Terms & Condition


“Arogya Retail App and website arogyaretail.com” and logo of Arogya Retail is a trademark of “Oxygen Lifeline Pvt Ltd”, which is the owner and operator of website and App, a company established in the year 2014 (hereinafter referred as the Firm) offers to provide goods and services as defined within this document.

All information or services provided hereunder will be treated as an invitation to offer.

Any access/visit to our website or application or call to our helpline number +91-7773868686 or sending of any text message to our helpline or placement of order will be treated to be an acknowledgement of the user/visitor/member to our terms and conditions including the privacy policy and other policies defined in the terms and conditions of the agreement.

The said acknowledgement from the user/visitor/member will constitute to be a legal binding contract between the user/visitor/member on one part and the Firm on the other part.

The said agreement defines the scope of our services, liabilities, terms and conditions of the contract including privacy and other policies as provided in the terms & conditions. Any placement of an order through any of the above means or any access to our website/application/helpline will be treated as your offer acknowledging acceptance to the terms & conditions/contract/agreement. However, the Firm holds the exclusive right to accept or reject the offer in full or part without any claims & liability on the Firm.

The agreement is in compliance with and is governed by the provisions of relevant & applicable laws & regulations with their respective amendments. Any user/visitor/member in denial with the terms & conditions of this agreement or contract should immediately discontinue the usage or access to our services/offers/schemes and restrict any access/visit/usage of our website, application, helpline etc. The Firm holds the sole right to change/amend/discontinue any of its terms and conditions, without giving its member/users prior notice and without any claims and liability of any kind.

The acknowledgement of acceptance to the terms and conditions and the privacy policy with other policies stated in the terms and conditions will be treated as willful, voluntary, unconditional, perpetual, acceptance without recourse till the time user/visitor/member uses/access our services including but not limited to use or access to our website, App, helpline and other services or till the time the user/visitor/member is not terminated/debarred from the usage of our services. Access/Visit/usage of the Firm's website/services/App/helpline shall be from only those who are competent to contract as per Indian Contract Act, 1872 and are above 18 years of the age or in case you are a minor but not less than 15 years of age you may place/receive orders or browse/access our application/website/ other modes of communication under the supervision of the parent or a legal guardian who agree to be bound by the terms and conditions of the Firm. No contraband items will be delivered.

Definitions

"Contract" means any access/visit/ to our website or application or call to our helpline or sending of any text message to our helpline will be treated to be an acknowledgement of the user/visitor/member to our terms and conditions including the privacy policy and other policies defined therein in the terms and conditions of the agreement. The said acknowledgement from the user/visitor/member will constitute to be a legal binding contract between the user/visitor/member on one side part and the Firm on the other part. The said agreement defines the scope of our services, liabilities, terms and conditions of the contract including privacy and other policies as provided in the terms & conditions. "Claims & liability" means and includes any or all direct, indirect, special, incidental, consequential, exemplary or punitive damages/claims/losses/liability/cost, of any nature and kind. "Communication" means and includes the material or the data or the information send by email, text messages, video/audio clips, pamphlets, our website, Arogya Retail app etc. "Content" means and includes the information, graphics, images, logos, button icons, software code, design, images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, audio clips, any written/printed material and other materials that are part of this Website/ App text, and the collection, arrangement, assembly of content on the Website/Application/pamphlets etc included but not limited to. "Customer" means and includes any firm, person, individual, body corporate, partnership firm acting as potential customers like "Visitor" which means the one who access/browse our website/application/helpline or other services or as expressed customers acting as an "User" which means the one who access and intends/uses to buy goods/products and avail services from our website/application/helpline, or a "Member" which means who has opted for either gold or silver card membership and access and uses to buy goods and avail services from our website/application/helpline. "Firm" means and includes the Firm with its proprietor its partners, associates, consultants, his employees, proprietor, licensors, sponsors, agents and representatives, successors, authorized dealers, stockists discount partners and distributors. "Writing" or "Written" includes matter either in whole or in part, in manuscript, typewritten, lithographed, cyclostyled, photographed or printed under or over signature or seal, as the case may be. "Words" in the singular include the plural and vice-versa. Words importing the masculine gender shall be taken to include the feminine gender and words importing persons shall include any company or association or body of individuals, whether incorporated or not. The heading of these conditions shall not affect the interpretation or construction thereof. Terms and expression not herein defined shall have the meanings assigned to them in the relevant Indian laws as the case may. "PARTIES:" The parties to the contract are the "user/visitor/member" and the "Firm", as Defined above; "Goods" means the Allopathic/Ayurvedic/Generic medicines and drugs, cosmetics, health care supplements, personal care items for men, women and babies, veterinary items, ortho care and surgical items, and diagnostic equipments etc. "Services" means and include services allied and incidental to the supply of goods, such as marketing, transportation, delivery, promotion of offers through our website, application, text messages, calls etc. "Consignee" means registered member i.e. the person to whom the goods are required to be delivered as specified in the Contract. If the goods are required to be delivered to a person, as an interim consignee for the purpose of dispatch to another person (as provided in the Contract) then that "another" person is the consignee, also known as ultimate consignee.

