Terms and Conditions

Terms and Conditions

This document is an electronic record, generated in compliance with the terms and rules of the Information Technology Act, 2000. Amended provisions, pertaining to electronic records in various statutes, will be in accordance with the amendments made in the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the website. Please read the following terms and conditions very carefully as your use of the services of this website, the mobile application, both medium also referred to as Flipkart Health, is subject to your acceptance of and compliance with the following terms and conditions.


Acknowledgement of Terms: When you access this website, mobile application you acknowledge that you have read the terms and conditions set forth below and understood that access to this website/mobile application is subject to the provisions of the same. If you do not agree to the terms and conditions set forth below, you should exit this website/mobile application now.


Definition

Flipkart Health: Flipkart Health means digital health platform consists of Website flipkarthealthplus.com and Mobile Applications, being controlled and operated by Flipkart Health Limited, Innovation Tower, Premises No. 16-315, Plot No. DH6/32, Action Area-1D, Newtown, Rajarhat, Kolkata - 700156, West Bengal, India.

The term website shall include Mobile App.

Pharmacy: Pharmacy means an independent retailer working as Retail Chemists & Druggists and holds a valid license to operate as Retailer under the provisions of Drugs & Cosmetics Act, 1940 and rules there under and also holds other required licenses and registration under the provisions of applicable laws, hereinafter also referred as Sellers.

Lab: Lab means independent pathology lab having valid license/registration/NOC to operate as Pathology under the provisions of Clinical Establishment Act and other laws.


Language of the Terms

The terms are incorporated herein in English language and Flipkart Health does not provide you with a translation of the English language version of the Terms and if there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.


General Information

It is the duty of the users to read the terms and conditions of Flipkart Health (which is likely to change from time to time) before accessing it. Wherever the context so requires, 'User', 'you' and 'your' shall relate to any natural or legal person who visits, browses through, accesses, uses, or become a buyer on, the website by providing Registration Data while registering as Registered User using the computer systems. Flipkart Health allows the User to surf the website or App or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean Flipkart Health Limited.

Your use of this website, its tools and information are governed by the following terms and conditions ("Terms & Conditions"). If you use this website, you shall have to follow the policies, terms and conditions that are mentioned in this agreement.

ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES THAT YOU AGREE TO ABIDE BY ALL THE TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT. SO PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE PROCEEDING. Further, any individual, who has agreed to become a Registered User of Flipkart Health by providing his/her Personal Identification Data, shall agree to abide by the terms and conditions of this website and privacy policy, which is owned and provided by Flipkart Health.

The information on this website is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics and information, contained on or available through this website is for general information purposes only. Flipkart Health makes no representation and assumes no responsibility for the accuracy of information contained on or available through this website and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this website with other sources and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH ANY WEBSITE.

Flipkart Health does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific products, procedures, treatments, opinions or other information that may be contained on or available through this website.


Consumer Protection Compliance

In accordance with the Consumer Protection (E- Commerce) Rules, 2020, requisite information is mentioned below:

  • Legal name of the e-commerce entity - Flipkart Health Limited
  • Address of its headquarters and all its branches:
    • Registered Office: Flipkart Health Limited, Innovation Tower, Premises No. 16-315, Plot no DH6/32, Action Area-ID, Newtown Rajarhat, Kolkata-700156, West Bengal, India.
    • Corporate Office: Flipkart Health Limited, Innovation Tower, Premises No. 16-315, Plot no DH6/32, Action Area-ID, Newtown Rajarhat, Kolkata-700156, West Bengal, India.
    • Branch office/s: Flipkart Health Limited, Innovation Tower, Premises No. 16-315, Plot no DH6/32, Action Area-ID, Newtown Rajarhat, Kolkata-700156, West Bengal, India.
  • Name of Website - www.healthplus.flipkart.com
  • Contact Details of Customer care and Grievance officer are as follows:
    • Customer Care Support - For any query or complaint you are requested to contact our customer care at to Email id care@flipkarthealthplus.com
    • Grievance Officer: Mr. Amogh M.
      Email: grievance-officer@flipkarthealthplus.com
      Address: Flipkart Health Limited, Innovation Tower, Premises No. 16-315, Plot no DH6/32, Action Area-ID, Newtown Rajarhat, Kolkata-700156, West Bengal, India.

Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India, including but limited to:

  • the Indian Contract Act, 1872 ("Contract Act");
  • the (Indian) Information Technology Act, 2000 ("IT Act") and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules ("IG Guidelines");
  • the Drugs and Cosmetic Act, 1940 ("Drugs Act"), read with the Drugs and Cosmetics Rules, 1945 ("Drugs Rules");
  • the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 ("Drugs and Magic Act");
  • The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
  • Pharmacy Act, 1948 ("Pharmacy Act") and
  • the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.
  • Poison Act, 1919
  • Telemedicines Practice Guidelines,2020
  • Medical Devices Rules, 2017
  • Cosmetics Rules, 2020
  • NDPS Act, 1985

Any litigation arising out of or in connection with this website shall directly come under the jurisdiction of Bengaluru courts, Karnataka, India only.


Membership Eligibility

Companies/Individuals who are allowed to enter into a legally binding contract within the purview of the Indian Contract Act, 1872, shall be eligible for membership or registration at Flipkart Health. Our services are not available to individuals below 18 years or to users who have been terminated or removed from the system by team Flipkart Health for some reason or the other.

Members must be humans. No machines, scripts, or automated services are permitted to become members.


Privacy

Any information provided by our customers is private and confidential. And we respect customers' privacy. By providing your Mobile Number during registration, you agree to being contacted by Phone, SMS, instant messaging or Any Other Channel.

To know more about our privacy policies, visit our privacy policy section. We assume that as a responsible user you agree to abide by our privacy policies.


Other Services

Diagnostics Services:

Flipkart Health facilitates the Users to avail diagnostic test/ packages facilities offered by Third Party Service Providers through the Website. Such Third Party Service Providers may also offer other services in relation to the diagnostic test/package facilities including but not limited to sample collection, home collection, conducting tests, generating, and delivering lab reports etc (collectively, "Diagnostic Services"). Flipkart Health is not and shall not be responsible for any Diagnostic Services offered, performed or delivered by the Third Party Service Providers and does not deal with any of Third Party Service Providers' client or patient managed by Third Party Labs through the Website and only provides facilitation Services to the Users through the Website.

