Food and Nutrition	Health Drinks, Health Supplements
  Healthcare Devices	Glucometer Lancet/Strip, Healthcare Devices and Kits, Surgical, Health Monitors
  Temperature Controlled and Speciality Medicines	Vials, Injections, Vaccines, Penfills and any other Product, requiring cold storage, or medicines that fall under the category of speciality medicines.

• 14.8 Please note that we are unable to offer replacements or exchanges for the following product categories: Injections, Health Monitor & Equipment and Ortho Support.
• 14.9 Also, the company reserves the right to refuse returns (or refunds) for certain products, as marked in the respective product pages as Non-exchangeable/Non-returnable/Non-refundable.

17. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

• 17.1 You expressly agree that your use of this Website/App is at your sole risk. The information, products and all other details disseminated through this website are on “as available” basis. The company disclaim warranties of any kind to the extent allowed by the prevailing laws.
• 17.2 The company assumes no responsibility for any damages or viruses that may infect your device or other property on account of your access to, use of, or browsing in this site.
• 17.3 The company has applied reasonable efforts to ensure that all information published on the Website/App is error-free, complete and adequate at the time of posting; however, there may be errors or incompleteness in such information for which we shall have no liability. The company reserves the right to remove or alter any of the information contained on the Website at its sole discretion.
• 17.4 The company does not warrant or endorse the effectiveness, quality or safety of the products available on its Website/App.
• 17.5 We disclaim responsibility for any harm to persons resulting from any instructions or Products referred to in the Website/App. The company is not associated with any manufacturer of medicines or other products on the Website/App.
• 17.6 Despite every effort to provide accurate images of each product's colour and design, actual colours and design may vary slightly, due to different device screen settings, the lighting in the installation location, slight differences in product finishes over time and other factors. The Company will not accept responsibility for any colour or design differences. In purchasing from the website/App, you agree to accept the small risk that there will be a slight variation between the actual colour and design, and the representation on our website/App. Besides, please be aware that colours and textured finishes often vary between manufacturers.
• 17.7 The company explicitly disclaims any responsibility for the terms of use and privacy policies that govern the third-party websites, which are in no way associated with us.
• 17.8 You understand that the Website/App is a facilitator used to connect registered third party(s) and customers for appointments and sale of products. Even though the company will take all necessary diligence to the credibility and authenticity of the registered third party(s), you understand and agree that we shall not be liable for any deficiencies including but not limited to misconduct, injury caused or lack of knowledge from the end of the registered third party(s). We are not a party to such interaction and take no liability that arises from any such acts of the registered third party(s). The company does not practice medicine or any other licensed profession, does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. The company shall not be liable for any professional advice you obtain from a registered third party(s).
• 17.9 Any of the products you receive from a registered third party(s) are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed and continue to consult with your primary care physician and other healthcare professionals as recommended.
• 17.10 Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of website/App or telehealth services availed on the website/App. These risks include, but may not be limited to:
  • i. Information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Treating Provider;
  • ii. Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.
  • iii. Lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
  • iv. Failure of security protocols, causing a breach of privacy of personal health information.
• 17.11 By accepting these Terms of Use, you acknowledge that you understand and agree with the following:
  • i. You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured. You understand that the laws that protect the privacy and security of health information apply to telehealth, and have received Notice of Privacy Practices, which describes these protections in more detail. Electronic communications are directed to your Treating Provider(s) and their supervisees through a secure, encrypted video interface and electronic health record.
  • ii. Your Treating Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.
  • iii. Concerning psychotherapy, you are entitled to receive information from your Treating Provider about the methods of therapy, the techniques used, the duration of your therapy (if known), and the fee structure. You can seek a second opinion from another therapist or terminate therapy at any time.
  • iv. Concerning psychotherapy, if you and your Treating Provider decide to engage in group or couples therapy (collectively “Group Therapy”), you understand that information discussed in Group Therapy is for therapeutic purposes and is not intended for use in any legal proceedings involving Group Therapy participants. You agree not to subpoena the Treating Provider to testify for or against other Group Therapy participants or provide records in court actions against other Group Therapy participants.
  • v. You understand that anything any Group Therapy participant tells the Treating Provider individually, whether on the phone or otherwise, may at the therapist’s discretion be shared with the other Group Therapy participants. You agree to share responsibility with the Treating Provider for the therapy process, including goal setting and termination.
  • vi. You can send messages to your Treating Provider by contacting Customer Support. If you are experiencing a medical emergency, you should call the emergency ambulance number or go to the nearest emergency room.
  • vii. All communication between the Doctor/registered medical practitioners and you is a separate transaction which includes without any limitation all warranties related to consulting and after consult services related to consulting. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication. We do not endorse any specific Doctor/registered medical practitioners on the App nor place any guarantee as to its quality and value. Any such recommendations that are done are done by other users and the Company does not verify or acknowledge the same.
• 17.12 Further the treatment suggestions or products are following the information as provided by you and availed by us within our knowledge but we do not guarantee any effectiveness or success upon using these services. Subject to the above sub-clauses, a contract exists between the Doctor/registered medical practitioners and You and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the Doctor/registered medical practitioners and you alone and we are in no way a party to such breach or involved in any suit claim/negligence/damages etc arising from the same breach.
• 17.13 Even though we authenticate and approve the Doctor/registered medical practitioners, You are expected to check and satisfy the creditworthiness of the Doctor/registered medical practitioners and the genuineness of the skill. We are not liable for the same.
• 17.14 We are in no way liable for any deficiency of services if any arises including but not limited to cancellation of order due to any unavailability of the Doctor/registered medical practitioners. We are not liable for the general conduct of the Doctor/registered medical practitioners and we shall not be liable for any unwarranted act performed by the Doctor/registered medical practitioners. You are advised to ensure your safety and the safety of your belongings.
• 17.15 The content on the Website/App is general and is provided for informational purposes only. The content of the Website/App including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind.
• 17.16 We do not assume any liability for the contents of any material provided on the website/App. Reliance on any information provided by us, other visitors to the Website/App is solely at your own risk. We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this Site without notice.
• 17.17 You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in Your information, in any media now known or not currently known, concerning your information to enable us to use the information to provide the Services.
• 17.18 You release and indemnify us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website/App and specifically waive any claims that You may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
• 17.19 The parties hereby agree that the Platform shall be held liable neither to the Doctors/registered medical practitioners nor the Patients/users for any offer of service/consultation/ communication made between them for whatsoever reason it may be. Further, the platform/company shall not be held liable either by the Doctor/registered medical practitioners or the patients/users for any technical mishap of whatever kind.
• 17.20 The Platform is only an intermediary and cannot be held liable for any dispute/claim/damages etc that arise between the Doctors/registered medical practitioners and the Patients/users for whatsoever reason it may be. Both hereby agree to indemnify the company for any such claims.
• 17.21 You expressly understand and agree that to the maximum extent permitted by applicable law:
  • 1) The website/app, services and other materials are provided by this website/app is 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, we make no warranty that:
    • (i) your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
    • (ii) materials, information obtained and results will be effective, accurate or reliable;
    • (iii) any errors or defects in the website/app, services or other materials will be corrected.
  • 2) To the maximum extent permitted by applicable law, we will have no liability related to user content arising under intellectual property rights, label, privacy, publicity, obscenity or other laws. We also disclaim all liability concerning the misuse, loss, modification or unavailability of any user content.
  • 3) The user understands and agrees that any material or data downloaded or otherwise obtained through the website/app is done entirely at their 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. We are not responsible for any typographical error leading to an invalid coupon. We accept no liability for any errors or omissions, concerning any information provided to you whether on behalf of itself or third parties.
  • 4) We shall not be liable for any third-party product or services.