Delivery terms: Within 48 hours*

*We at Arogya Retail submit to deliver all orders as per following schedule: Orders received by call/SMS/What's up app/our app/website/ email between 10 am to 4 pm will be delivered within 48 hours within the city of Indore during working hours except on Sundays/Bank holidays and other exceptional circumstances. However, orders received by SMS / Whats aap /our app/website/ email before 10 am and after 4 pm will be delivered within 48 working hours starting from the next working day except Sundays/ Bank holidays and other exceptional circumstances. All deliveries will be made strictly made between 9 am to 10 pm. In case of non-delivery of items send for delivery due to registered member limitations, including, but not limited to, no show at registered address, not at home, prescription not provided, no payment, wrong address, wrong mobile number etc the items ordered will not be delivered and further delivery if requested later on shall be chargeable. In order to facilitate the acceptance of delivery, we can also deliver the medicines to your neighbors (duly intimated & authorized by you) provided they hold your prescription copy and the amount to be paid. In this case, the Firm will not be responsible for any claims later on. Fake orders may attract heavy financial penalties. It will be deemed to be accepted without dispute that any other person on behalf of the registered member ordering/ taking delivery has the right, capacity and authority from the registered member to do so and the Firm shall not be held responsible, for any, claims thereafter. The registered member should ensure that placement and delivery of the sensitive items/items for adult use only/ prescription based items should only be done by adults aging more than 18 years. Any orders placed and delivered against the registered member to his registered address will be his/her responsibility and in no event or circumstances the Firm shall be held responsible for any misuses/ side effects of the items ordered and delivered as the member/user while placing the order or accessing our services or accepting the deliveries warrants to have the right, authority and capacity to do so under the relevant Laws, Acts Rules & regulations with their amendments. In case of any of any wrong supplies made the same should be immediately intimated to the Firm. Before accepting the order at the registered address the registered member or the person taking the delivery on behalf of registered member shall declare that • They have received the items as per their order • The items delivered are not expired. • The items delivered are intact and in acceptable form of delivery i:e the items are not tempered or damaged in any manner. • It is the duty of the user/member to ensure that the items ordered and accepted are completely in line with the prescription of registered medical practitioner. Due to some limitations, all products requested may not be delivered simultaneously. In such a situation the Firm will notify the user/member and only on his/her wish, the offer for the balance quantity will stay alive to be delivered. Further, the registered member or any person on his behalf (duly authorized /unauthorized) while placing and accepting the orders acknowledges to be in agreement with the Firm that the Firm shall not be held responsible or liable for any incidental, implied, deemed ,direct/indirect losses/damages/cost/expenses including but not limited to damages for product performance, quality claims by the company manufacturing the product or product liability, personal injury or negligence resulting from the use of goods or services supplied to you, or on behalf of you, for orders placed to the Firm. The Firm is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. No other obligation is accepted & binding on us. Disclaimer The Firm (in its collective meaning as defined above) will not be responsible/accountable for any claims and liability (in its collective meaning as defined above) arising from the direct or the indirect use/inability to use of our services/offers/schemes including content or material or information provided on our website/application/helpline or through any of promotional/supporting communications made through, including but not limited to, the calls/text messages/email/pamphlets etc. The Firm expressly disclaims from any claims or liability arising out of any errors, omissions, delay, failure, interruption, or corruption of any data or other information or malfunctioning of our services through our website, App, helpline etc. In no event or circumstances shall the Firm (in its collective meaning as defined above) will be held liable for any claims & liability for any content/material/information provided in any or all communication means (including but not limited to our website, email, application, helpline, text messages, pamphlets, leaflets, cards etc) used for marketing or supporting activities. The Firm holds the sole right to change/amend/discontinue any of its terms and conditions including privacy policy & other policies, without giving its member/users prior notice and without any claims and liability of any kind. In no event or circumstances shall the Firm (in its collective meaning as defined above) will be held liable for any claims & liability for the acts and deeds of the user/visitor/member which are provided to be serious misdemeanors as defined above in terms and conditions/agreement/contract.

Though our website and application are secured by appropriate anti-virus softwares still we shall not be held responsible for any claims & liability for any damages & viruses that may affect the user's/visitor's/member's equipment/system on while accessing or visiting or browsing our website or application or for any downloading etc. To the fullest extent permitted under applicable law, Firm shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, App, Helpline, its services or this contract/agreement/terms& conditions. The Firm has taken due care to provide the user/visitor/member with accurate prices and product information, however, in case of any typographical errors or negligence or errors of omission resulting into incorrect prices or information, the Firm hold the sole right and discretion to correct/modify the same without any claims and liabilities and the user/visitor/member has to pay the correct price without any recourse. All products sold by the Firm are under manufacturer's warranties and the Firm is not responsible for any claims or liabilities. All information/content of products or services provided or claims of quality, product performance, or any other claims and mode of action of advertised medications are just a reproduction of data provided by the manufacturers and suppliers of the said products/services and the Firm or its employees should not be held responsible on any account whatsoever in this regard. The website , application and the call centre services provided are to add conveniences to your purchases and in no manner shall the information, products, schemes, offers displayed or conveyed should constitute to be a recommendation or endorsement of the same from the Firm and hence the Firm shall not held responsible for any liability of any kind. The member/buyer/user should consult a professional before following any content/product/information from any of our communications including but not limited to emails, website, application leaflet/pamphlets etc as the Firm does not rate/ evaluate the products sold by it and any reliance on such information/product/content displayed will strictly at the user/member/buyers own risk. However, this disclaimer does not apply to the product warranty offered by the manufacturer or the other third parties including but not limited to the authorized dealers etc. Any links to other websites on our website/ application may not constitute or implied to be a recommendation or endorsement of the contents/information in other websites from the Firm. As the Firm has no control over the information or contents provided in the other websites linked, the Firms ceases to be liable for any liability of any kind. Though the Firm shall make sure uninterrupted functioning of our website/application/ call centre etc however the Firm will not be liable, in case the same are temporarily out of service due to some technical limitation/errors beyond our control.