What is DailyCare.in?
DailyCare, is an online medicine store, that helps customer to buy medicines and cosmetics goods at reasonable prices.
Why this privacy policy?
This privacy policy is published in compliance of:
Section 43A of the Information Technology Act, 2000;
Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules");
Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
The Website is a platform that facilitates the purchase of pharmaceutical products for sale by various relevant pharmacies (hereinafter referred to as “ Services”, with the relevant pharmacies referred to as “Sellers”). The arrangement between the Sellers and dailycare shall be governed in accordance with this Terms of Use. The Services would be made available to such natural persons who have agreed to become buyers on the Website after obtaining due registration, in accordance with the procedure as determined by dailycare, 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 the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by the Sellers
Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
The Company 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 in 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. 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.
This Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
the Indian Contract Act, 1872 (“Contract Act”)
the (Indian) Information Technology Act, 2000 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 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules");
The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and Consumer Protection Act, 1986
9. Compliance with the Terms of Use would entitle the User to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
10. These Terms of Use constitute an electronic record in terms of the Information Technology Act, 2000 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
For the purposes of transacting with Sellers through the Website, the Users are required to obtain registration, in accordance with the procedure established by dailycare in this regard.
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.
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.
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.
A registered id can only be utilized by the person whose details have been provided and dailycare 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 purchasing drugs or other pharmaceutical products or services, on behalf of such persons
You agree and acknowledge that You would (a) create only one account; (b) provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Website; (c) maintain and promptly update Your account information; (d) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (e) promptly notify dailycare if You discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.
Privacy Policy
dailycare has duly formulated a policy on how the Company collects, uses and discloses personally identifiable information from its users (“Privacy Policy”). The Privacy Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same
Services and Use of Website
The contents provided on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Sellers on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
Consulting a Registered Medical Practitioner
The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You must always consult a Registered Medical Practitioner with any questions or concerns you may have regarding the suitability of any drug offered for sale by the Sellers on the Website, in light of your individual needs and medical conditions.
Delivery of Drugs
User authorizes the transporter/ courier/ delivery personnel to be his agent for delivery of the drug or device from the concerned pharmacy to the address notified by the User. The goods shall be delivered by agent/ transporter/ courier/ delivery personnel, authorized by the user for the delivery of the goods from the concerned pharmacy to the address notified by the User, with no control over the goods and no additional obligation apart from standard delivery obligations and duty of care. The User further accepts and acknowledges that dailycare does not engage in the distribution of the concerned drugs or other pharmaceutical products, and may only connect user to third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User
Payment, Fees and Taxes
Registration on the Website and the access to the information provided on the Website is free. dailycare does not charge any fee for accessing, browsing and buying through the Website. The User agrees to make all payments directly to the respective Seller for purchase of goods from such Seller. The Sellers may choose to either personally collect such payment from the Users or may use the services of collection agents duly appointed in this regard. The Users agree and acknowledge that it shall not hold dailycare responsible for any loss or damage caused to the User during the process, due to any acts or omission on the part of third parties viz. the Seller or the collection agents or for any actions/ omissions which are beyond the control of dailycare.
Liability
The User accepts and acknowledges that dailycare does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods made available on their Website, including any guarantee or warrantee that such goods (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Sellers have legal title over the goods being offered for sale by them on the Website.dailycare 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.
The User further accepts and acknowledges that dailycare does not verify any content or information provided by the Sellers/ or obtained from the Manufacturers, and to fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Website, the Services, the dailycare Content, representations and warranties made by the Sellers or the content or information (provided by such Seller or obtained from the Manufacturers) on the Website or any opinion or suggestion given or expressed by dailycare or any Seller in relation to any User or Services provided by dailycare.
The Website may be linked to web pages and content of third parties, affiliates and business partners (collectively,Third Party Content”). dailycare does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that dailycare shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, quality of such Third Party Content. Inclusion of any link on the Website does not imply that dailycare endorses the linked site. User may use the links and these services at User's own risk.
dailycare assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website. The listing of Sellers on the Website is based on numerous factors including User's comments and feedbacks. In no event shall the Protected Entities be liable or responsible for the listing order of Sellers on the Website.
Force Majeure
The User accepts and acknowledges that dailycare or the Sellers 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 the User), or any other delay or default or deficiency or failure which arises from causes beyond dailycare or the Seller’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, dailycare or the Seller, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User of the facts which constitute the Force Majeure Event
Governing Law and Dispute Resolution
This Agreement and any contractual obligation between dailycare and User will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Your access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Delhi.
Contact Information
If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at care@dailycare.com
If a User has any questions concerning dailycare, the Website, this Agreement, or anything related to any of the foregoing, dailycare can be reached at the following email address - care@dailycare.com or via the contact information available from the following hyperlink:www.dailycare.com/contactus