Terms and Conditions
“CareOnGo” is the trademark owned by Adriyo Technology Private Limited, a Company incorporated under the Companies Act, 1956 with its corporate office at 30/27, East Patel Nagar, New Delhi 110005 (Company). The domain name www.careongo.com and its subdomains including all the mobile applications related to “CareOnGo” collectively referred to as “Site” is owned by the Company.
1. the Indian Contract Act, 1872 (“Contract Act”);
2. the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011;
3. The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
4. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and Consumer Protection Act, 1986.
The terms ‘visitor’, ‘user’, and ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Site at any point in time.
The registration on or use/ access of the Site is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Site.
A registered id can only be utilized by the person whose details have been provided and Company does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Site for the purposes of purchasing drugs or other pharmaceutical products and wellness Services, on behalf of such persons.
You agree and acknowledge that You would
a) Create only one account;
b) Provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Site;
c) Maintain and promptly update Your account information;
d) Maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer;
e) Promptly notify the Company if You discover or otherwise suspect any security breaches relating to the Site; and
f) Take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.
Use of Site
You understand and agree that the Site and the Company merely provide hosting services to its Users and persons browsing / visiting the Site. All items offered for sale on the Site, the content made available by the Sellers/ manufacturers of drugs and other pharmaceutical products (“Manufacturers”) are third party user generated contents. The Company has no control over such third party user generated contents and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission.
The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the drugs and other pharmaceutical products or services are offered by and agreed to between Users and Sellers and the contract for purchase of any of the drugs or other pharmaceutical products, or services, offered for sale on the Site by the Sellers shall strictly be a bipartite contract between the Seller and the User.
The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the goods and services offered for sale by the Sellers, and after sales services related to such goods and services. The Company does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between Users and Sellers.
Representation as to legal title
The Company does not make any representation or warranty as to legal title of the goods and services offered for sale by the individual Sellers on the Site. At no time shall any right, title, claim or interest in the products sold through or displayed on the Site vest with the Company nor shall the Company have any obligations or liabilities in respect of any transactions on the Site. The Users agree and acknowledge that the ownership of the inventory of such goods and services shall always vest with the Sellers, who are advertising or offering their services for sale on the Site and are the ultimate sellers.
The Users agree and acknowledge that the Seller shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Seller does not have the sole and exclusive legal ownership over the goods and services that have been offered for sale on the Site by such Seller, or did not have the absolute right, title and authority to deal in and offer for sale such goods and services on the Site.
Possession and stocking
The Company does not, at any point of time, take possession of, or stock any of the goods or services offered for sale by the Seller on the Site.
Non-Performance of Contact
The User accepts and acknowledges the following:
1. The Company is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and Seller for purchase and sale of goods or services offered on the Site;
2. The Company cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Site;
3. Seller is solely responsible for ensuring that the goods or services offered for sale on the Site are kept in stock for successful fulfillment of orders received. Consequently, the Company is not responsible if the Seller does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Site at the time of placement of order by the User;
4. The Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers. In particular, the Company does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Site;
Exhibition of drugs and publication of Content/ Information on the Site.
The Users agree and acknowledge that the respective Sellers are exhibiting their content/ catalogue of drugs/ pharmaceutical products and services, and information in relation to such drugs/ pharmaceutical products and services, on the Site.
The contents provided on the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Sellers on the Site or any professional medical advice, diagnosis, treatment or recommendations of any kind.
The Users acknowledge and agree that such Sellers shall be solely responsible for ensuring that such third party generated information made available regarding the goods offered for sale on the Site, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Seller to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Site and the Users must run their own independent check. The Users agree and acknowledge that the Company has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale by the Sellers on the Site. The Users agree and acknowledge that it shall not hold the Company responsible or liable for any damages arising out of such reliance on third party user generated content by the User.
