Dawalane.com Terms and Conditions

Terms of use

Please read these terms of use carefully by accessing or using this internet based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this internet based platform.

What is Dawalane

1. The domain name dawalane.com, an internet based portal and mobile application, is operated by A to Z Pharmacy, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Dawalane” or “We” or “Our” or “Us” or “Company”) having registered office at 94/8, Sector-9, Ajay Marg, Pratap Nagar, Kumbha Marg, Sanganer Jaipur, Rajasthan- 302003, with GSTIN 08CCIPS9281H1ZW and PAN CCIPS9281H. The domain name and the mobile application are collectively referred to as the “Website”.
2. Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Dawalane on the other Part.
3. By accessing, browsing or in any way transacting on the Website, or availing any Services, you signify your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if you navigate away from the website to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern your use of that website.
4. The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies (“Third Party Pharmacies”) and by the Company; (ii) diagnostic services being offered by various third party diagnostic centers (“Third Party Labs”); (iii) online medical consultancy services/ second opinion being offered by third party independent doctors (“Medical Experts”); and (iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Pharmacies, Third Party Labs, Medical Experts and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information (“Information Services”) to the Users accessing the Website (The services of the Third Party Services Providers, sale of pharmaceutical products by the Company and the Information Services are collectively referred to as the “Services”).
5. The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the website after obtaining due registration, in accordance with the procedure as determined by us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the website merely as visitors). The services are offered to you through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, dawalane shall send to You (promotional content including but not limited to emailers, notifications and messages).
6. You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. Dawalane is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers.
7. Dawalane reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right you may have to receive specific notice of such changes or modifications, provided however that, we will inform you of such changes at least once a year. Your continued use of the Website will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Website.
8. As a condition to your use of the Website, you must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, you represent and warrant to Dawalane that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
9. These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
   1. the Indian Contract Act, 1872 (“Contract Act”);
   2. 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, 2011 (“IG Guidelines”);
   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 (“Drugs and Magic Act”);
   5. The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
   6. Pharmacy Act, 1948 (“Pharmacy Act”) and
   7. the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.
10. Dawalane authorizes you to view and access the content available on the Website solely for the purposes of availing the services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by Dawalane including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Dawalane Content”) (collectively, “Content”). The Dawalane content is the property of A to Z Pharmacy and is protected under copyright, trademark and other applicable law(s). You shall not modify the Dawalane content or reproduce, display, publicly perform, distribute, or otherwise use the Dawalane content in any way for any public or commercial purpose or for personal gains.
11. Compliance with these Terms of Use would entitle you to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
12. These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Eligibility

13. For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, you are required to obtain registration, in accordance with the procedure established by Dawalane in this regard. As part of the registration process, Dawalane may collect the following personal information from you:
    1. Name;
    2. User ID;
    3. Email address;
    4. Address (including country and ZIP/ postal code);
    5. Gender;
    6. Age;
    7. Phone number;
    8. Password chosen by the User;
    9. Valid financial account information; and
    10. Other details as You may volunteer.
    11. The registration on or use/ access of the Website 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 Website. By registering, accessing or using the Website, you accept the terms of these Terms of Use and represent and warrant to Dawalane that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
    12. A registered ID can only be utilized by the person whose details have been provided and Dawalane 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 Website for the purposes of procuring the services, on behalf of such persons.
    13. Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
    14. You agree and acknowledge that you would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating your account and in all your dealings through the Website; (iii) maintain and promptly update your account information; (iv) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (v) promptly notify Dawalane if you discover or otherwise suspect any security breaches relating to the Website; (vi) take responsibility for all the activities that occur under your account and accept all risk of unauthorized access; (vii) Any communication from Dawalane shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate and (viii) You shall be solely responsible to update your registered mobile number and/or email address on the website in the event there is a change.
    15. The website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Dawalane for the technical administration of the website, research and development, and for user administration. In the course of serving advertisements or optimizing services to you, Dawalane may allow authorized third parties to place or recognize a unique cookie on your browser. Dawalane does not store personally identifiable information in the cookies.
    16. Dawalane, at its sole discretion, reserves the right to permanently or temporarily suspend users, to bar their use and access of the website and app, at any time while Dawalane investigates complaints or alleged violations of these Terms of Use or any services, or for any other reason.

