Terms & conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
www.gent.care, an internet based portal (hereinafter referred to as "Website") is operated by Thyone Technologies LLP (hereinafter to be referred as "Company" or "We" or "Our" or "Us"), a company duly incorporated under the provisions of the Companies Act, 2013.
Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made by Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s).
Company shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms and Conditions ("Terms"). The revised Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be your responsibility to check the Terms periodically for changes. Company may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Website and the Services, provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms, will constitute your express acceptance of those changes.
Company shall not be liable to deliver any Products purchased by You for delivery, in locations outside India.
The User agrees to use the service to authorize an individual and get the products on his/her behalf.
Products and Services
The Website is a platform that facilitates the online requisition by the user for purchase of medicines, wellness / health related products, food products and services offered by Company ("Products and Services"). The sale & purchase / transaction between the Company and You, of Products and Services, shall be governed by these Terms.
Content: You agree and acknowledge that the exhibited Content which includes catalog of drugs/ pharmaceutical products / other products or services, and information in relation to such drugs/ pharmaceutical products / other products or services, on the Website, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale or any professional medical advice, diagnosis, treatment or recommendation of any kind. Also, You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity of the information provided on the Website and You must do Your own check.
Prescription Drugs- In order to purchase drugs and pharmaceutical products you may require a valid prescription. In case there is no prescription, or, in case of any discrepancy observed, the order will be canceled immediately.
Invitation to offer for sale- The listing of drugs and other pharmaceutical products on the Website 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 Company (“Offer”). Post the Offer, the Company shall send an email to You with the information on the Offer and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken after the validation/ verification of the prescription (in case of Prescription Drugs) and the ascertainment of the available stock (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.
Transfer of Property and Completion of Sale- Upon acceptance of the Offer, 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, wherever required under the applicable law(s).
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. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded.
Drugs Delivery- The Pharmaceutical Drugs and Services shall be delivered by independent contractors. You accept and acknowledge that the courier/ delivery personnel, engaged by the Company, shall be User Agent of the delivery of the Pharmaceutical Drugs and Services, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.
Online Doctor Consultation- The Company is a facilitator of healthcare services that provides healthcare products and services to the Users. The words "Your Physician" or "Your Doctor" or "Healthcare Provider" or similar words on the Website, shall be interpreted and mean the User's personal doctor with whom the User has a doctor-patient relationship. The third party registered medical practitioners are not employees of the Company but merely providing medical consultation to You with Your consent. You agree and acknowledge that the third party registered medical practitioners are independent contractors and hence, the Company, in no event, shall be directly or vicariously liable for any advice or medical consultancy or any loss arising from the third party registered medical practitioners.
The e-prescription / prescription which may be issued by the registered medical practitioner(s), in certain events, may not be a valid prescription under applicable law(s) of India and may not be used for dispensation of medicines by any pharmacist.
The Company does not recommend any specific registered medical practitioner(s), tests, products, opinions or other information that may be mentioned in the Website. Reliance on any information provided on the Website is solely at Your own risk. You shall call Your nearest doctor/hospital or any related helpline in case of any medical emergency.
The Services are not for use in medical emergencies or for critical health situations and may not be the best solution where a face-to-face consultation is required. Hence, we discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website.
Further, it is Your responsibility for ensuring that the information submitted is accurate and the Company shall not make any effort to validate any information provided by You for using the Services with respect to content,
The opinions, statements, consultation via digital mode provided by the third party registered medical practitioners through the Website shall not reflect the opinions of the Company, its affiliates etc. The Company 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 the Company employees. The Company is not responsible for transmission errors, corruption of data.
Eligibility of Use
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation minors, un-discharged insolvents etc. are not eligible to use the Website. The Products shall also not be available to any Users suspended or removed from the company's system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the Products through the Website. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services provided by the Website, through Your legal guardian in accordance with the applicable laws.
Company reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years.
Company reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without any reasons for doing so and You shall have no right to object to the same.
You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
User Account, Password and Security
Company shall enable You to make the requisition of Products and Services available to You through the Website, only if You have provided Company certain required User information. The transaction and delivery of the Products may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms").