Consulting a Registered Medical Practitioner
You must always consult a Registered Medical Practitioner with any questions or concerns you may have regarding the suitability of any drug offered for sale on the Site, in light of your individual needs and medical conditions. Reliance on any information appearing on the Site, whether provided by the Company, sellers, its content providers, visitors to the Site or others, is solely at Your own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the Site. You further acknowledge and agree that, should any claim/ damage/ liability arise as a result of any reliance placed by You on any information published on the Site, the manufacturers/ Sellers from whom said content is obtained and made available on the Site shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and the Company shall have no liability in relation to the same.
Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Site. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.
The Site is a platform that can be used by the Users to purchase various drugs and pharmaceutical products [including drugs which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner (“Prescription Drugs”)], offered for sale on the Site by Sellers. In order to purchase Prescription Drugs from Sellers through the Site, the Users are required to upload a scanned copy of the prescription on the Site or send the softcopy of the same to the Company. The order would not be internally processed and forwarded to the concerned Sellers by the Company until it receives a copy of a valid prescription. The Users are also required to make the prescription available at the time of receipt of delivery of Prescription Drugs for verification by our Sellers.
The Company shall maintain a record of all the prescriptions sent by the User, which can be accessed by such User at any time in his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines.
Substitution of Prescribed Drugs
The Users acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the Registered Medical Practitioner has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the prescribed drug or if the prescription solely lists the salt names instead of a specific brand name. The User further acknowledges and accepts that, in the absence of the above, the concerned pharmacist would only dispense a substitute drug in place of the prescribed drugs after obtaining suitable permission from the prescribing Registered Medical Practitioner.
Invitation to offer for sale
The placement of an order by User shall constitute an offer by such User to enter into an agreement with the Seller (“Offer”). The acceptance of the Offer would only be undertaken by the Seller after the validation/ verification of the prescription (or package in case of Dietician) by such Seller - in case of Prescription Drugs (or in case of packages suited in accordance to health needs of User)- and the ascertainment of the available stock in the relevant pharmacy (in the case of Prescription as well as other drugs/ pharmaceutical products) and availability of time with the Dietician Expert, by way of a confirmatory message/email/other mode of communication to be sent to the User.
Transfer of Property and Completion of Sale
Upon acceptance of the Offer by the concerned Seller (being the pharmacist), the drugs/ pharmaceutical products or services would be dispensed at the pharmacy, in accordance with the terms of the order placed by the User. Such dispensation shall also take place under the direct/ personal supervision of the Pharmacist, wherever required under the applicable law.
The User acknowledges and agrees that the property in the drugs/ pharmaceutical products or services ordered by the User shall stand immediately transferred to the User upon the dispensation of drugs and the raising of the invoice at the concerned pharmacy. Accordingly, the sale of drugs/ pharmaceutical products is concluded at the concerned pharmacy itself.
The invoice in relation to the drugs/ pharmaceutical products and services that are required to be delivered to the User, shall be issued by the concerned Seller (being the pharmacy). The Seller (being the pharmacy) is to process and satisfy the order for such drugs/ pharmaceutical products, and services.
For other services – Dietician - Upon acceptance of the Offer by the concerned Seller (being the Dietician Expert), the services would be dispensed at the selected premises of the User, in accordance with the terms of the order placed by the User. Such dispensation shall also take place under the direct/ personal supervision of the Seller, wherever required under the applicable
The User acknowledges and agrees that the property in the services ordered by the User shall stand immediately transferred to the User upon the dispensation of service. The raising of the invoice in form of email/SMS will be by CareOnGo. Accordingly, the sale of service is concluded for the concerned Seller.
Delivery of Drugs and Services
The Seller or independent contractors shall deliver the goods in case of Medicines and the Seller will be sole responsible for delivery of service in case of Dietitian. The User accepts and acknowledges that the Seller or such other transporter/ courier/ delivery personnel, engaged by the Seller or the Company, shall be independent contractors in-charge of the delivery of goods from the concerned pharmacy to the address notified by the User (in case of Medicines), with no control over the goods and no additional obligation apart from standard delivery obligations and duty of care. The User further accepts and acknowledges that the Company does not engage in the distribution of the concerned drugs or other pharmaceutical products, and may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User.