Notwithstanding anything to the contrary contained herein, Third Party Service Providers alone shall be liable for dealings and interaction with Users contacted or managed through the Website and Flipkart Health shall have no liability or responsibility in this regard. Flipkart Health does not endorse any tests included in the Diagnostic Services nor guarantees or makes any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Service Providers. Third Party Service Providers are solely responsible for ensuring compliance with laws applicable to provision of Diagnostics Services by them.

Teleconsultation Services:

For products and services which are required to be prescribed by qualified professionals under law, Flipkart Health allows processing of such orders on the website only on confirmation by the Sellers that a valid prescription has been uploaded by you. In cases where the prescriptions uploaded by you are invalid, illegible, or expired or if prescription is not uploaded by you, we may, through third-party vendors connect You with third-party professionals (“Professional”) who have represented that they have the requisite qualifications under law and are suitable to deliver the health care advice that may be required to rectify the prescription, in case of invalid/illegible/expired prescription or issue a prescription in case prescription is not uploaded by you, based on the information that You provide to them ("Teleconsultation Services").

You agree and acknowledge that you will be redirected to the Teleconsultation Services only in limited cases where prescription validation or prescription issuance is required, and they should not be treated as a replacement for obtaining medical advice from your doctor or uploading valid prescriptions on the website. The words “Your Physician” or “Your Doctor” or “Healthcare Provider” or similar words on the Website, shall mean any registered medical Professional with whom the User has a doctor-patient relationship off the website. The Teleconsultation Services and any issue or non-issue of prescription or issue of alternate drugs in the prescription will be at the sole discretion of the Professional and Flipkart Health has no relation to or influence on the Teleconsultation Services or the Professionals. It may be determined by the Professional that the Teleconsultation Services are not the right mode for evaluating or diagnosing your medical condition or that a prescription cannot be issued through the Consultation Services, in which case, the order may not be processed any further on the website as orders requiring prescription are not processed without a valid prescription. Flipkart Health shall not be responsible for processing of such orders, and you agree that such situations do not amount to a deficiency in services of the website. Further, the Professional is also entitled under law to determine the medium of such Consultation Services, whether through text, audio or video media, in which case you provide your explicit consent to receive the Consultation Services through the medium determined by Professional, failing which the Professional has the right to refuse the Consultation Services. You agree and acknowledge that Flipkart Health shall not be responsible for any loss, damage, injury, inconvenience caused to you or any other party due to or arising out of, the refusal of Consultation Services by the Professionals or due to unavailability of the Consultation Services at any time by the third-party vendor.

The Consultation Services are provided on 'as is' or 'as available' basis only, without any warranties or representations from Flipkart Health. Therefore, You are free to confirm the advice rendered through the Consultation services with Your Doctor. You agree and acknowledge that the third-party vendor through which You are connected with the Professionals for Consultation Services as well as the Professionals themselves are independent contractors, whose services are being availed by You upon Your implied/ explicit consent and hence, Flipkart Health, in no event, shall be directly or vicariously liable for any advice, medical consultancy or any other loss arising pursuant to Your engagement with such third parties. Your reliance on such Consultation Services, Professionals, medical advice and/or prescriptions issued pursuant to the Consultation Services is solely Your responsibility and at Your sole discretion, and Flipkart Health assumes no responsibility and/or liability in relation to Your consultation/communication with such Professionals, including but not limited to the quality of services offered by such Professionals, which shall at all times be at Your sole risk and responsibility.

Further, it is Your responsibility for ensuring that the information submitted is accurate and the Flipkart Health shall not make any effort to validate any information provided by You for using the Consultation Services. The Professionals will not be examining You physically and hence it shall be your responsibility to furnish all such information and medical history as sought for by the Professionals to enable them to issue a valid prescription pursuant to the Consultation Services. In case of your inability or refusal to share appropriate and sufficient information required by the Professionals, the Professionals are enabled under law to refuse to provide the Consultation Services.

By accepting these terms and conditions, You give your explicit consent for processing of your order on the website basis the prescriptions issued by the Professionals pursuant to the Consultation Services. The Professionals at their sole discretion and professional judgment may prescribe alternate drugs or medicine than the ones present in original invalid prescription uploaded by you. You give your explicit consent for your order to be processed on the website basis prescriptions containing alternate drugs, provided such alternate drugs are made available by the Sellers on the website.

We assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at the sole responsibility of the Sellers supplying the medicines to You. Reliance on any information provided on the Website is solely at Your own risk. You should follow the advice of Your Doctor at all times. The Consultation Services are not for use in medical emergencies or for critical health situations and may not be the best solution where a face-to-face consultation is required. In case of emergencies, you should call Your nearest doctor/hospital or any related helpline and seek immediate medical assistance without any delay and should under no circumstances, delay seeking advice from Your nearest doctor/hospital on account of something that the Professional may have prescribed or You may have heard/viewed on the Website.

Flipkart Health in no event recommends or endorses any specific medicines, tests, physicians, products, procedures, opinions, or other information that may be provided by the Professional and the Flipkart Health bears no responsibility or liability for the correctness and genuineness of any such advice or prescriptions provided by the Professional, and the Professional shall solely be responsible and liable for the same. The opinions, statements, provided by the Professionals shall not reflect the opinions of Flipkart Health, its affiliates etc. Flipkart Health also makes no warranty that the Consultation Services will meet Your requirements, or that the Consultation Service(s) will be uninterrupted, timely, secure, or error free. You understand and agree that Flipkart Health will not be liable for your interactions and associated issues with the Professional; the ability or intent of the Professionals, in fulfilling their obligations towards you; any wrong medication or quality of treatment being given by the Professionals, or any medical negligence on part of the Professionals; inappropriate treatment, or similar difficulties or any type of inconvenience suffered by you due to a failure on the part of the Professional to provide the Consultation Services. In the event of any non-compliance or malpractice by the Professionals, You affirm that You will bring to our immediate attention, any such incidence, for us to take necessary actions required under applicable laws and raise it with the third-party vendors. Further, You affirm that You shall not take any action against the Flipkart Health for any acts (or omission) of the Practitioners.

Further, the recordings and logs of the Consultation Services may be retained by the third-party vendors as per their privacy policy or Professionals as required under law. Kindly refer to the policies followed by the third-party vendors or consult the Professionals on the nature and extent of data retained by them. It is clarified that Flipkart Health does not have access to any exchange, interaction, information, data, medical history etc that you may share with the Professionals as part of the Consultation Services or the recordings of the Consultation Services sessions. Please see our privacy policy page, for more information on storage, use, and protection of sensitive data and personal information that may be included in prescriptions that are redirected by the Professionals to the website.