The Website may require You to register as a User by creating an Account in order to avail of the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Company of any unauthorized use of Your Account or Account Information or any other breach of security, and (b) ensure that You exit / log out from Your Account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4. You may be held liable for losses incurred by Company or any other User of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise.
The Website may also allow restricted access to the Website for unregistered Users.
You shall ensure that the Account Information provided by You in the Website's registration form is true, complete, accurate and up-to-date.
Use of another User's Account Information for availing the services offered by Company is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You.
You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions he/she makes using the Website. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/account details number for using the Website.
The Website uses temporary cookies to store certain data that is used by the Company 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, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies.
Pricing Information and Payment
Company strives to provide You with the best prices possible on the Products You require from the Website. The pricing details for purchase of Products from the Website are detailed under these Terms.
(b) You, as a User, understand that upon initiating a requisition on the Website that You are entering into a legally binding and enforceable contract to purchase the Products and /or Services on a cash on delivery basis or such the mode as may be specified by Company.
(c) You acknowledge that delivery of Products shall be made only if satisfactory documents and prescription is in compliance with applicable norms.
(e) Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach of any policy.
(f) The User and third-party acknowledge that Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of Company.
Subject to compliance with these Terms, Company grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and the services provided herein.
You agree to use the services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogs) that You access on the Website.
You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed herein.
If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
Engage in any activity that interferes with or disrupts access to the Website or the services (or the servers and networks which are connected to the Website);
Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website; Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; Violate any applicable laws or regulations for the time being in force within or outside India;
Violate the Terms including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
Company has no obligation to monitor such communications by You. However, the Company reserves the right to review materials posted by You and to remove any materials in its sole discretion. Company reserves the right to terminate the User's access to any or all of such communication services provided by Company at any time without notice for any reason whatsoever.
Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
You agree that You are solely responsible to Company for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach.
You agree that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
You agree and acknowledge that the exchanges between the third party registered medical practitioners and the You over telephone and the prescription/e-prescription would be accessible to the Company for the purposes of monitoring the quality of the consultation. The consultation provided by the third-party registered medical practitioner shall be done vide a secured recorded line.
Risks associated with Company's Services
The third party registered medical practitioners will not be examining You physically and may not have access to all or some of Your medical history that might be critical to consult You. The third party registered medical practitioners will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided are different from the diagnostic and treatment services typically decided by a physician. Therefore, the third party registered medical practitioners may not be aware of facts or information that would affect his or her opinion of Your diagnosis. Therefore, to reduce the risk of this limitation, the Company strongly encourages You to share your past medical history proactively, and also be in touch with an on-ground physician and share the Company's opinion with him/her.
You acknowledge and agree, by requesting a medical opinion through the Website, that -
the advice/information/opinion on diagnosis You may receive could be limited and provisional;
the medical opinion is not intended to replace a face-to-face visit with a physician, and, it does not replace an actual doctor-patient relationship;
in case of a second opinion where there is a difference of opinion among Our third party registered medical practitioners and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
in some events, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
in some cases, the third party registered medical practitioners may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
Use of Materials
Except as expressly indicated to the contrary in any applicable Additional Terms, Company hereby grants You a personal, non-exclusive, freely revocable (upon notice from Company), non-transferable access to view, download and print product catalogs or any other materials available on the Website, subject to the following condition:
You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms; You may not modify or alter Product catalogs or any other materials available on the Website;
You may not distribute or sell, rent, lease, license or otherwise make the Product catalogs or any other materials available on the Website available to others; and
You may not remove any text, copyright or other proprietary notices contained in the Product catalogs or any other materials available on the Website.
The rights granted to You in the Product catalogs or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Product catalogs or any other materials available on the Website shall not be copied or retransmitted unless expressly permitted by Company.
Any software that is available on the Website is the property of the Company or its third parties. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of Company.
Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandise or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandise purchased is not transferable to any third party for profit.
Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of the Company or their third parties or respective third parties. You are not permitted to use the Marks without the prior consent of the Company, the relevant third parties that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights to and into the trademark gent / www.gent.care, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.