6. Payment

• 6.1. The Seller shall receive the payment for the products as per the agreement between the seller and the company. Payment shall be done for all orders processed in a week, deductible with cancelled/returned orders or anything for which payment is to be recovered from the seller.
• 6.2. The transactions, transaction price and all commercial terms are as per principal to principal bipartite contractual obligations between seller and buyer and the payment facility is merely used by seller and buyer to facilitate the completion of transaction. Use of the payment facility shall not render the company liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the website/App.
• 6.3. The seller have specifically authorized the company or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyer in respect of transactions through payment facility. Your relationship with the company is on a principal to principal basis and by accepting this terms and conditions you agree that the company is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the website/App and paid for by using the payment facility. The company does not guarantee the identity of any buyer nor does it ensure that a buyer or a seller will complete a transaction.
• 6.4. The seller understand, accept, and agree that the payment facility provided by the company is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the website/App using the existing authorized banking infrastructure and credit card payment gateway (PG) network, following the applicable laws. Further, by providing payment facility, the company neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
• 6.5. The company reserves the right to enable or disable the Cash on Delivery (COD) option for select categories, products or geographical regions.
• 6.6. The seller hereby undertakes and accepts that the online payments are processed by using the payment gateway provided by the respective issuing bank/institution that supports payment facility. Such online payments facilities are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.
• 6.7. The seller registration on the website/App is free. The company does not charge any marketplace fee for browsing/registering on the Website/App. The company reserves the right to change its marketplace fee policy from time to time. The company reserves the right to introduce marketplace fees for the new services offered or amend/introduce marketplace fees for existing services, as the case may be. Changes to the marketplace fee policy shall be communicated to you and such changes shall automatically become effective immediately from the date of communication. Unless otherwise stated, all marketplace fees shall be quoted in Indian Rupees (INR) and payable to the company. You shall be solely responsible for compliance with all applicable laws for making payments to the company. Any seller initiated/sponsored promotion will be recovered from the seller. The same can be deducted from payments to seller.
• 6.8. The Seller agrees and acknowledges that the company retain the right to deduct tax collected at source “TCS” as per the Applicable Law. The Seller shall be responsible for reconciliation of Tax Collected at Source (TCS) with the company statements, within the timelines specified by the law, from time to time. Upon fulfilment of statutory obligations including collection, payment and filing of returns to the respective authorities, the Website/App shall not be responsible for any inability on the part of the Seller, to claim a tax credit of the applicable tax collected from it by the website/App.
• 6.9. The seller undertakes the responsibility to provide correct Harmonized System Nomenclature Code/Service Accounting Code to the company, at the time of listing its Products on the company.