Account and Registration

To become a registered user at Flipkart Health, you need to open an account with us. Remember, it is the user's responsibility to keep his/her password and account details confidential. You also agree to accept responsibility for all activities that occur under Your Account or Password. Flipkart Health shall not be liable for any loss or damage, which may take place if the user fails to protect his/her account details or password. In case you notice suspicious activities that threaten disclosure of your account details, please contact us immediately at care@flipkarthealthplus.com. If Flipkart Health has reason to believe that there is likely to be a breach of security or misuse of the website; then, we may ask you to change your password or, we may also, deactivate your account without your consent.

You also agree to:

Provide accurate, current and complete information about yourself, known as "Registration Data", while registering as a new user on Flipkart Health.

Maintain and regularly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Flipkart Health has reasonable grounds to suspect that such information is untrue, inaccurate, and not updated; then, this may result in the termination of your user membership at Flipkart Health.

By creating this account, you agree to receive communications from us via promotional SMS, Emails, Push Notifications, Telephone and Chat at any time. You consent to be contacted by us in case of any order or shipment or delivery related updates and/or to update you about new offers and promotions.

We will take sufficient care in not sharing your personal information to any third party to initiate any promotional Phone Calls/SMS/Emails. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email at care@flipkarthealthplus.com with the Subject Line "Unsubscribe".


Maintenance

This website may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to this website and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, this website shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.

Discontinuation or Modification to Services

This website reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at anytime with or without notice to the User. There shall be no liability on behalf of this website to the User or any third party in case this website exercises its unilateral right to modify or discontinue the Service.


User Conduct

You Agree and Confirm

1. That you will use the services provided by Flipkart Health, its affiliates, consultants and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using this website and transacting on this website.

2. That you will provide true, accurate, complete and current information in all instances when such information is requested from you. Flipkart Health reserves the right to confirm and validate the information and other details provided by you at any point of time.

If upon confirmation, your details are found not to be true (wholly or partly), Flipkart Health has the right, in its sole discretion, to reject the registration and debar you from using the Services of Flipkart Health and / or other affiliated websites without prior intimation whatsoever.

3. That you are using your prudent judgment while using Flipkart Health.

4. That you agree to use the Services only for purposes that are permitted by:

- a) The Terms set out herein and

- b) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).

5. That you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

6. That you agree to ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 as amended from time to time. That you shall not engage in any transaction which is prohibited by the provisions of any applicable law including the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 as amended from time to time.

Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Flipkart Health.

7. You understand and agree that Flipkart Health provides only information and knowledge and acts as a bridge between users and the Sellers. All commercial/contractual terms and agreements are between users and Sellers. Flipkart Health is a communication medium. All orders are accepted and fulfilled by independent licensed chemist subject to verification of Valid Prescription by the said chemist. By accepting Terms and Conditions to use this Technology Service, you hereby confirm that you are placing order only for fulfillment of valid prescription. Flipkart Health is not responsible for any breach or non-performance of any contract entered between users and sellers. You agree to indemnify and hold harmless Flipkart Health, its owners, subsidiaries, licensees, affiliates, joint ventures, third parties and their respective directors, agents, franchisees, suppliers, information providers, employees and their successors from and against any and all claims or demands, actions, liabilities, damage, losses, costs and expenses, including reasonable attorney's fees made by any third party or penalty/penalties imposed due to breach or non-performance or any issues arising from your transaction with the Sellers.

8. You understand and agree that exhibit and offer for sale of Medicines, if any, at Flipkart Health is only by the Pharmacy

9. You understand and agree that Flipkart Health is just a communication platform between you and Lab and other Service Providers.

10. That unless you have been specifically permitted to do so in a separate agreement with this website, you agree that you will not reproduce, duplicate, copy, the content of this website for any purpose.

11. That you are solely responsible for (and that this website has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which this website may suffer) of any such breach.

12. That you have given consent to keep records of telephone calls received from you and made to you for making enquiries, orders or other reasons for the purposes of user administration, research and development, improvement in services, administration of services etc.


Limitations of Usage

This Website cannot be used for any of the following purposes:

  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, obscene, or otherwise objectionable material.
  • Transmitting offensive materials that may violate relevant laws, regulations and ethics of pharmacy.
  • Gaining unauthorized access to other computer systems.
  • Interfering with any other person's use of the website, its features and services.
  • Breaching any applicable laws.
  • Interfering or disrupting networks or websites connected to Flipkart Health.
  • Making, transmitting or storing electronic copies of copyrighted materials, design details and colours without the permission of the owner.

Prohibited Actions

The User is restrained from allowing any person other than himself / herself to use the Service.

The User undertakes not to resell or assign his/her rights or obligations under these Terms and Conditions. The User also agrees not to make any unauthorized commercial use of the Service.

The User shall use the Service only for the purpose for which it is subscribed.

The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.

The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on this website except such data and information which are posted by the particular User himself.

The User shall not share the Service with any person without the prior written approval of this website.

The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.

The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.

The User shall be prohibited in persistently sending messages or make postings on this website to any other User or third party who access this website without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.

The User shall not infringe on any intellectual property rights of any person / organization or/and retain information in any computer system or otherwise with an intention to do so.

The User agrees not make use of anyone else's Information other than as necessary to complete any this website transactions in which you are involved.

The User shall not violate, or attempt to violate the security of this website and/or any website(s) linked to this website or gain un-authorized access to any information regarded as private by other Users or persons, including but without limitation, to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.

The User shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful component into the internet or this website network system.

The Users shall avail the services of this website or any other related website for lawful purposes alone. Transmission of information or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libellous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws.


Communication

While using Flipkart Health you agree to communicate with us via electronic medium. We will communicate with you through e-mails, SMS and phone (mobile, landline or any other medium) for all purposes. You agree that all agreements, notices, disclosures and other communications that we provide you electronically, satisfy any legal requirement that such communications be in writing.


Modification of Terms & Conditions of Service

We reserve the right to change these terms and conditions from time to time without informing you. It is your responsibility to review the Flipkart Health Terms & Conditions regularly.

If you wish to terminate your account due to any modification in the Terms & Conditions or any Policy of Flipkart Health, you may do so by sending an email, with the subject line "Termination", to the following email address: care@flipkarthealthplus.com

In the case of inconsistencies between these Terms & Conditions and any information included in off-line materials (for example, promotional materials and mailers), these Terms should always be referred & shall prevail over such information included in the material.


Termination and Refusal of Service

Flipkart Health may, in its sole discretion, limit user activity by immediately suspending your membership, either temporarily or for an indefinite period without citing any reason.

We may at any time, terminate its legal agreement with you if:

(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to or are unable to comply with the provisions of the Terms); or

(B) We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) The partner with whom we offer the Services to you has terminated its relationship with us or ceased to offer the Services to you.

