Terms and Condition

The Terms outlined here establish an agreement between the Company and anyone accessing or using the Website in any capacity (“you” or “your”).

The Website functions as a platform facilitating the online purchase of pharmaceutical products such as prescription drugs and over-the-counter medicines, supplied by Ambitree through licensed outlets (“Products”).

Your use of the Website explicitly signifies your acceptance and commitment to abide by these Terms. If you disagree with any of these Terms, kindly refrain from using the Website. Understand that your interaction with the Website, its Products, any offers or promotions related to them, and the Services provided by us, our affiliates, or third parties, falls under the governance of these Terms and any other applicable terms (“Additional Terms”). In instances where these Terms conflict with Additional Terms, the Additional Terms take precedence to the extent they are relevant.

This document is an electronic record in line with the Information Technology Act, 2000 (“IT Act”), its relevant regulations, and electronic record provisions in various statutes as amended by the IT Act. It’s computer-generated and doesn’t require physical or digital signatures.

Any individual meeting the legal criteria to enter binding contracts as per the Indian Contract Act, 1872—individuals aged 18 or above, of sound mind, and not barred by any law from entering contracts—can access and use the Website.

The terms are divided into two parts. Take care to review them thoroughly.

PART A: Terms governing the usage of the website.

1. GENERAL

1.1 Your use of or access to the Website signifies your acceptance of these Terms along with all the available policies on the Website, collectively forming the “Agreement”.

2. REGISTRATION OF YOUR ACCOUNT

2.1 To use the Website, you’ll need to create an account by providing prompted information like your name, gender, mobile number, and other relevant details for placing orders. Your login ID and password are generated based on this information, granting access to your Ambitree account whenever needed. This information, along with your login credentials, constitutes your “Account Information”.

2.2 You have sole authorization over your created account. It’s crucial to maintain the confidentiality of your Account Information. You’re responsible for all actions taken on your account.

2.3 You agree to (a) promptly report any unauthorized account use or security breach, and (b) log out after each session. Failure to keep your Account Information secure may result in liability for losses incurred by Reliance or other users due to unauthorized access. We retain the right to refuse, terminate, or suspend accounts, or modify content without prior notice.

2.4 We actively monitor user accounts to prevent fraud. Users found engaging in fraudulent activities like having multiple accounts or misusing referral vouchers may face legal action. We reserve the right to recover costs, including legal fees, related to fraudulent actions on the Website. Upon detecting fraud or failed transactions, we may suspend or delete accounts immediately, disregarding past and pending orders, with no liability on our part. However, this doesn’t absolve the User from any liabilities.

3. COMMUNICATION AND UNSUBSCRIPTION

3.1 Upon sharing your Account Information and successfully registering on the Website, expect to potentially receive SMS or email notifications from Ambitree regarding your registration and activities on the Website.

3.2 Your explicit consent is given to receive communications, notifications, and commercial messages related to transactions, marketing, or promotional activities associated with your interactions on the website or the available Products and Services. By sharing your Account Information, registering on the Website, or verifying your contact number, you expressly agree to receive marketing or promotional communications (via call, SMS, email, or other digital means) from us or our authorized representatives, including information about new services or offerings.

3.3 Although the Company aims to promptly provide these notifications and reminders, there is no guarantee provided, and the Company cannot be held liable or responsible for any failure to dispatch such notifications or reminders.

3.4 At any time, you have the option to unsubscribe or opt-out from receiving marketing or promotional communications, newsletters, and other notifications from the Company. Clear instructions for opting out are detailed in such communications, allowing you to manage your preferences whenever desired.

4. USER WARRANTIES AND RESTRICTIONS

4.1 You affirm and guarantee that: (a) your utilization of the Website will not contravene any applicable laws or regulations; (b) all information provided to the Company related to the Website is accurate, lawful, and truthful; (c) Your utilization of the Website adheres to applicable Website policies or guidelines and will not cause harm to any individual or entity. If at any point, the information provided by you is discovered to be false or inaccurate, the Company reserves the right to decline registration, annul any or all orders, and prohibit your future use of the Website and its associated services without any prior notice. You agree to indemnify the Company and its affiliates against any claims brought by a third party.