Disclaimer Of Warranties & Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The website, services and other materials are provided by the Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the services shall create any warranty not expressly stated in the terms.
to the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
Company will not be liable for any loss that you may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Website or any services or materials, either with or without your knowledge. Company has endeavored to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. further, Company shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Company's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Company shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the Products are for information purpose only.
You expressly agree that Your use of the Website is at Your risk.
Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.
Notwithstanding anything to the contrary, Company's entire liability to You under this Terms or otherwise shall be the refund of the money charged from You for any specific voucher or Product or service, under which the unlikely liability arises.
In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
Violation of the Terms
You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.
You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.
The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.
Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with you if:
Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable; Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them.
If You or Company terminates Your use of the Website, Company may delete any content or other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.
These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.
In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to Company’s customer support team.
Company views protection of Your privacy as a very important principle.
You hereby expressly agree to receive communications from the Company by way of SMS, e-mails, phone calls relating to your order (e.g., for confirmation of your order, managing delivery logistics, etc.), and relating to the Products offered through the Website.
Notice: All notices of Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to email@example.com.
Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.
Privacy & Safety
gentcare (https://www.gent.care) is an internet and mobile application based platform (hereinafter referred to as "Website") operated by Thyone Technologies LLP (hereinafter to be referred to as "Company" or "we" or "our" or "us"), a company duly incorporated under the provisions of the Companies Act, 2013.
a. Section 43A of the Information Technology Act, 2000 ("IT Act");
b. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 ("SPDI Rules"); and
c. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 ("Intermediaries Guidelines").
2. INFORMATION COLLECTED AND MEANS OF COLLECTION
We collect the following information about you:
(a) Registration Information: When you register to use our Website, we collect your registration details including phone number, email address and name. We verify your phone number with the help of a one-time password sent to your phone number.
(b) Order Information: We may collect information necessary for us to process your order on the Website including, items you place in the cart, your postal address and specific payment information such as payment transaction details. However, we do not collect any bank account information, debit or credit information or any other payment instrument details.
(c) Usage Information: We may collect information about how you use our Website, your device and software including usage statistics, traffic data, including source of traffic, your IP address, browser, operating system type, domain names, login status, history of payment methods used, access times, locations, previous consultations, order status, previous orders and transactions including product pricing details, transaction information and payment and browsing history. Your usage of certain third-party services on our Website also requires us to collect such information as is considered necessary for that purpose.
(Registration Information, Order Information and Usage Information to be collectively referred to as "Personal Information")
(d) Diagnosis Information: We may collect information about the symptoms you are facing if you the fill questionnaire available on the Website or when you share the information with when you consult with a medical professional ("Doctor") through the Website. This may include information and sensitive personal data or information relating to your health condition including hair loss, metabolic data, weight and hygiene. Collection of diagnosis information may also include collection of sensitive personal data or information in the nature of physical, physiological health condition and sexual orientation.
(e) Consultation Information: We may further collect information related to the appointments you make on the Website, your health and wellness during your consultation with the Doctor. This may include sensitive personal data or information in the nature of medical records and history, in addition to physical, physiological and mental health condition and sexual orientation.
(f) Prescription and Medication: We store and process the prescription generated by the Doctor on the Website and use the same to process your order. We may store such prescription for our records for the duration permitted by applicable law.
(Diagnosis Information, Consultation Information and Prescription and Medication information to be collectively referred to as "SPDI")
The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person. The SPDI Rules further define sensitive personal data or information of a person as personal information about that person relating to:
(b) inancial information such as bank accounts, credit and debit card details or other payment instrument details;
(c) physical, physiological and mental health condition;
(d) sexual orientation;
(e) medical records and history;
(f) biometric information;
(g) any detail relating to the above clauses as provided to the body corporate for providing services; and
(h) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
You provide all information to us voluntarily. Collection, use and disclosure of Personal Information and SPDI requires your express consent. You are providing us with your consent to our use, collection and disclosure of the Personal Information and SPDI. You may choose to not provide us with Personal Information and SPDI, but in the event that you do so, we will be unable to provide you access to our Website or purchase Products or provide Services through our Website.