(D) User actions that may harm or slander other users' actions or pose as a threat to this website.

(E) We discover that the user has provided inaccurate and incomplete information.

(F) The user attempts to dupe, denigrate, or abuse Flipkart Health by using the functionalities on the website. A user, once suspended or blocked may not register or attempt to register with us, or use Flipkart Health or any of its services in any manner whatsoever, until we reinstate the account of that user. Also in case of such termination, we reserve the right to recover any amount due and may take strict legal action, including but not limited to: a referral to the appropriate police or other authorities for commencing criminal or other proceedings against the user.

To terminate the User Agreement from your end, you have to first discontinue your use of this website, its features and services.

To discontinue your use of this website, send us a mail, with "Termination" as your subject line, to care@flipkarthealthplus.com.

By the word "user" we mean "you, or anyone acting on your behalf or under your password".

Flipkart Health may also, at its sole discretion and at its convenience, discontinue, suspend, modify, restrict or terminate the website or any part of it without issuing any notice to you or any other person.

We also have the right to deactivate or terminate the account of the End User in the event of any conduct which we consider unacceptable, or if the user is found to violate the above Agreement.


Product

This website is only for information and communication purpose. This website provides information and knowledge regarding price and availability of medicines, pharmaceutical, healthcare & other related products and forwards all communication of users among the network of Sellers.

Prices and availability of products are subject to change without prior notice or any consequential liability on the Flipkart Health. It is discretion of Pharmacy to modify, extend, update or withdraw the offers on products without prior notice to the Users.


Delivery

This website provides its services to the whole of India, subject to the following:

1) Delivery of prescribed medicines is done by Pharmacy against a valid prescription. The Pharmacy can refuse to deliver the order in absence of a valid prescription. Flipkart Health will not be held liable for refusal of orders by the Pharmacy.

2) Delivery of prescribed medicines, selected pharmaceutical and other related products is only available in Serviceable Pincodes as per logistics partner availability designated as "Serviceable Area".

3) OTC, health care and other related products except prescribed medicines will be available across all locations in India.

4) OTC, health care and other related products purchased from the website by a user located outside the serviceable area shall be delivered to the User by standard courier services on behalf of the respective sellers through a logistics partner. If the standard courier services are not available for a particular region/pincode, such order shall not be delivered and the user shall be intimated accordingly.

5) The Lab and Other Services shall be available only in the serviceable area as mentioned at the Flipkart Health from time to time.


Payment

Registration on the Website and the access to the information provided on the Website is free. Flipkart Health does not charge any fee for accessing, browsing of the Website. The User agrees to make all payments directly to the respective Seller for purchase of goods from such Seller. The Sellers may use the services of collection agents duly appointed in this regard or authorize Flipkart Health to collect/remit payment on their behalf. The Users agree and acknowledge that it shall not hold Flipkart Health responsible for any loss or damage caused to the User during the process, due to any acts or omission on the part of third parties viz. the Seller or the collection agents or for any actions/ omissions which are beyond the control of Flipkart Health.

Users have multiple payment methods - Credit Card/Debit Card/Net banking/Third party Wallets and COD. It is at the sole discretion of Flipkart Health whether to continue/discontinue any kind of payment method.

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

1. Lack of authorization for any transaction/s, or

2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or

3. Any payment issues arising out of the transaction, or

4. Decline of transaction for any other reason/s

You understand, accept and agree that the payment facility provided by Flipkart Health is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Flipkart Health is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

All payments made against the services on Flipkart Health by you shall be compulsorily in Indian Rupees. The Website will not facilitate transaction with respect to any other form of currency with respect to the transactions made on Website.

Credit/Debit Card and Net Banking Payments are processed via our online payment service partners. Please check Our privacy policy on how Flipkart Health uses the confidential information provided by Users.

We provide link or incorporate SDKs of third-party websites, our online payment service partners, which process your Net Banking/Credit/Debit Card and Third Party Wallet payments. We are not responsible for the availability or proper functioning of such linked pages or sites or SDKs, and we will not be held responsible for any loss or inconvenience encountered as a result of using such links.

You confirm that you are the authorised holder of the credit/debit card or the original account holder for online payments made in the transactions on Flipkart Health. Flipkart Health will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit/debit card number/account details number for using the Website.

 
Flipkart Health+ Refund Wallet & e-Gift Cards Customer Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the platform - Flipkart Health+ (https://healthplus.flipkart.com/) (hereinafter referred to as Platform)

Your use of the Platform and services and tools are governed by the following terms and conditions (Terms and Condition) as applicable, including the applicable policies including the privacy policy and Terms of Use available on the Platform. By mere use of the Platform, You shall be contracting with Flipkart Health Limited (hereinafter referred to as "Platform”),the owner of the Platform. These terms and conditions including the policies constitute your binding obligations, with Flipkart Health+.

For these Terms of Use, wherever the context so requires You or User shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term Flipkart Health+, We, Us, Our shall mean Flipkart Health+ and its affiliates.


Flipkart Health+ Refund Wallet Terms & Conditions:
  • You may avail the services of the Flipkart Health+ Wallet upon successful registration and creation of an Account on the Flipkart Health+ App or Website. Flipkart Health+ Wallet is powered by underlying prepaid payment instrument (PPI) Gift Cards issued by Qwikcilver. You are bound by the terms and conditions of Flipkart Health+ Gift cards shared at https://healthplus.flipkart.com/
  • The currency of issue of the Flipkart Health+ Wallet shall be Indian Rupees (INR).
  • You can reload the Flipkart Health+ Wallet by using only those modes of payment as enabled by Us.

    (i) Flipkart Health+ Wallet can be topped up by taking refunds for items returned which were paid via Cash on Delivery (COD) option (ii) By topping up Flipkart Health+ Wallet via the purchase of a Gift Card with Online Payment Instruments i.e. Net Banking, Debit Cards, Credit Cards, UPI etc (iii) Adding Flipkart Health+ Gift Cards to Flipkart Health+ Wallet account.

    These payment modes may be revised by Us from time to time at Our sole discretion.