4.2 You commit to using the Website exclusively for lawful purposes and will refrain from engaging in any activity that could harm the Company, the Website, its content, or contravene its intended use. You are granted a limited license to access and utilize the Website solely for availing the services, per these Terms.

4.3 Your use of the Website is strictly limited to personal purposes, and you shall not exploit any part of the Website (including its content) or Services for resale or commercial intentions.

4.4. You shall refrain from engaging in any of the following actions:

• 4.4.1 – Use any software, engine, tool, agent, or mechanism (e.g., spiders, robots, avatars, worms, time bombs, etc.) to browse or search the Website.
• 4.4.2 – Make false or malicious statements regarding the Product, the Website, or the Company.
• 4.4.3 – Post, copy, submit, upload, distribute, or transmit any software or computer files containing a virus or other harmful component, disrupt or damage the Website or any connected network, or interfere with anyone’s use or enjoyment of the Website.
• 4.4.4 – Introduce trojans, viruses, any other malicious software, or bots, or scrape the Website for information.
• 4.4.5 – Probe, scan, or test the vulnerability of any system, security measures, or authentication measures implemented by us, or attempt to tamper with our technological design and architecture.
• 4.4.6 – Intrude or introduce any malicious software onto the Website.
• 4.4.7 – Engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing,” and “griefing,” as commonly understood and used on the internet.

4.5 You are not permitted to host, display, upload, modify, publish, transmit, update, or share any information on or through the Website that:

• 4.5.1 – Belongs to someone else without proper authorization;
• 4.5.2 – Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, related to or promoting illegal activities such as money laundering or gambling, or in any way harmful;
• 4.5.3 – Harms minors in any manner;
• 4.5.4 – Infringes upon patents, trademarks, copyrights, or other proprietary rights;
• 4.5.5 – Violates any current law;
• 4.5.6 – Misleads or deceives the recipient about the source of such messages or communicates highly offensive or threatening information;
• 4.5.7 – Impersonates or slanders another individual;
• 4.5.8 – Contains software viruses or any other code or programs intended to disrupt, damage, or limit the functionality of any computer resource.

5. ACCESS OUTSIDE THE REPUBLIC OF INDIA

5.1 The Company does not assert that the content on the Website is suitable for use or access outside the Republic of India. Users accessing or using the Website from outside the Republic of India do so at their own risk and are accountable for adhering to the laws of that particular jurisdiction. These Terms neither represent nor should they be employed for any promotional activities or solicitations in any jurisdiction where such activities are unauthorized, or to any individual to whom promoting or soliciting is unlawful.

6. DISCLAIMER

PRODUCTS

6.1 The Company is solely responsible for furnishing you with an e-commerce platform to purchase Products or access third-party services if you find them suitable.

6.2 It’s explicitly clarified that the manufacturers themselves are accountable for all compliance matters concerning Product manufacturing, including labeling, mandatory declarations, etc., as per the relevant law. Manufacturers must comply with the pertinent provisions of applicable laws, encompassing but not limited to the Legal Metrology Act, Drugs and Cosmetics Act, Food Safety and Standards Act, Drugs and Magic Remedies Act, etc., and the accompanying regulations.

 6.3 To aid users in identifying their preferred Products, we offer visual representations on the Website, including graphics, illustrations, photos, videos, charts, screenshots, infographics, and other visual aids, to the extent permitted by the law. While reasonable efforts are made to ensure accurate visual representation, we disclaim any guarantee or warranty regarding the accuracy of such visual depictions or Product descriptions.

6.4 You acknowledge that the Website might offer third-party services to assist you in locating and scheduling appointments with doctors/registered medical practitioners or diagnostics service centers. Please be aware that this service is provided by a third party, and the Website neither guarantees nor asserts the correctness, completeness, or accuracy of such services. In case of emergencies or necessary follow-up care, seek assistance promptly and continue consulting your primary healthcare provider as you see fit.

6.5 Any interaction between you and the third-party service provider is an independent arrangement between you and those third parties. The Company bears no responsibility for liabilities or claims arising from services availed through such third parties, including any deficiencies, shortcomings, or inaccuracies. The Company disclaims liability arising from your communication or utilization of services with these third parties.