7. Limited License

• 7.1. The website/App grants sellers a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Cureshop" and/or “Cureshop.com” name and/or logo on seller’s invoice for transactions concluded on the website/App. Further, the company grants sellers a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Cureshop” and/or “Cureshop.com” name and/or logo on packing material used by sellers for delivery of Products sold on the website/App.

8. Use of the Website

• 8.1. You agree and understand that the website merely provide hosting services to its registered users and persons browsing/visiting the website/App. All products listed are solely owned by the registered sellers and any advertisements/reviews placed/posted in the website/App third party user generated contents. The company shall not have any responsibility or liability in relation to or arising out of third party user generated content.
• 8.2 You agree, undertake and confirm that your use of the website shall be strictly governed by the following binding principles:

  A. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

  • i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
  • ii. Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website);
  • iii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • iv. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or unlawfully harassing including but not limited to indecent behaviour or representation.
  • v. Post any file that infringes the Intellectual Property Rights of other legal entities.
  • vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App;
  • vii. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • viii. Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of the Website/App, including any account not owned by you, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your information, as provided for by the Website/App;
  • ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
  • x. Collect or store data about other users in connection with the prohibited conduct and activities outlined in this Section.
  • xi. Use the Website/App or any material or Content for any purpose that is unlawful or prohibited by these terms and conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties;
  • xii. Violate any code of conduct or other guidelines, which may apply for or to any particular Service;
  • xiii. Violate any applicable laws or regulations for the time being in force within or outside India;
  • xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website/App contained herein or elsewhere;
  • xv. Violate any code of conduct or other guidelines, which may apply for or to any particular Service;
  • xvi. Threaten 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.
  • xvii. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
  • xviii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  • xix. Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
• 8.3. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation of the company or sellers on the website or otherwise tarnish or dilute any trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us.
• 8.4. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website/App, or any service offered on or through the Website/App.
• 8.5. You shall understand and agree that the company reserves the right to use any content that may be uploaded or posted on the website/App by you and grant us the perpetual and transferable rights in that content. We shall be entitled to, follow with our Privacy Policy as adopted following applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include any content you provide and are not entitled to any payment or other compensation for such use. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this Website/App or stored on our servers or hosted or published upon this Website/App.
• 8.6. You shall not engage in advertising or solicitation of other sellers on the website/App to buy or sell any products, including but not limited to products related to what is displayed on the website/App. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the website/App. It shall be a violation of the terms and conditions to use any information obtained from the website/App in order to abuse or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you.
• 8.7. We can (and You hereby expressly authorize Us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. The company reserves the right, at all times, to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or response to a lawful court order or subpoena.
• 8.8. We have no obligation, to monitor the material posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website/App. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.14. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Website/App (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Website/App.
• 8.9. We shall not be responsible or held liable in any manner or answerable to any party(s) for any such actions on your part, violation of this clause would lead to potential criminal legal action against you, either by other Users of the Website/App or by us.
• 8.10. Except with the written prior approval, any usage of data, information, content or any piece of work etc acquired or derived from the website/App from your end is strictly prohibited. Any unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted. You shall not, nor allow third parties on your behalf to (i) make and distribute copies of the Website/App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website/App; or (iii) create derivative works of the Website/App of any kind whatsoever.
• 8.11. You agree not to access (or attempt to access) the website/App and/or the materials or Services by any means other than through the interface that is provided by the Website/App. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website/App, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App. You acknowledge and agree that by accessing or using the Website/App, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising concerning such offensive content on the Website. Further, you may report such offensive content by mail at customercare@cureshop.com
• 8.12. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you, due to your use of the Website/App and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Website/App, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website/App. Please carefully select the type of information that you publicly disclose or share with others on the Website/App.
• 8.13. The company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
• 8.14. In the event of any claim/dispute arising out of this terms and conditions initiated by the company/buyer/any other party, not limited to any mal-practice/misappropriation by the seller, shall be borne completely by the seller, including the legal costs.
• 8.15. If any information is not provided but required to better represent the Product on the website, the company shall intimate the Seller about the same and it shall be provided 14 days from the date of such request made by the company.