  • When You opt to load money into Flipkart Health+ Wallet, You will be required to provide certain information like email ID, phone number, address etc ("Payment Details") for the purpose of reloading. These Payment Details may be passed to the Gift Card partner towards Your KYC. You acknowledge and agree that by providing such Payment Details, You authorize Us to reload Your Flipkart Health+ Wallet. The Payment Details You provide must be true, complete, current and accurate. We do not bear any liability for the consequences if You provide false, incomplete or incorrect Payment Details.
  • You represent and warrant that You are legally and fully entitled to use any debit card, credit card, bank or any other mode that You may use to load funds into Your Flipkart Health+ Wallet. We shall not be held responsible in case You don't have sufficient funds or authorized access to use such payment modes to load Your Flipkart Health+ Wallet.
  • The limits of Flipkart Health+ Wallet Top-up through each gift card shall not exceed Rs.10,000/-. You shall provide the minimum details as required by Us. The amount outstanding at any point of time in Your Flipkart Health+ Wallet does not exceed Rs 50,000/-
  • You hereby authorize Us to hold, receive and disburse funds in Your Flipkart Health+ Wallet in accordance with any payment instructions We receive from You.
  • Flipkart Health+ Wallet may not be applicable to purchase of all the items, including Gift Cards, available on the Flipkart Health+ platform and may be limited only to items sold by specific sellers.
  • All Transactions shall be subject to the following:

    A. The amount of the outstanding balance existing in the Flipkart Health+ Wallet at the time of initiating a Transaction, (ii) the RBI Regulations, and/or (iii) any other limits/ conditions as may be prescribed by Us from time to time.

    B. Flipkart Health+ Wallet shall be available only on the following operating systems: Android, IOS, Flipkart Health+ Websites.

    C. Transfer of funds from Your Flipkart Health+ Wallet to another users' Flipkart Health+ Wallet shall not be permitted.

  • Your Flipkart Health+ Wallet shall be valid and operational for a period of 1 (one) year from the date of activation/issuance to You, until suspended/ terminated by Flipkart Health+ in accordance with these User Terms, unless the validity of the Flipkart Health+ Wallet is extended by Us at Our discretion.
  • The maximum permissible period of non-use of the Flipkart Health+ Wallet (Permissible Dormant Period) shall be 1 (one) year either from the date of issuance or from the date of the last use of the Flipkart Health+ Wallet, whichever is later. You agree that any outstanding balance in Your Flipkart Health+ Wallet shall be forfeited at the time of expiry of the Flipkart Health+ Wallet or at the time of suspension/termination of Your Flipkart Health+ Wallet for any reason whatsoever. Information about the forfeiture of Your Flipkart Health+ Wallet balance (due to the impending expiry of Your Flipkart Health+ Wallet) shall be intimated to You at reasonable intervals, during the 45 (forty five) days period prior to the expiry of Your Flipkart Health+ Wallet. The intimation shall be sent to Your registered e-mail address or phone number shared as Payment Details. We shall not be held responsible or liable for any failure of delivery of the intimation to You.
  • You expressly agree and acknowledge that You shall have no claims against Us for the balance forfeited from Your Flipkart Health+ Wallet.
  • Any and all claims shall be governed by the laws of India and the courts at Bangalore shall have sole jurisdiction.
  • Please note that you can only use Flipkart Health+ Wallet to buy products from your registered account on the Flipkart Health+ app or website. Flipkart Health+ Wallet cannot be:

    a. Used for payment of orders placed on other Flipkart Health+ accounts.

    b. Transferred to any other Flipkart Health+ User's account, bank account, or wallets, etc.

    c. Flipkart Health+ may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Flipkart Health+ Wallet, and pending refunds if any will be forfeited in such case.


Flipkart Health+ Wallet Terms & Conditions:
  • Once the order is successfully delivered, Cashback will be issued within 10 days of order delivery date.
  • Cashback issued against an order will be valid till 60 days from the day of the issuance.
  • If the order is cancelled (before delivery), cashback will not be issued.
  • Flipkart health plus reserves its absolute right at any time to add, alter, withdraw, modify, change or vary any or all the terms and conditions of the offer at it's sole discretion and the same shall be binding on the customer at all the times

Flipkart Health+ e-Gift Cards Terms & Conditions:
  • Flipkart Health+ e-Gift Card is issued by Qwikcilver Solutions Pvt. Ltd. which is a private limited company incorporated under the laws of India, and is authorized by the Reserve Bank of India ("RBI") to issue such Gift Cards.
  • This e-Gift Card is redeemable only on Flipkart Health+ marketplace platform.This e-Gift Card shall have a minimum validity period of 1 year.
  • Every holder of Flipkart Health+ e-Gift Cards shall be required to add the value stored on such Flipkart Health+ e-Gift Card into the Flipkart Health+ account as a prerequisite to the redemption of the Gift Cards. The loading of the Flipkart Health+ e-Gift Card onto the user’s Flipkart Health+ account shall constitute registration of the user for SMS alerts.
  • Flipkart Health+ shall honor and consider requests for blocking of Flipkart Health+ e-Gift Cards only from users who have registered in accordance with the terms above.
  • This e-Gift Card cannot be used to purchase other gift cards.
  • Multiple e-Gift Cards can be clubbed in a single order. You can combine a maximum of 15 e-Gift Cards in a single order at the time of checkout. E -Gift Cards cannot be redeemed for Cash or Credit and cannot be reloaded.
  • This e-Gift Card can be redeemed online against all sellers listed on https://healthplus.flipkart.com/ or Flipkart Health+ Mobile App only.
  • In cases where the order is canceled, the e-Gift Card amount shall be refunded to the source e-Gift Card. The e-Gift Card amount shall not be refunded to the user's cashback account.
  • The balance amount, if any, of the cost of the item being purchased by the Customer, after the discount has been availed, will have to be paid by the Customer at the time of purchase. If the order value exceeds the e-Gift Card amount, the balance must be paid by Credit Card/Debit Card/UPI/Internet Banking/Cash on Delivery.
  • Extra GST may apply in addition to the unit sale price on certain products, but the final inclusive price will not exceed the 'M.R.P.'
  • All taxes, duties, levies or other statutory dues and charges payable in connection with the benefits accruing under the offer shall be borne solely by the Customer.
  • If the order value is less than the amount of the e-Gift Card, the outstanding balance (after deduction of order value) will reflect under the same e-Gift Card and can be used for subsequent transactions.
  • For individual retail customers e-Gift Cards can be purchased on https://healthplus.flipkart.com/ or Flipkart Health+ Mobile App using the following payment modes only - Credit Card, Debit Card, UPI and Net Banking.
  • Gift Cards can be redeemed by selecting the payment mode as Gift Card.
  • You are solely responsible for the safety and security of the e-Gift Cards. Flipkart Health+/Qwikcilver Solutions are not responsible for any acts of omission or commission if Gift Card is lost, stolen or used without permission.
  • Once the e-Gift Card has been sent to the customer, then the customers are bound to protect the e-Gift Card PIN or e-Gift Card number. In the event of any misuse of e-Gift Card due to loss of any such confidential details due to the fault of the purchaser/customer, Flipkart Health+/ Qwikcilver Solutions Pvt. Ltd shall not be held responsible for the same and no refund can be issued against such e-Gift Cards.
  • Flipkart Health+/Qwikcilver Solutions assume no responsibility for the products purchased using the e-Gift Card and any liability thereof is expressly disclaimed. Product warranty shall be regulated by the terms and conditions mentioned on the warranty card of respective products.
  • e-Gift Card can be revalidated upon request and the extension period remains at Flipkart Health+ discretion.
  • The cardholder may request for the revalidation of the expired gift card. Upon receipt of such request the gift card may be revalidated after due verification and maybe subject to additional terms and conditions.
  • Qwikcilver/Flipkart Health+ reserves the right to cancel the e-Gift Card if the same have been found to be purchased with fraudulent means and/or the beneficiary/Know Your Customer ("KYC") details as per RBI Guidelines are found to be incorrect/insufficient. In such cases, the funds shall be credited back to the same source from where these were received.
  • You agree and understand that e-Gift Cards are a Prepaid Payment Instrument (PPI) subjected to regulations by the RBI under the RBI guidelines, Flipkart Health+/ Qwikcilver Solutions Pvt. Ltd may be required to share KYC details of the purchaser/ redeemer of the Gift Card and/or any other information with relation to the purchase of the Gift Cards and/or transaction undertaken using the Gift Card with RBI or such statutory authorities. Flipkart Health+/ Qwikcilver Solutions Pvt. Ltd may contact the purchaser/redeemer of the GC for any such information.
  • Flipkart Health+ along with its sellers reserves the right to change the terms and conditions of the e-Gift Card, including extending, withdrawing or discontinuing the same without notice, at its sole discretion.
  • All orders would be subject to availability at the time of purchase and will be governed by the standard terms and conditions on Flipkart Health+.com. In case of return of the purchased item, please refer to the "Return Policy" on our website or call Flipkart Health+ Customer Care.
  • For dispute and liability, please refer the customer grievance policy for dispute resolution, unauthorized transactions and liability related aspects at https://www.qwikcilver.com/grievance-policy/