6.6 The Products and third-party services are provided on an “as is” basis. We do not make representations or warranties on behalf of these Products and services. The Company does not guarantee or provide representations and warranties regarding the quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose or consumption, or the content (including product or pricing information and/or specifications) on the Website. Additionally, the availability of services at all times is not guaranteed.

7. PRESCRIPTION MEDICATION POLICY:

7.1 The Website enables the purchase of Prescription Drugs, specifically medicine requiring a valid medical prescription issued by a healthcare professional or doctor, intended for dispensation by a registered pharmacist, and offered for sale on the Website. To procure Prescription Drugs from the Website, you must upload a scanned copy of a valid prescription on the Website or email it to the Company. The Company will not process the order until a valid prescription copy is received. Upon receiving the prescription, the Company will verify its authenticity, and if any discrepancies are noted, the order will be promptly canceled.

8. CONTENT ON THE WEBSITE

8.1 All content, including information, material, graphics, logos, text, images, software code, interface design, and the arrangement of content on the Website, referred to as “Company Content,” is the exclusive property of the Company or its affiliates. These elements are safeguarded under copyright, trademark, and other pertinent laws. Additionally, any trademarks, trade names, service marks, or trade secrets associated with the Website, whether displayed or not, belong to the Company and are protected as proprietary.

8.2 The Website might display third-party logos, trade names, or trademarks of other brands, subject to the license granted to the Company by these brands.

8.3 No part of the Website’s information, content, or material (including the Company Content) can be reproduced, copied, sold, uploaded, posted, transmitted, distributed, or exploited in any manner (including for commercial purposes) without the express written permission of the Company. You are not permitted to frame, enclose, or use framing techniques around any trademark, logo, or proprietary information (such as images, text, or page layout) belonging to the Company or its affiliates without explicit written consent. The use of meta tags or any “hidden text” employing the Company’s or its affiliates’ names or trademarks is strictly prohibited without written consent. Unauthorized use terminates the permissions granted within these Terms.

9. LICENSE AND USE OF YOUR CONTENT

9.1 Upon registering on the Website, you are granted a limited, non-exclusive, and revocable license to access the Company Content, and services and utilize the Website’s features. This license is specifically for personal use to identify, purchase, and manage returns and refunds for Products per the Website’s Return and Refund Policy. It is not intended for business purposes.

9.2 The granted license does not permit: (a) reselling Products or using the Website commercially, (b) collecting or using product information beyond these Terms, (c) using the Website or Company Content beyond the permitted scope, (d) copying the Account Information, (e) extracting Website content using data mining tools, (f) creating or publishing a database based on Website content.

9.3 By posting material on the Website, you provide the Company with an irrevocable, non-exclusive, royalty-free license to use, reproduce, distribute, display, create derivative works from, or act upon this material across any form of media or technology, without additional approval or compensation. This includes feedback, comments, ideas, or any content provided on the Website. You agree to undertake any necessary actions, at the Company’s request, to formalize these granted rights.

10. INDEMNIFICATION AND LIMITATION OF LIABILITY

10.1 You agree to defend, indemnify, and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any third-party claims, losses, liabilities, damages, and costs (including reasonable attorney fees and costs) resulting from your use of the Website, violation of these Terms, or infringement of our or any third-party rights. Promptly upon notice of any such claim, you agree to provide us with reasonable assistance, at your own expense, in defending against such claims.

PART B – TERMS OF SALE ON THE WEBSITE

11. OUR CONTRACT OF SALE

11.1 When a Product is listed and displayed on our Website, it’s an invitation for you to offer to purchase that Product. Similarly, when you place an order on the Website, it’s considered your offer to buy the Product(s) from us.

11.2 Upon placing an order, you’ll receive an email and/or mobile confirmation acknowledging receipt of your order with order details (the “Order Confirmation”). This confirmation signifies receipt of your order but doesn’t imply our acceptance of your offer.

11.3 We accept your offer and finalize the sale contract for a Product when the Product is shipped or dispatched to you, and we send an email and/or mobile confirmation stating the Product’s shipment (the “Shipment Confirmation”). We retain the right, at our discretion, to reject or cancel any order before sending the Shipment Confirmation.

11.4 If your order is dispatched in multiple packages, you might receive separate Shipment Confirmations for each package. Each Shipment Confirmation and its corresponding dispatch will establish a distinct sales contract between you and us for the specified Product(s) in that shipment.