9. Transfer of Ownership of Product and Consumer Rights

• 9.1. The Seller shall offer standard manufacturers or Seller’s warranty actually associated with the Products.. The Seller shall be solely responsible to issue a suitable, duly stamped, manufacturer’s warranty card to the Buyer with the Product at the time of invoicing of the Product, if applicable.
• 9.2. The company will ensure that are products are not sold above MRP and the pricing not limited to discounts/offers will be at the discretion of the seller.
• 9.3 The website/App shall run schemes for the purpose of improving their operational efficiency. The said scheme shall be announced by the company from time to time. Participation in these schemes is at the discretion of the sellers. The said schemes shall be informed to the seller's prior before the supply/sale of product and only on acceptance, the scheme will be applicable.

10. Representations and Warranties

10.1. The Seller represents and warrants that:

• i. The Seller is an authorised seller has and shall maintain all licenses and registrations required for selling the Products online.
• ii. The Seller shall not describe himself/itself as an agent or representative of the website or make any representations to any Buyer or any third party or give any warranties.
• iii. The Seller agrees to attend to, and resolve, the Buyers queries with regard to the quantity and quality of the products within 24 hours from the receipt of such queries.
• iv. The Seller agrees, acknowledges and understands that: The permission granted by the company to use the website/App as an online marketplace is on a non-exclusive basis; The website/App reserves the right to deny access to, or revoke such permission to use the website/App at any time and shall have the right to remove the listing of any Product being offered for sale by Seller.
• v. Seller hereby provides his consent allowing various banks, online payment service provider, payment instrument provider offers cash back on usage of their payment instrument to the buyers for payment of Product / Services.
• vi. The data of the Buyers shall be the exclusive property of the company, and Seller will not use the same for Seller’s own purpose or distribute or sale or use such data in any form or means except for the purpose of this terms and conditions. The Seller also represents that the Seller shall not purchase any our website/App metatags on the Internet without the prior written consent of the website/App.

11. Intellectual Property Rights

• 11.1. All parties agree that all Intellectual Property Rights, belonging to each party as of the Effective Date, are the exclusive property of the respective party and cannot in any circumstances be used, or copied, or altered in any manner which is identical/ similar brands/logos/trademarks of the other party without being specifically authorized in writing by that other party.
• 11.2. The Seller recognizes and confirms that the company has the exclusive right to supervise, allow and reject the contents of the website/App.
• 11.3. The Seller hereby grants to the company the right to display/de-list the Products (as updated or to be updated by Seller on the Seller Panel at any/all times) along with the related logo and/or trademark and/or brand name, etc.of the Products for marketing/selling through the website. It can also use the same on various digital or physical copies to improve the business.
• 11.4. As per the Terms and Conditions for users of the website/App, the Website/App grants access to Users/Customers to view the content solely for visiting, ordering, and communicating only. All materials in this Website/App, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Website/App are copyrights and/or other intellectual properties owned by the company. All other trademarks not owned by the company that appear on this Website/App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the company.
• 11.5. The Seller acknowledges that the website/App is merely an intermediary with respect to the Products listed on the website/App. However, on receiving written notification of any alleged infringement of third-party intellectual property rights due to display or sale of any Products/third party trademark or copyrighted matter on the website/App (including availability or sale of counterfeit goods on the website), the Website/App may, at their own discretion, remove / delist the allegedly infringing Products / content from the website/App, with or without prior notice to Seller.
• 11.6. Intellectual Property Rights complaint The Website/App respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Website/App at info@cureshop.com. The company shall take necessary actions within 48 hours of receipt of the mail.
• 11.7. Trademark, Copyright and Restriction The Website/App is controlled and operated by the company and products are sold by the registered sellers. All material on the Website/App, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