Return, Cancellation and Refund

Return Policy:

  • Customers can initiate return using App, Website, and Mobile Site.
  • Customers can initiate return within 30 days from Order Delivery unless otherwise stated on the product description page

Terms and Conditions:

  • The product in the form of liquid must be returned to Seller (Healthbuddy) with proper packing.
  • Products being returned should be in good condition otherwise it will not be accepted by the Seller (Healthbuddy).

Products that cannot be returned:

  • The product that is in unsealed/opened/used condition.
  • Products marked as Non-returnable.
  • All temperature controlled products (like Insulin, Injection, Temperature Controlled Eye Drops, Chocolates etc.).


Other Terms Feedbacks and Suggestions

We appreciate feedback and suggestions from our users. However, Flipkart Health reserves the right to control and monitor the posting of all feedbacks and suggestions from the user end. Once posted, the contents will be treated as "public" and we take no responsibility for any content posted by a user or any third party. We are also under no obligation, whatsoever to respond to any content posted on our site.

By continuing to use this website, you hereby grant Flipkart Health and its affiliates and sub-licensee a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify and create derivative works from such materials or any part of such materials.


Copyright and Trademark

All materials located on or in this Website, including( but not limited by) images, illustrations, text, logos, page headers, audio clips, and video clips, is our exclusive property and are expressly protected by copyrights, trademarks and other intellectual property rights.

COPYING, STORING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, RE-PUBLISHING, DEEP LINKING, OR OTHERWISE MODIFYING WEBSITE MATERIALS IN WHOLE OR IN PART, OTHER THAN FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE, WITHOUT EXPLICIT WRITTEN PERMISSION OF Flipkart Health, IS STRICTLY PROHIBITED.

The Flipkart Health logo/ image, and other Flipkart Health graphics, logos, page headers, button icons, scripts, and service names, used on the home page as well as on the other pages of this website, and as used in the communication to the User or to any other third party, are trademarks, registered trademarks or trade dress of Flipkart Health in India and worldwide.

You acknowledge and agree that Flipkart Health own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Flipkart Health and that you shall not disclose such information without our prior written consent.

Unless you have agreed otherwise in writing with Flipkart Health, nothing in the Terms gives you a right to use any of Flipkart Health trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

All other Trademarks, not owned by Flipkart Health but appearing on this website, are the property of their respective owners. These trademarks and trade dress cannot not be used, communicated or distributed in connection with any product or service that does not belong to Flipkart Health, in any manner whatsoever, without the specific and written permission of Flipkart Health.

Any breach of the terms, as mentioned above, may result in a copyright, trademark or other intellectual property right violation that may subject the doer to civil and / or criminal penalties.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorised to do so in writing by this website, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.


License

A) From the website to the user Flipkart Health grants you a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to access and use this website as a user and prohibits you from modifying the website or any portion of it, barring in case Flipkart Health gives consent for the same.

This license, however, does not permit any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be duplicated, reproduced, copied, resold, sold, visited, or otherwise exploited for any commercial purpose without exclusive written consent of Flipkart Health.

A user may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Flipkart Health and our affiliates without our explicit written consent.

You may not use any Meta tag or any other "hidden text" and Flipkart Health name or trademarks without the explicit written consent of Flipkart Health. Any unauthorized use will terminate the permission or license granted by Flipkart Health.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Flipkart Health as long as the link does not portray Flipkart Health, its affiliates, its products or services in a false, misleading, derogatory or otherwise offensive manner, or proclaim ownership right of any form.

B) From the user to the website The User shall give out to this website a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings.

For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User to this website.

You understand that Flipkart Health, in performing the required technical steps to provide the Services to its users may:

a) Transmit or distribute your content / information over various public networks and in various media; and

b) Make such changes to your content / information as are necessary to conform and adapt that content / information to the technical requirements of connecting networks, devices, services or media.

You agree that this license shall permit Flipkart Health to take these actions.


Website Security

Users are forbidden from breaching or attempting to breach the security of Flipkart Health, including but not limiting to:

Use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website;

Accessing data that is not intended for you or logging onto a server or an account, which you are not authorized to access;

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

Attempting to interfere with the service of any other user, host or network,( including but without limitation), via means of submitting a virus to the Website(Flipkart Health), 'overloading', 'flooding,' 'spamming', 'mail bombing' or 'crashing';

Sending unsolicited email, including promotional mails and/or advertising products or services without our consent.