11.5 We will communicate with you solely through your registered mobile number and/or email address or any other contact info you specify for a transaction. It’s your responsibility to update your contact details on the Website if they change. Additionally, we may send you notifications and reminders about scheduled deliveries of purchased Products. While we’ll make every effort to send these promptly, we’re not liable for any failure to do so.

11.6 Our dispensing of Products is aligned only with the quantities prescribed.

11.7 All orders placed on the Website rely on the availability of Products, our acceptance of your offer as described earlier, and your ongoing compliance with these Terms.

11.8 By using our services, you authorize us to make declarations to any government authority upon request, stating that the Products you’ve ordered are for personal, non-commercial use.

12. RETURN AND REFUND

Kindly go through the Cancellation, Returns, and Refund Policy provided on the Website. This policy pertains to the Products you obtain from us.

13. PRODUCT AVAILABILITY

13.1 The availability status for Products is displayed on the relevant webpage of the Website. We cannot offer more specific availability details beyond what’s stated on that webpage or elsewhere on the Website. It’s important to note that the estimated dispatch is not a guaranteed commitment and should not be solely relied upon. As we process your order, we’ll notify you via email and/or mobile SMS if any Products you’ve ordered happen to be unavailable or out of stock.

14. PRODUCT PRICING

14.1 All prices are denoted in Indian Rupees and include applicable taxes.

14.2 The prices of Products in your shopping cart on the Website will reflect the most recent price displayed on the respective Product information page. It’s important to note that this price might differ from the initially displayed price when the Product was first added to your cart. Adding a Product to your cart doesn’t guarantee the reservation of the price initially shown. Additionally, there might be variations in a Product’s price between the moment it’s placed in the cart and the final order placement. The price applicable at the time of placing the order will be considered final.

15. LICENSES

15.1 You recognize that certain Products may necessitate licenses or permissions under the relevant laws for their use, purchase, or possession by you. Obtaining such licenses or permissions and adhering to their terms will be your sole responsibility.

16. LIMITATION OF LIABILITY

16.1 Under no circumstances shall our overall liability exceed the amount charged from you for purchases made under the specific order giving rise to such liability. We do not accept responsibility for any business-related losses (including profits, revenue, contracts, expected savings, data, goodwill, or incurred expenses) or any other indirect or consequential losses that were not reasonably foreseeable to both you and us at the time of the Product sale contract formation.

17. MISCELLANEOUS

17.1 FORCE MAJEURE

We won’t be liable for any failure or delay in fulfilling our obligations if such delay or failure arises from causes beyond our reasonable control.

17.2 WAIVER

No provision within these Terms will be considered waived or any breach excused unless the waiver or consent is in writing and signed by us. Any consent or waiver of your breach, whether explicit or implied, will not serve as consent or waiver for any other subsequent breach.

17.3 SEVERABILITY

If a court of competent jurisdiction determines any provision of these Terms to be unenforceable under applicable law, that provision will be omitted from these Terms. The remainder will be interpreted as if such provision were omitted, and it will be enforced according to its terms. In such a case, these Terms will be construed to best effect, to the greatest extent consistent with applicable law, to reflect the intent of the excluded provision as determined by such a court.

17.4 AMENDMENT

These Terms are subject to updates and modifications, which may occur periodically without prior notice. We encourage you to regularly review the Terms available on the Website. Your interaction with the Website will be bound by the most recent version of these Terms, as published on the Website.

17.5 OTHERS:

• 17.5.1 Alongside these Terms, you are responsible for complying with the terms and conditions of third parties, like bank offers or brand promotional offers, whose links, if any, are included or embedded in the Services. You agree that we bear no responsibility for any transactions between you and such third parties.
• 17.5.2 These Terms supersede any prior verbal or written agreements, if any, communicated to you by us concerning the use of the Website. Any rights and obligations related to Services provided by us are confined to the scope outlined in these Terms of Use.

18. GOVERNING LAW AND DISPUTE RESOLUTION

18.1 Any disputes or claims arising from these Terms concerning any or all transactions on the Website are governed by Indian laws and are subject to the exclusive jurisdiction of the competent courts in Mumbai.