Use of services and the website

 E-Commerce Platform for Pharmaceutical Products –

17. Platform to facilitate transaction of business:
    1. Through the Website, Dawalane facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Pharmacies (“Pharmaceutical Goods and Services”). You understand and agree that Dawalane and the website merely provide hosting services to you and persons browsing / visiting the website. All items offered for sale on the website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party products. Dawalane has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third Party Pharmacies through the Website shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that Dawalane shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
    2. You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services which are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, which are offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.
    3. The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services are as provided by the Third Party Pharmacies. Dawalane 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 You and the Third Party Pharmacies.
18. Representation as to legal title
    1. Dawalane does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website.
    2. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with Dawalane nor shall Dawalane have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.
    3. You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.
19. Non-Performance of Contract

You accept and acknowledge the following:

1. Dawalane is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Pharmacies for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website;
2. Dawalane cannot and does not guarantee that the concerned Third Party Pharmacies will perform any transaction concluded on the Website;
3. The Third Party Pharmacy(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, Dawalane is not responsible if the Third Party Pharmacy(s) does not satisfy the contract for sale of Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and
4. Dawalane shall not and is not required to mediate or resolve any dispute or disagreement between you and Third Party Pharmacies. In particular, Dawalane does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Dawalane shall, on a request in writing made by you after the purchase of any Pharmaceutical Goods and Services on the Website, provide you with information regarding the Third Party Pharmacies from which you have made such purchase, including the principal geographic address of its headquarters and all branches, name and details of its website, its email address and any other information necessary for communication with the Third Party Pharmacy for dispute resolution.

Exhibition of drugs and publication of Third Party Pharmacies content on the Website

5. You agree and acknowledge that the respective Third Party Pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.
6. The Third Party content available on the website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Pharmacies on the website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
7. You acknowledge and agree that such Third Party Pharmacies shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that Dawalane provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the website and you must run your own independent check. You agree and acknowledge that Dawalane has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third Party Pharmacies on the Website. Further, it is hereby clarified that the Third Party Pharmacies are offering the Pharmaceutical Goods and Services for sale to you and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that you shall not hold Dawalane responsible or liable for any damages arising out of such reliance on third party user generated content by you.