Forging any TCP/IP packet header or any part of the header information in any email or news group posting.

You further agree not to use or attempt to use any engine, software, algorithm, methodology, tool, agent or other device or mechanism (including but not limited to browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Flipkart Health and other available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer, Google Chrome).

BREACH OF SYSTEM OR NETWORK SECURITY OR ILLEGITIMATE ACCESS TO ANY PORTION OF THE WEBSITE, ANY OTHER SYSTEM OR NETWORKS CONNECTED TO THE WEBSITE OR TO ANY OF THE SERVICES OFFERED ON OR THROUGH THE WEBSITE, MAY RESULT IN CIVIL OR CRIMINAL LIABILITY.


Indemnity

You agree to indemnify and hold harmless Flipkart Health, its owners, subsidiaries, licensees, affiliates, joint ventures, third parties and their respective directors, agents, franchisees, suppliers, information providers, employees and their successors from and against any and all claims or demands, actions, liabilities, damage, losses, costs and expenses, including reasonable attorney's fees made by any third party or penalty/penalties imposed due to breach of the Terms & Conditions, privacy policy and of Flipkart Health, or your violation of any law, rules and regulations or the rights of Flipkart Health or any third party due to any activity related to your account by you or any other person accessing the service by using your account.

The User unilaterally agrees to indemnify and hold harmless, without objection, Flipkart Health, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from the User's use of this website or User's breach of the terms of this terms and conditions. Limitations of liability

This website is only for information and communication purpose. This website itself is not to sell, to stock, to exhibit or to offer for sale or to distribute medicines, pharmaceutical, healthcare & other related products. We do not administer warranties or guarantees associated with the products or services. Nevertheless, any product warranty, offered by the manufacturer of the product as specified in the product specifications, will solely be their responsibility.

The data associated with the pharmaceutical and healthcare products and/or services provided on our website, Flipkart Health are solely for informative purposes and is not intended for commercialisation. We have taken maximum care to ensure accuracy of the data. However, we do not guarantee cent per cent accuracy, as we have accumulated these data from external and third party sources. This should not be the basis for formulating any kind of decision without seeking professional advice.

All Brands appearing on our website are the property/brands/copyright of the respective owners and we do not claim any rights over them.

This website takes no responsibility / liability whatsoever for shortage or non fulfillment of the services on this website or any other related website due to or arising out of technical failure or/and malfunctioning and/or otherwise and the User hereby undertakes that in such situations, the User shall not claim any right / damages / relief, etc against the Flipkart Health for "Deficiency of service" under The Consumer Protection Act or any other Act/Rules of India or any other country.

A link to another site displayed on Flipkart Health should not mean that this website is affiliated to or associated with that website, and the subsequent usage of the other website is entirely the user's responsibility.

This website makes no warranty that the service rendered by the website shall meet the user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does this website make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service.

There are representations and warranties, whether explicit or implied, made by this website regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services or this website.

This website shall not be liable for any disclosure of information concerning the User's account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition, this website shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently.

In case there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the Service, this website shall not be liable in any way for the same. Further, this website is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Service.

The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and this website shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.

This limitation applies to anything related to:

The service,

Viruses or other disabling features that affect your access to or use of the service, Incompatibility between the service and other services, software and hardware, Delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:

This remedy does not fully compensate you for any losses, or fails of its essential purpose; or Flipkart Health knew or should have known about the possibility of the damages.


Exclusion of Warranties and Disclaimers:

The Website is provided without any warranties or guarantees. You must bear the risks associated with the use of the Website.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED IN "AS IS" AND "AS AVAILABLE" FORM.

IN PARTICULAR, Flipkart Health, its partners, agents, licensors, suppliers, or their respective directors, franchisees, officers, or employees of them, and its subsidiaries and affiliates, DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

(E) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(F) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

(G) THIS WEBSITE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(H) Flipkart Health, its affiliates, partners, agents, suppliers, or their respective directors, franchisees, officers, or employees shall not be liable for any loss or damage including any incidental, special, consequential or exemplary damage that may occur, or expenses incurred, due to but not limited to: loss of data, loss of profits, loss of revenue or costs of procurement of substitute goods or services, reduction of profit margins, spoil of goodwill, use of data or other intangible losses arising directly or indirectly, however caused and under any theory of liability, out of or in connection with our website, or its services, arising out of or in any way connected with the use or performance of this website /products/services on the website and/or of the use of or inability to use and/or for any delay in the Service, including but not limited to contract or tort (including products liability, strict liability and negligence), even if Flipkart Health or any of its suppliers have been advised of the possibility of damage. Flipkart Health shall not be responsible for any delay that may occur while performing any obligation by reason of any event or circumstances outside its control including but not limited to strikes, industrial action, failure of power supplies or equipment, government action or an act of God.

This website is a technology platform which works as communication medium between Users and Sellers. This website itself is not to sell, to stock, to exhibit or to offer for sale or to distribute products or drugs. This website is providing information and communication with Sellers who have represented to Flipkart Health that they have due eligibility, qualifications, licenses, and authorizations under applicable law to provide such information and communication. All communications from Users are being forwarded to the Sellers and all sale, stock, exhibit or offer for sale or distribution is only made from the Sellers. No communication from either User side or Seller is final and binding on Flipkart Health. Such communications are only in the form of enquiry and indent and are subject to confirmation by the Sellers. All agreements and contracts are being entered only between such Sellers and Users.

No order for medicine on Flipkart Health website shall be or is being received without a valid Prescription. All the orders and Prescription are being first forwarded to the Sellers who verifiy the Prescription through duly qualified pharmacists and approve the order and then only medicines are dispensed to the Users, as represented by the Sellers to Flipkart Health.

Best efforts have been employed to ensure that the information available on the website is accurate and complete. Nevertheless, it is the duty of Users to read the terms and conditions (and other applicable policies) of this website (which is likely to change from time to time) before taking any action with respect to the website including but not limited to accessing, using or communicating through the website.

Our main objective is to connect our Users to Sellers. We will neither be responsible for guaranteeing the quality of the medicines and healthcare products nor will be liable for any deficiencies/ defects in the same. Product warranty/guarantee, offered by the manufacturer/s and specified in the product specification section, will be the responsibility of the manufacturer(s) only.

The prices of various items and their availability on our website are subject to change from time to time without any advance notice to Users, for reasons including but not limited to change in price by the manufacturer and/or due to any Governmental policies.