Compliance of Applicable Law
While communicating/ transacting with Sellers through the Site, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, as well as all other laws for the time being in force, and insure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Prescribed drugs or pharmaceutical products or intricate health related services without a valid prescription (for medicines) and without doctor’s advice (for health related services), which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.
The Users must also ensure that the prescription uploaded on the Site or sent to the Company for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Sellers or to the Company, as a result of any dispensation of Prescription Drugs by the Seller owing to the non-compliance by the User in this regard.
Payment, Fees and Taxes
Registration on the Site and the access to the information provided on the Site is free. The Company does not charge any fee for accessing, browsing and buying through the Site. For medicines, the Sellers may choose to either personally collect payment from the Users or may use the services of collection agents duly appointed in this regard. For other services, the payments need to be more on our Site or to the Seller directly based on Company policies. The Users agree and acknowledge that it shall not hold the Company 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 the Company.
You undertake that You shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
1. Belongs to another person and to which the User does not have any right;
2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. Infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
4. Violates any law for the time being in force;
5. Impersonates another person;
6. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
7. Is prohibited under applicable law for the time being in force including Drugs Act (read with the Drugs Rules), the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, as amended from time to time and rules made there under;
8. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
The User is also prohibited from:
1. Violating or attempting to violate the integrity or security of the Site or any CareOnGo Content;
2. Transmitting any information (including job posts, messages and hyperlinks) on or through the Site that is disruptive or competitive to the provision of Services by the Company;
3. Intentionally submitting on the Site any incomplete, false or inaccurate information;
4. Making any unsolicited communications to other Users;
5. Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Site;
6. Attempting to decipher, decompile, disassemble or reverse engineer any part of the Site;
7. Copying or duplicating in any manner any of the CareOnGo Content or other information available from the Site;
8. Framing or hot linking or deep-linking any CareOnGo Content.
The User accepts and acknowledges that Company does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods made available on their Site, including any guarantee or warrantee that such goods (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Sellers have legal title over the goods being offered for sale by them on the Site. The Company also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Site or any of the Services offered.
The User further accepts and acknowledges that the Company does not verify any content or information provided by the Sellers/ or obtained from the Manufacturers, and to fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Site, the Services, the CareOnGo Content, representations and warranties made by the Sellers or the content or information (provided by such Seller or obtained from the Manufacturers) on the Site or any opinion or suggestion given or expressed by the Company or any Seller in relation to any User or Services provided by the Company.
The Site may be linked to web pages and content of third parties, affiliates and business partners (collectively, “Third Party Content”). The Company does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that the Company shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, and quality of such Third Party Content. Inclusion of any link on the Site does not imply that the Company endorses the linked site. User may use the links and these services at User's own risk.
The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Site or the downloading of any material, data, text, images, video content, or audio content from the Site. If a User is dissatisfied with the Site, User's sole remedy is to discontinue using the Site.
To the maximum extent permitted by applicable law, the Company, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Site or the content, materials and functions related thereto; (ii) User's provision of information via the Site; even if such protected entity has been advised of the possibility of such damages.
Modification of Site
The Company reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that the Company will not be liable for any modification, suspension or discontinuance of the Site or any other part thereof.
The provisions of this Agreement shall continue to apply until terminated by either You or the Company as set for below:
1. If You want to terminate this Agreement with the Company, You may do so by:
2. The Company reserves the right to, at any time, and with or without notice, terminate this Agreement with You if:
3. The Company may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Site or with respect to the Services; and (ii) barring You from further use or access of the Site or of any of the Services.
4. Once terminated or suspended (temporarily or permanently), You may not continue to use the Site under the same account, a different account or re-register under a new account.
5. Upon termination of this Agreement, the Company shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).
6. The right to terminate/ suspend the account is in addition to, and without prejudice to, the Company’s right to initiate action against the User.
Governing Law and Dispute Resolution
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
Communication with Company
If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at: [email protected]
In the event you wish to contact the designated Grievance Officer of the Company, you can reach the Officer at:
Adriyo Technology Private Limited
30/27, East Patel Nagar,
New Delhi 110005
Email address: [email protected]