3. USE OF INFORMATION
We use your Information for the following purposes:
(a) To operate and improve the Website in order to foster a positive User experience and to improve our business as a whole;
(b) To process and deliver your order with us;
(c) To enable your access to our Website to purchase Products and provide you Services;
(d) To enable you to initiate and consultation with the Doctors;
(e) Analysing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines, etc.;
(g) For non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research or product development purposes;
(h) To comply with applicable law;
(i) To conduct audits and quality assessment procedures;
(j) To analyse the use of our resources, troubleshooting problems and improving our Products and Services, by using the information regarding your mobile device and software.
(k) Contacting Users, both during and after an order, for updates, resolution of queries, order details, consultations, follow-up consultations or offering new products or services;
(l) To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms, or as otherwise required by law;
(m) To respond to any queries that you may have, and to communicate information to you, including notifications of any promotions or alerts, any changes/updates to the Website, or the introduction of any future fees or charges that we may collect at the time for purchasing Products or provision of our Services to you; or
(n) To contact you, by way of SMS, email and phone calls, from time to time to record your valuable feedback on our Products and Services, as they currently stand, and/or any potential Products and Services that may be offered in the future.
(Collectively, the above constitute "the Purposes").
If you wish to opt out of receiving non-essential communications such as promotional and marketing-related information regarding our Products and Services, please email us at the details provided below in the contact section.
4. DISCLOSURE OF INFORMATION
We may disclose your Personal Information and SPDI, as the case may be, to third parties in the manner and for the purposes specified below.
(a) We may disclose your Personal Information and SPDI to Doctors for diagnostic, or therapeutic purposes or to otherwise track or improve our Products, Services or Business.;
(b) We may disclose your Personal Information to our logistics partners for processing of orders placed by you on the Website;
(c) We may disclose your Personal Information and SPDI to pharmacies, wherever applicable, for arranging dispatch of your order;
(d) We may disclose information to our partners, affiliates, investors, stakeholders or potential associates in an anonymized and aggregate manner, so that they too may understand how Users use our Website and enable us to create a better overall experience for you.
(e) We also share aggregated anonymous information about Users with our clients, partners, other Users, and other third parties so that they may be aware of the nature and number of Users, in order for them to be able to serve advertisements and other kinds of marketing information that may be relevant for you on our Website;
(f) We may disclose and transfer your Personal Information and SPDI to a third party who acquires, or may potentially acquire, our business, whether such acquisition is by way of a merger, consolidation or purchase of all or a substantial portion of our assets or investment in Us;
(g) We may transfer Personal Information and SPDI to a third party, including persons outside India, to improve our Products and Services; and
(h) We will disclose your Personal Information and SPDI if legally required to do so, pursuant to an order from a governmental entity or in good faith. We will disclose the Information to: (i) conform to legal requirements or comply with legal process; (ii) protect our rights or property or our affiliated companies; (iii) prevent a crime or national security; or (iv) protect personal safety of our Users or the public.
Transfer to third parties and outside India
Subject to applicable law, we may at our sole discretion, transfer Personal Information and SPDI to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by us under the terms hereof, located in India or any other country.
By using the Website, you accept the terms hereof and hereby consent to the storage and processing of Personal Information and SPDI by third parties and in any of location outside India. The Company will make best efforts to ensure that the third party or the location to which the SPDI is transferred affords same level of data protection as would be afforded under Indian law.
5. THIRD-PARTY LINKS
The Website may include hyperlinks to various external websites, and may also include advertisements, and hyperlinks to applications, content or resources ("Third Party Links"). We have no control over such Third Party Links present on the Website, which are provided by persons or companies other than us. You acknowledge and agree that we are not responsible for any collection or disclosure of your information by any external sites, applications, companies or persons thereof. The presence of any Third Party Links on our Website, cannot be construed as a recommendation, endorsement or solicitation for the same, or any other material on or available via such Third Party Links.
You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the collection and/or disclosure of your information via Third Party Links, as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products services, or other materials on, or available via such Third Party Links. This will include all transactions, and information transmitted therein, between you and any such third party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between you and the aforementioned third parties.
6. CHANGES TO YOUR INFORMATION
You may review, correct, update, change or delete your Personal Information relating to Registration Information and Order Information on the Website by writing to us at the contact details specified below. You can delete any part of the Personal Information or request us to delete the same, and we will comply with such requests within a reasonable time, unless we are required to keep certain information for legal purposes. You may update your SPDI at any point by writing to us at the details indicated below in the contact section.