Information given here on various medicines and healthcare products and/or services is based on information relayed to Flipkart Health for publishing on the website by third parties and is mainly for informative purposes and is not intended for commercial use. As our website contains information that is created and maintained by a variety of external references / sources, we do not control or guarantee the information contained in / obtained from other external sources, and we do not specifically endorse any products or services offered therein. It is your responsibility to confirm the accuracy, completeness, and usefulness of all product information and to consult with your professional health care provider as to whether the information can benefit you. We assume no responsibility or liability for any consequence resulting directly or indirectly for any action or inaction you take based on or made in reliance on the information, services, or material on or linked to this website. It is imperative to seek professional advice before purchasing or consuming any medicine or healthcare product from the website. Further, you acknowledge that the content, text, data, graphics, images, information, suggestions, guidance, blogs, information and other materials that is provided to You on the Website should be used for information purposes only and do not constitute medical advice and should not be relied upon as a substitute for sound professional medical advice, evaluation or care from a doctor except for any advice, information or direction obtained by You directly from Your Doctor.

We do not claim rights on the brands appearing on the website. Only the respective owners/manufacturers have claims/copyrights/trademarks over these brands.

Links of other websites may appear on our website. However, this does not mean that Flipkart Health is associated with or affiliated to these websites. Activities conducted through these websites will solely be the responsibility of the User(s).

The Website is provided without any warranties or guarantees and is in "As Is" condition. You must bear the risks associated with the use of the Website. We also do not warrant that the website shall be constantly available or available at all.

Due diligence will be exercised in removing drug(s) and healthcare product(s) and their related information from our website, on receipt of information about products being banned/ withdrawn by the Government of India or if any major health precaution / warning are issued on a product and any statutory mandate or regulatory guideline prohibits listing or sale of such products over the website. However, Flipkart Health takes no responsibility for any uninformed/misinformed/deliberate orders that are placed on the website with respect to such products before or during the process of delisting of the products under a statutory or regulatory order/guideline. Users are advised to remain informed before placing order or using product/services over the website and Users shall indemnify Flipkart Health for any claims, losses, damages etc arising out of such uninformed/misinformed/deliberate use of Products/Services by the Users.

Under no circumstances, will Flipkart Health, its affiliates, partners, agents, suppliers, or their respective directors, franchisees, officers, or employees be responsible for any loss or damage to any party (including Users) arising from or in connection with the use of this website, use of any products or services on the website, the service and/or any content posted on this website or transmitted through the website.

This website does not warrant the accuracy, completeness and timely availability of the information, content or services provided on this website and Flipkart Health accepts no responsibility or liability for any error or omission in any information, content, services on this website nor is responsible for any errors or omissions or for the results obtained from the use of such information, content or services. Flipkart Health makes no representation that the contents of this website are free from viruses or any other infection, which has contaminating or destructive properties. The information, materials or services included in or available through this website, may include inaccuracies or typographical errors, though reasonable care is taken to provide correct and updated information. Changes are periodically made to this website /services and to the information therein. Flipkart Health may make improvements and/or changes in this website /services at any time. No information received via this website should be treated as medical advice nor should be relied upon for any medical / pharmaceutical related decision and you should consult an appropriate professional for specific advice tailored to your situation.

Flipkart Health assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Flipkart Health is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with this website.

The information provided here should not be treated as a substitute of medical advice given by your doctor and/or not to replace the advice of your doctor or the product information provided by the manufacturer of the products. Drug usage details (instructions) are provided on our website as sourced from third parties. We do not provide instructions for usage of product. For the precise information on product, the patient must see the product information available with each of the product and talk to his/her healthcare service provider / doctor.

Reference to specific products, processes, or services does not constitute or imply recommendation or endorsement by Flipkart Health. The Users must check with their own sources before acting upon and are encouraged and advised to confirm the information contained herein with other sources. The Health related topics found on this website should not be used for diagnosing purposes or be substituted for medical advice. Also, the information provided on this website is of a general nature only, and is not be meant to replace the advice of your doctor or pharmacist or other healthcare provider. It is your responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information found on this website, and to consult with your professional health care provider/doctor as to whether the information can benefit you. Please contact your healthcare provider/doctor for advice for your specific health or medical needs.

Flipkart Health assumes no responsibility or liability for any consequence resulting directly or indirectly for any action or inaction you take based on or made in reliance on the information, services, or material on or linked to this website.

We have placed responsibility on the sellers for listing products on the website, to take care that the products / medicines listed here are from reliable manufacturers. Flipkart Health shall not be responsible for any misbranded/spurious/adulterated products that any a seller may list or sell through the website. There may be alternate brands available for the same product intended for specific medical conditions. Please consult your doctor in case you have questions on the exact product brand that you require. You may also talk to your doctor about alternative products / medicines. For all purposes and under all circumstances, you must leave all medical decision related to the product and your health to your doctor.

All drug information provided here refers to generic pharmacology. Although reasonable care has been taken in verifying details provided on the products, as this information is taken from third parties, the website does not take any responsibility for accuracy for each brand, which may have different specification or usage for the same product and also does take any responsibility for meticulous precision inputs for brands, which have different specifications for the same product. The information provided here is only to help Users get a general view of the drug(s) they are consuming. The drug information provided on our website refers to the generic chemical content in the product and may not necessarily apply to the brand completely. Listing of Information that is specific to the brand or the sellers is the responsibility of the sellers on the website.

You specifically agree that Flipkart Health shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. You specifically agree that Flipkart Health is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Flipkart Health is not responsible for any content sent using and/or included in this website by any means.

In case there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the Service, Flipkart Health shall not be liable in any way for the same. Further, Flipkart Health is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Service.

If you are dissatisfied with this website or with any terms, conditions, rules, policies, guidelines, or practices of Flipkart Health in operating this website, you understand and acknowledge that your only, sole and exclusive remedy is to discontinue using the website.


Interpreting the Contract

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.


Assignment

We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.


No Third Party Beneficiaries

This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.


Remedies

In the event that the User breaches any of the above-mentioned covenants, this website shall have the right to delete any material relating to the violations without prior notice to the User. This website shall issue a warning to the User to discontinue any activity which leads to the said violations and in the event the User continues with such prohibited activity, this website reserves the unilateral right to suspend or/and deactivate the User's access to this website, the Service and/or any other related facility. In addition to the right to indemnity available to this website, this website shall have the right to any legal remedy, against the User to recover the loss suffered by this website and the harm caused to the reputation of this website, due to such violation by the User.


Note:

Please refer to our Return and Replacement Policy, Cancellation Policy and Shipping Policy before placing order(s) on our Website/App.

Please proceed only if you accept all the conditions enumerated herein above, out of your free will and consent.