12. Indemnification

• 12.1. The Seller agrees and undertakes to indemnify and to hold harmless the website/App, the company, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorney’s fees) incurred by reason of (i) any breach or alleged breach by the Seller of the Seller’s obligations, representations, or warranties hereunder; (ii) any violation by the Seller of Applicable Law or regulation (including law governing information technology, money laundering, data protection and consumer protection); or (iii) any breach by the Seller of any policies or terms and conditions (iv) Any fraud, willful default, gross negligence, malpractice and misrepresentation by the Seller, and (v) Any violation of third Intellectual Property Rights (vi) any claim made by Buyers for inaccurate Product availability details that are displayed on the website due to any negligence / default on the part of Seller (vi)any dispute/ claim under the Consumer Protection Act, 1986 by the buyer.

13. Term, Termination and Consequences Of Termination

• 13.1. Notwithstanding anything contained under this terms and conditions, any party may terminate this terms of agreement acceptance for convenience
  Upon termination;

  • i. The company with immediate effect shall block Seller’s access to the website/App and consequently, Seller shall not be able to offer any Products to the Buyers thereafter and shall not have the right to re-register himself /itself as a Seller on the Website/App at any time after such termination, unless the company, in its discretion, permits such re-registration.
  • ii. Each party shall return to the other party(s) all the confidential information of the disclosing party and all other properties and materials belonging to such disclosing party. Where the Confidential Information cannot be returned in material form, the receiving party shall destroy all of the disclosing party’s confidential information and shall provide the disclosing party with a certificate of destruction with respect to the same;
• 13.2. It is agreed that such provisions and obligations which, by their very nature, survive the termination, shall continue to be binding on the Parties.
• 13.3. On the termination, the Seller will be entitled to only the Seller Proceeds which have become due to Seller on account of any purchase of the Products, made prior to the date of termination. The company shall be entitled to adjust any monies due from Seller to them till the date of termination, from the Seller Proceeds payable to Seller upon termination.
• 13.4. Without prejudice to the foregoing, the termination pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which either party may have, arising out of the event which gave rise to the right of termination.

14. Dispute Resolution

• 14.1. These Terms and conditions will be governed by and construed following the laws of India without regard to its conflicts of law provisions. Any failure of the Website/App Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Website/App/Company, and all other provisions for which survival is equitable or appropriate.
• 14.2. In the case of a conflict between these terms and the terms of any electronic or machine-readable statement or policy, these Terms and conditions shall prevail. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms and conditions shall prevail.
• 14.3. All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
  • a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. If the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
  • b) Arbitration. If the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Ernakulam in the state of Kerala, India. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Ernakulam shall have exclusive jurisdiction over any disputes arising between the Parties.

15. Confidentiality

• 15.1. The Parties shall not at any time divulge, or allow to be divulged to any person, any Confidential Information unless the said information comes in public domain without breach by either party, however, no party shall be precluded from disclosing any information to the extent required in the legal proceedings. The Parties agree that they shall not use the Confidential Information for any purpose, other than as may be reasonably necessary for the performance of their duties pursuant to this Agreement, without the other party(s) prior written consent. The obligations under this Clause shall survive the termination.

16. Changes To These Terms And Conditions

• 16.1. The company reserves the right to amend these terms and conditions from time to time without further notice to you. Any such amendments will be effective once it is uploaded as terms and conditions on the website/App. It is your responsibility to review the terms and conditions regularly. Your continued use of the Website/App following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.

17. Force Majeure

• 17.1. Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to Force Majeure Event.

18. Website Availability

• 18.1. We take all reasonable care to ensure the availability of the Website/App for 24 hours every day, 365 days per year. However, the Website/App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. The company does not warrant uninterrupted access to this website/App or any linked website/App. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website/App.

19. Records

• 19.1. The Seller agrees that at all times during the term of this Agreement, shall maintain appropriate records relating to transactions covered under this agreement and shall allow the Website/App to examine, inspect, audit, and review all such records and any source document pertaining to the transaction covered under this Agreement upon written notice to the Seller at least 5 (five) business days’ prior notice.
• 19.2. ENTIRE AGREEMENT: This Agreement, including Annexures, Privacy Policy, Terms & Conditions and Commercials added from time to time, shall constitute the entire and final agreement between Seller and the Website/App with respect to the subject matter covered herein.

20. Severability

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

21. Communication

Grievance Officer of the Company

• Name of Grievance Officer : Cure Shop
• Designation : Customer care
• Complete Address : Madassery Buildings, Behind Kalyan Hypermarket, West Palace road, Thrissur - 680020
• Telephone number :
• E-mail : customercare@cureshop.com
• Source : https://cureshop.com/contactus