20. Prescription Drugs
    1. The Website is a platform that can be used by the users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website, you are required to upload a scanned copy of the valid prescription on the Website or email the same to Dawalane. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by Dawalane until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by You and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by you, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
    2. Dawalane shall maintain a record of all the prescriptions uploaded by the users.
21. Substitution of Prescribed Drugs
    1. You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
    2. You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
22. Invitation to offer for sale
    1. Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Website by the Third Party Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by you shall constitute an offer by you to enter into an agreement with the Third Party Pharmacies (“Offer”). Post the offer from the Third Party Pharmacies, Dawalane shall send an email to you with the information on the Offer along with the details of the concerned Third Party Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the offer. The acceptance of the offer would only be undertaken by the Third Party Pharmacy(s) after the validation/ verification of the prescription by such Third Party Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.
    2. For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Third-Party Pharmacy’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Third Party Pharmacy.
23. Transfer of Property and Completion of Sale
    1. Upon acceptance of the offer by the concerned Third-Party Pharmacy (being the brick and mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by you. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third-Party Pharmacy, wherever required under the applicable law(s).
    2. You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by you shall stand immediately transferred to you upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third-Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Third-Party Pharmacy itself.
    3. The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to you shall be issued by the concerned Third Party Pharmacy (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
24. Delivery of Drugs
    1. You agree to appoint an individual who shall act in the capacity of your agent and collect the medicines as requested by you from Third Party Pharmacy on your behalf ("User Agent"). You accept and acknowledge that the User Agent shall be responsible to collect the medicines ordered by you from the Third Party Pharmacy and to carry it to the address notified by you.
    2. You further agree and acknowledge that the User Agent acts as your agent for collecting the medicines from the Third Party Pharmacy. The services are being undertaken by User Agent with your consent and therefore the Company is merely facilitating for you and Users Agent to connect.
25. Editorial Policy for the Website –
    1. As part of the Services, Dawalane provides Dawalane Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Dawalane Content is subject to the following rules/ information:
       1. Dawalane is original and is relevant to the general public;
       2. topics for Dawalane content are selected by our board of qualified experts consisting of certified medical experts, pharmacist and medical professionals;
       3. Dawalane maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;
       4. the member of Dawalane has to fully disclose any potential conflict of interest with any of the Third Party Service Providers;
    2. Diagnostics Services –
       1. As a condition of your use of and access to the diagnostic services provided through the website and your acceptance of these Terms of Use, you are subject to the following rules/ guidelines:
          1. Terms for use of the Diagnostic Services:
             1. Dawalane provides services through the website as a marketplace and facilitates the users to avail diagnostic test/ packages facilities offered by Third Party Labs through the Website. Dawalane is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third Party Labs and does not deal with any of Third Party Labs’ client or patient managed by Third Party Labs through the website and only provides facilitation services to the users through the Website. Use of the Website may require the Third Party Labs to use software and the Third Party Labs have to ensure the procurement of such software from the concerned providers. User and the Third Party Labs agree to use the website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
             2. The Third Party Labs may not access the services if the Third Party Labs are Dawalane’s direct competitor, except with Dawalane’s prior written consent. In addition, the Third Party Labs may not access the services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
             3. The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Third Party Labs are permitted to make against Dawalane’s application programming interface, and, other limitations dependent on the Third Party Labs plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Third Party Labs’ plans. The Services provide real-time information to enable Third Party Labs to monitor such Third Party Labs’ compliance with such limitations.
             4. Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for Third Party Labs’ dealings and interaction with the users who avail the services of the Third Party Labs or diagnostic centres contacted or managed through the Website and Dawalane shall have no liability or responsibility in this regard. Dawalane does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such user, Third Party Labs or any diagnostic centre or any third party through the website. The services should not be used for emergency appointment purposes.
             5. Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for dealings and interaction with users contacted or managed through the Website and Dawalane shall have no liability or responsibility in this regard. Dawalane does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Labs.
             6. Dawalane may, at its sole discretion, suspend Third Party Labs or Users ability to use or access the website at any time while Dawalane investigates complaints or alleged violations of these Terms of Use, or for any other reason. Dawalane has the right to edit profiles of Third Party Labs to make them more suitable for package searches on the Website. If Third Party Labs and/ or Users find any wrong information on the Website in relation to such Third Party Labs and/ or User, they can correct it themselves or contact Dawalane immediately for such corrections. Dawalane shall have no liability or responsibility in this regard.
          2. Terms for use of the Online Doctor Consultancy Services:
             1. Dawalane is an online health platform that provides a variety of online and online-linked health products and services to the users for health related information and resources. Whenever we use the words "Your physician" or "Your doctor" or "healthcare provider" or similar words on the website, including in these Terms of Use, we mean your personal doctor with whom you have an actual, mutually acknowledged, doctor-patient relationship. Dawalane’s Medical Experts are not "Your" physician or healthcare provider.
             2. NO DOCTOR-PATIENT RELATIONSHIP: Dawalane does not replace your relationship with physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider.
             3. You acknowledge that the Medical Experts empanelled with us are independent contractors and thereby Dawalane has an independent contractor relationship with such Medical Experts and therefore in no event Dawalane will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts may provide to you or you may avail as part of the Services.
             4. You acknowledge that the e-prescription which may be issued by the medical expert(s), in certain events, is not a valid prescription under applicable law(s) of India and may not be used for dispensation of medicines by any pharmacist including the Third Party Pharmacies. You further agree and acknowledge that if you request us to process the e-prescription or any form of prescription (whether original or scanned copy of the original prescription) for facilitation of medicine orders, then we will only act as an aggregator and assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at your sole risk and the sole responsibility of the Third Party Pharmacies supplying the medicines to you.
             5. You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the website (including Information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such information does not create a doctor/medical professional-patient relationship, but is provided to inform you on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the website should be used for information purposes only.
             6. Dawalane is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you, in connection with the advice you receive from your doctor or other professional healthcare provider, are the best decision maker about your health. We cannot make decisions for you. However, what we can do is help you find good health information and connect with doctors for in-person information. On Dawalane you can ask and find informational questions and related educational answers by Medical Experts. The website is not a place for the practice of medicine, but Medical Experts on the website can be a resource for reliable, relevant general health information.
             7. Even if your real life doctor is on Dawalane, personal medical advice, treatment or diagnosis are not permitted through the website, and by using the website you agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Whenever you want personal medical advice, treatment, or diagnosis, you should contact your physician or professional healthcare provider and see them in person.
             8. We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the website is solely at your own risk. In case of any medical emergency, kindly contact your nearest doctor/hospital or any related helpline.
             9. The services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore we strongly discourage any delay in seeking advice from your doctor on account of something that you may have heard/viewed on the website. You take full responsibility for ensuring that the information submitted is accurate and Dawalane shall not make any effort to validate any information provided by you for using the services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask you to share more information as and when needed.
             10. The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of Dawalane, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. Dawalane does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the website or by a licensee of Dawalane.
             11. The inclusion of professionals, specialists and/ or Medical Experts on the website or in any professional directory on the website does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and Dawalane disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
             12. Dawalane (the owners and the employee staff of Dawalane), Medical Experts and third-party professionals who offer the services through the website accept no responsibility for any medical, legal or financial events or outcomes related to the services availed through the use of the website.
             13. Dawalane makes no warranty that the services will meet Your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Dawalane employees. Dawalane is not responsible for transmission errors, corruption of data.
             14. The website is for personal use and the services are for individuals to use for supporting their personal health decisions. You may use the website for personal, but not for commercial, purposes.
             15. The website may not be used for illegal purposes. The Information and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the website, the information, or services. You may not use any automated means (such as a scraper) to access the website, the information, or services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Dawalane profile/ account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
             16. Your right to use the services is not transferable.
             17. Notwithstanding anything to the contrary contained herein, you alone shall be liable for your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the website and Dawalane shall have no liability or responsibility in this regard. Dawalane does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by such client, patient, user, Medical Experts or any third party through the website. The services should not be used for emergency appointment purposes.
             18. The exchanges between the Medical Experts and the patient through the chat window or over telephone (as the case maybe) and the e-prescription would be accessible to Dawalane for the purposes of monitoring the quality of the consultation.
             19. Dawalane may, at its sole discretion, suspend User’s or Medical Expert’s ability to use or access the Website at any time while Dawalane investigates complaints or alleged violations of these Terms of Use, or for any other reason. Dawalane has the right to edit profiles of Medical Experts to make them more suitable for patient/ users searches on the website.
             20. The services should not be depended upon and should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the website is generic in the approach and shall not and cannot act as a substitute for physical consultation with a doctor. Also, the consultations provided through the website are not diagnostic in nature.

