When you register with us and/or access the Service, you will be required to provide certain personal data and information about yourself to us. When you access or use the Service, we also collect and store certain information and data about you and your access/use. Our Privacy Policy which is available here and here explains what personal information and data we collect and how we treat your personal data and information and protect your privacy. The terms of our Privacy Policy are deemed incorporated in these Terms and forms a part of these Terms. Therefore, please read our Privacy Policy carefully. When you access or use the Service, you consent to the collection and use of your personal data and information in accordance with our Privacy Policy.
Not withstanding anything contained in these Terms, you hereby permit us to store all information you transmit or share using the Communication Tools (including your patient / medical records) and to share the same with medical practitioners who you consult with to enable them to render their medical services to you. You hereby permit us to transit prescriptions for medicines with pharmacies, including online medical pharmacies that refer you to us, to enable them to service your order for the drugs and medicinal preparations ordered by you. Subject to the above, all your medical / patient records pertaining to the services you avail through the Service shall remain your property.
While placing an order for sale of Drugs / Medicinal Preparations with us, you fully authorize us to share your personal details like Name, Address, Phone Number etc. as well as the Medicine Prescription to third party online pharmacy for the purpose of processing your order. The same Third Party Online Pharmacies may, in turn, store/use this information for their internal purposes. Also, on placing an order with us, you authorize the third party online pharmacies to contact you via Phone/ SMS / Email for the purpose of fulfilling your order.
We are requesting for your email address, so we and also to help you refer your friends and family and therefore earn referral bonus.
๐๐ง๐ญ๐๐ฅ๐ฅ๐๐๐ญ๐ฎ๐๐ฅ ๐๐ซ๐จ๐ฉ๐๐ซ๐ญ๐ฒ ๐๐ข๐ ๐ก๐ญ๐ฌ
We/our licensors own all copyright, trade marks, domain names and other intellectual property rights in or related to the Service and all its various components. Except for your personal data and information, all information, content and material contained on the Website, the App and/or Service is our intellectual property. No information, content or material from any part of the Service may be copied, reproduced, republished, uploaded, recorded, posted, transmitted or distributed in any way (including by using any automated programs, software, or any other method of screen scraping), except for your personal and non-commercial use, without our express written permission.
๐๐ก๐๐ง๐ ๐๐ฌ ๐จ๐ ๐๐๐ซ๐ฏ๐ข๐๐
We reserve the sole and complete discretion with respect to the operation of the Service and we may add, modify, suspend or discontinue any functionality or feature of the Service or any of the services provided by us without any notice to you.
๐๐ก๐ข๐ซ๐ ๐๐๐ซ๐ญ๐ฒ ๐๐ข๐ง๐ค๐ฌ ๐๐ง๐ ๐๐๐ฏ๐๐ซ๐ญ๐ข๐ฌ๐๐ฆ๐๐ง๐ญ๐ฌ
The Service may contain links to third party websites/applications and third party advertisements, that are not maintained or controlled by us. Third party links and advertisements are provided for your convenience only and does not imply endorsement or any representation or warranty by us to content, goods or services that may be offered by these third parties.
When you click on any of these third party links, you are leaving the Service and will be subject to the terms of use and privacy and security policies of the third party site. Your link to any such third party website /applications entirely at your own risk.
๐๐๐ซ๐ซ๐๐ง๐ญ๐ฒ ๐๐ข๐ฌ๐๐ฅ๐๐ข๐ฆ๐๐ซ
You acknowledge and agree that your use of the Service is solely at your own risk, and that you assume full responsibility for all risks associated therewith. All information, products or services contained on or provided through the Service are provided โas isโ, without any warranty of any kind, express or implied. We do not make any warranty or representation as to the quality, quantity, potency, purity, standard, nature or manner of performance of any of the information, products or services contained on or provided through the Service. We hereby disclaim, to the maximum extent permitted by applicable law, all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for any particular purpose, title, non-infringement, reliability, accuracy, completeness, timeliness or that the availability of the Service will be uninterrupted, timely, secure, or error free.
๐๐ข๐ฆ๐ข๐ญ๐๐ญ๐ข๐จ๐ง ๐๐ง๐ ๐๐ฑ๐๐ฅ๐ฎ๐ฌ๐ข๐จ๐ง ๐จ๐ ๐๐ข๐๐๐ข๐ฅ๐ข๐ญ๐ฒ
To the fullest extent permitted by law, in no event will we be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not we have been warned of the possibility of such damages. In any event, our total aggregate liability to you, if any, will not exceed the charges paid to us by you (if any) for the particular Service in questions OR Rs. 1,000/- whichever is lower.
๐๐๐ซ๐ฆ๐ข๐ง๐๐ญ๐ข๐จ๐ง
We reserve the right to suspend and/or terminate your access to the Service with or without notice, if you breach these Terms. Upon suspension or termination, your right to procure the Service shall immediately cease and we reserve the right to remove or delete your information that is available with us, including but not limited to account details.
๐๐จ๐ญ๐ข๐๐๐ฌ
All notices to us shall be in writing and shall be made via e-mail to help@xpital.com or such other email address as notified in these Terms and all notices to you shall be made through the Service, via e-mail to the e-mail address you provide at the time of your registration or to your communication device registered with us.
๐๐จ๐ฏ๐๐ซ๐ง๐ข๐ง๐ ๐๐๐ฐ ๐๐ง๐ ๐๐ฎ๐ซ๐ข๐ฌ๐๐ข๐๐ญ๐ข๐จ๐ง
The interpretation of these Terms and the resolution of any dispute relating to your access or use of the Service shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with these Terms or your access or use of the Service, the venue of such action shall be exclusively at Madhya Pradesh to the exclusion of any other court that may otherwise have had such jurisdiction in the matter.
๐๐ข๐ฌ๐๐๐ฅ๐ฅ๐๐ง๐๐จ๐ฎ๐ฌ
If any term or provision of these Terms shall be declared invalid by a court of competent jurisdiction, then such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and the remainder of these Terms shall remain in full force and effect, according to its terms. The failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause. Your right to use the Service is personal to you and you shall not assign or transfer in any manner any of your rights, obligations or interest in these Terms or your subscription to any third party. We may freely assign our rights and obligations hereunder. Should there be any conflict between these Terms and any other notice/communication, the terms and conditions set forth in these Terms shall prevail, to the extent of such conflict. These Terms (including the Privacy Policy and other notices on the Website / the App, which are incorporated and deemed part of these Terms), constitute the entire agreement between us and supersedes all prior agreements regarding the subject matter hereof. When you use the Service and provide any information on or through the Service; or when you click any of the buttons available on the Website or the App; or when you send an e-mail to us, you are communicating with us through electronic records. You hereby consent that such electronic records, whether sent by you or automatically generated by the computer system when you click on any of the buttons available on the Website or the App or the Service, shall be deemed to be communications sent in writing by you.
๐๐ซ๐ข๐๐ฏ๐๐ง๐๐ ๐๐๐๐ซ๐๐ฌ๐ฌ๐๐ฅ
If you have any concern or grievance with respect to the Service, please e-mail us at help@xpital.com and we will study the matter and take such action as we deem appropriate under the circumstances.
I have read and understood these Terms of Use (including the Privacy Policy and other notices on the Website / App) and agree to all of the provisions contained therein.