Should you choose to delete your Personal Information or SPDI or modify it in a way that is not verifiable by us, or leads to such information being incorrect, we will be unable to provide you with access to our Website or our Services, as described under the Terms, and such a deletion or modification may be regarded as the User seeking to discontinue his or her access to our Website and Services.
We reserve the right to verify and authenticate your identity and your Personal Information in order to ensure accurate delivery of Products and Services. Access to or correction, updating or deletion of your Personal Information or SPDI may be denied or limited by us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
7. SECURITY AND RETENTION OF INFORMATION
Security of your information
We endeavour to maintain physical, technical and procedural safeguards that are appropriate to protect your Information against loss, misuse, copying, damage or modification and unauthorized access or disclosure. Some of the security measures adopted by us are:
(a) We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems; and
(b) We restrict access to Personal Information, to our employees and agents who need to know that information in order to process it for Us, and who are subject to strict contractual confidentiality obligations, and may be disciplined or whose relationship with us may terminate if they fail to meet these obligations.
No employee or administrator of the Company will have knowledge of your password of your account on the Website. It is important for you to protect against unauthorized access to your password and your mobile phone, as detailed in the 'User Account, Password and Security' section of the Terms. You must be sure to log off from the Website when you have finished use thereof. We do not undertake any liability for any unauthorised use of your account and password.
If you suspect any unauthorized use of your account, you must immediately notify us by sending an email to the contact details indicated in the contact section. You shall be liable to indemnify us due to any loss suffered by us due to such unauthorized use of your account or password.
Further, we shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond our reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the User, etc.
Retention of Information
(a) We also have measures in place such that your SPDI which is in our possession or under our control, is destroyed and/or anonymized as soon as it is reasonable to assume that: (i) the Purposes for which your SPDI has been collected have been fulfilled; and (ii) retention is no longer necessary for any other reason.
(b) We may, however, reserve the right to retain and store your Personal Information for our business purposes, whether such Personal Information has been deleted or not. After a period of time, your data may be anonymized and aggregated and then may be held by us as long as necessary, to enable purchases of Products and provision of Services or for analytics purposes.
If you wish to withdraw your consent for processing your Personal Information and SPDI, cancel your account, or request that we no longer use your Personal Information and SPDI to deliver our Products or provide you Services, please contact us at details indicated in the contact section below. Please note, however, that your withdrawal of consent or cancellation of account may result in us not being able to deliver you Products or provide you with our Services, or terminate any existing relationship that we may have with you.
Please note that uninstalling our mobile application will not result in deletion of your Personal Information or SPDI.
8. COOKIES AND OTHER TRACKING TECHNOLOGIES
We utilize "cookies" and other tracking technologies, having session or local variables. A "cookie" is a small text file that may be used, for example, to collect information about activity on the Website. Some cookies and other technologies may serve to recall information previously indicated by a User. Most browsers/mobile settings allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers/mobile application to notify you if you receive a cookie, or you may choose to block cookies with your browser/mobile applications.
At all times, you may refuse all cookies on your browser or mobile application by changing your settings to the extent permissible on your device. However, by doing so, you may not be able to use certain features on the Website or take full advantage of all the offerings and interest-based advertising. You can remove cookies by following directions provided in your mobile's "help" file or the browser.
9. CHANGES TO THE POLICY
(b) Indemnity: You agree and undertake to indemnify us in any suit or dispute by any third party arising out of disclosure of information by you to third parties either through our Website or otherwise and your use and access of websites, applications, and resources of third parties. We assume no liability for any actions of third parties with regard to your Personal Information or SPDI which you may have disclosed to such third parties.
11. CONTACT OUR GRIEVANCE OFFICER
In accordance with the IT Act and the SPDI Rules, the name and contact details of the Grievance Officer are provided below:
Name: Rahul Patel
Address: Official Address, B13/203, Chitranjan Nagar, Ghatkopar East, B, Rajawadi Chs Ltd, Mumbai, Mumbai, Maharashtra, 400077
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