OTHER TERMS

17. Your Profile, Collection, Use, Storage and Transfer of Personal Information:
    1. Your Dawalane profile is created to store record of your consultations and your personal health information online, including history, health conditions, allergies and medications.
    2. Any information provided as part of a web consultation or obtained from use of the services by you becomes part of your Dawalane record. You agree to provide accurate information to help us serve you best to our knowledge, to periodically review such information and to update such information as and when necessary. Dawalane reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by you for Dawalane’s record or for the services. Please make sure you provide a valid email-id and you update it as and when needed.
    3. For additional information regarding use of information about you, please refer to the Privacy Policy.
    4. The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.
       1. The Privacy Policy sets out:
          1. the type of information collected from Users, including sensitive personal data or information;
          2. the purpose, means and modes of usage of such information; and
          3. how and to whom Dawalane will disclose such information.
       2. The users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
          1. the fact that the information is being collected;
          2. the purpose for which the information is being collected;
          3. the intended recipients of the information;
          4. the name and address of the agency that is collecting the information and the agency that will retain the information; and
          5. the various rights available to such users in respect of such information.
       3. Dawalane shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the users to Dawalane or any other person acting on behalf of Dawalane.
       4. The use of the website involves every users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by Dawalane from users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
       5. The users are responsible for maintaining the confidentiality of the users’ account access information and password. The users shall be responsible for all uses of the users’ account and password, whether or not authorized by the users. The users shall immediately notify Dawalane of any actual or suspected unauthorized use of the users’ account or password.
       6. If a user provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Dawalane has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dawalane shall have the right to suspend or terminate such account at its sole discretion.
       7. Dawalane may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit Dawalane to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Dawalane as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Dawalane or any person on its behalf and the user or where the user has consented to data transfer.
       8. By accepting these Terms of Use and by registering on the Website, you consent to be contacted by Us and/or by our third party service providers. You further consent to receive Calls, emails and messages (SMS) notifications and information from Us and from Third Party Service Providers including for promotions, discount and/or other service delivery related issues.
    5. Payment, Fees and Taxes:
       1. Registration on the Website and the access to the information provided on the Website is free. Dawalane does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the respective Third Party Pharmacies for purchase of Pharmaceutical Goods and Services from such Third Party Pharmacies and to the Company in case of purchase of Pharmaceutical Goods and Services directly from the Company. The Third Party Pharmacies may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold Dawalane responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third Party Pharmacies or the collection agents or for any actions/ omissions which are beyond the control of Dawalane.
       2. In relation to the diagnostic services being availed from the Website, the User agrees to pay all package fees, consulting fees and other fees applicable to the Third Party Labs for use of such Services and the Third Party Labs shall not circumvent the fee structure. The fee is dependent on the package that the Third Party Labs purchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments directly to the respective Third Party Labs for use of the diagnostic Services from the Website. You agree and acknowledge that You shall not hold Dawalane responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third Party Labs’ any actions/ omissions which are beyond the control of Dawalane.
       3. Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Dawalane is in no way responsible for any of the taxes except for its own income tax.
       4. All fees are exclusive of applicable taxes.
       5. Dawalane reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
       6. In order to process the payments, Dawalane might requires details of User’s/ Third Party Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how Dawalane uses the confidential information provided by Users.
       7. Applicable payment charges: No charges levied.
       8. Security details in relation to payment methods: API integrated.
       9. Charge-back options: No.
    6. Return, Refund, Cancellation and Shipping charges:
       We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.
       1. You are also prohibited from:
          1. violating or attempting to violate the integrity or security of the Website or any Dawalane Content;
          2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Dawalane;
          3. intentionally submitting on the Website any incomplete, false or inaccurate information;
          4. making any unsolicited communications to other Covenanters;
          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 Website;
          6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
          7. copying or duplicating in any manner any of the Dawalane Content or other information available from the Website; and
          8. framing or hotlinking or deeplinking any Dawalane Content.
       2. Dawalane g, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms of Use. Dawalane shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
       3. In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, Dawalane has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.
    7. Liability
       1. Dawalane shall not be responsible or liable in any manner to the Users or any Third Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by Dawalane, where Other Parties have consented to the making of such disclosures by Dawalane. If the Other Parties had revoked such consent under the terms of the Privacy Policy, then Dawalane shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by Dawalane prior to its actual receipt of such revocation.
       2. The Other Parties shall not hold Dawalane responsible or liable in any way for any disclosures by Dawalane under Regulation 6 of the SPI Rules.
       3. The Services provided by Dawalane or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Dawalane does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Dawalane does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Dawalane Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
       4. The Website may be linked to the website of third parties, affiliates and business partners. Dawalane has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Dawalane endorses the linked website. Other Parties may use the links and these services at their own risk.
       5. Dawalane shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; Dawalane shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
       6. Users accept and acknowledge that Dawalane 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/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (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 Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. Dawalane also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
       7. The Other Parties further accept and acknowledge that Dawalane does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Dawalane Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by Dawalane or any Third Party Service Providers in relation to any Services provided by Dawalane.
       8. Dawalane assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
       9. The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
       10. To the maximum extent permitted by applicable law(s), Dawalane, 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 Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
       11. In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
       12. Dawalane disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third Party Labs or the Third Party Pharmacies as the case may be.
       13. The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. Dawalane reserves the right to retain such information for the purpose of providing Services to the Users.
       14. With respect to the Consultation Services, after selection of the type of treatment viz. Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, Dawalane will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
       15. The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
       16. In no event shall the total aggregate liability of the Protected Entities to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Use or any Other Parties’ use of the Website exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). Dawalane accepts no liability for any errors or omissions on behalf of the Other Parties.
       17. In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.
    8. Indemnity
       The Covenanters agree to defend, indemnify and hold harmless Dawalane, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.
    9. Modification of Website
       Dawalane reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Dawalane will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
    10. Intellectual property rights
        All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
    11. Force Majeure
        Other Parties accept and acknowledge that Dawalane shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Dawalane or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond Dawalane’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Dawalane, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.Further, delivery time periods specified on Website shall always be nonbinding under all circumstances as delivery is dependent on multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond Company’s control.
    12. Governing Law and Dispute Resolution
        These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at New Delhi. All disputes will be subject to arbitration at New Delhi in English by a sole arbitrator appointed by Dawalane under the Arbitration and Conciliation Act, 1996.
    13. Survival
        Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
    14. Severability
        If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
    15. Waiver
        No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Dawalane. Any consent by Dawalane to, or a waiver by Dawalane of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
    16. Headings
        The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.