FOR ONLINE PAYMENTS
The Terms and Conditions contained herein shall apply to any person (“User”) using the services of Charak Pharma for making product/service purchase payments through an online mode through payment gateway. Charak Pharma’s website i.e. www.charak.com. Each User is therefore deemed to have read and accepted these Terms and Conditions.
- Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may either register on Charak Pharma’s website or alternatively enter consumers email id / website id, whatever is applicable and then select products and follow easy purchase steps or in any other manner as may be specified by Charak Pharma from time to time.
- Charak Pharma’s rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of Charak Pharma’s right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by Charak Pharma with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Charak Pharma.
- If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
- These Terms and Conditions constitute the entire agreement between the User and Charak Pharma. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Charak Pharma. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- The entries in the books of Charak Pharma and/or the Payment Service Providers kept in the ordinary course of business of Charak Pharma and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
Refund And Cancellation :
Any defect or complaints can be referred to the company’s customer care cell at +91 22 333016734 or can be emailed to us at firstname.lastname@example.org. The customer’s complaints will be redressed as soon as possible. The customer may return the product within 7 days’ of receipt in case of any defect by raising a complaint and returning the product on ‘freight to pay’ basis. When returning goods, please quote the – order number, your name, name of the product and the reason why you are returning the goods. The company will refund the money net off freight paid by it on such returns. For all orders which could not be executed the amount collected would be refunded after deducting the shipping and handling charges.
Returns are not possible in the following cases:
- Used products
- Return request is made outside the specified time frame.
- Products with tampered or missing serial numbers, including price tags & labels.
Refund For Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach Charak Pharma’s customer care cell at +91 22333016734 or can be emailed to us at email@example.com with his/ her claim details and claim refund from Charak Pharma alone. Such refund (if any) shall be effected only by Charak Pharma via payment gateway or by means of a demand draft or such other means as Charak Pharma deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
- In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider’s accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
- Refund for fraudulent/duplicate transaction(s): The User shall directly contact Charak Pharma for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by Charak Pharma alone in line with their policies and rules. Any disclosure of OTP or any other confidential PINS to Third Party then Charak Pharma shall not be responsible for such in appropriate transactions done by third parties.
- Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment,, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
(i) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact Charak Pharma via e-mail or any other mode of contact as provided by Charak Pharma to confirm payment.
(ii)In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
(iii)In case the Bank Account appears to be debited, but not credited to Charak Pharma’s account, the User must query the bank and not Charak Pharma. Charak pharma in such situations can try to hold the processing of the orders/services once informed by the User within specific time.
However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider. No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
Limitation of Liability
- Charak Pharma has made this Service available to the User as a matter of convenience. Charak Pharma expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that Charak Pharma reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
- Charak Pharma and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the Charak Pharma and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
- Charak Pharma and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
(i) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
(ii) any interruption or errors in the operation of the Payment Gateway.
- The User shall indemnify and hold harmless the Payment Service Provider(s) and Charak Pharma and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
- The User agrees that Charak Pharma or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Charak Pharma’s reasonable control.
Miscellaneous Conditions :
- Any waiver of any rights available to Charak Pharma under these Terms and Conditions shall not mean that those rights are automatically waived.
- The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Charak Pharma or the Payment Service Provider(s) have no control over such matters.
- Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, Charak Pharma does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
- Charak Pharma, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
- The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by Charak Pharma on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
- Choose a new password, whenever required for security reasons.
- Keep his/ her User ID & Password strictly confidential.
- Be responsible for any transactions made by User under such User ID and Password.
The User is hereby informed that Charak Pharma will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her Charak Pharma account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.
Debit/Credit Card, Bank Account Details
- The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card
- The User may pay his/ her purchase payment to Charak Pharma by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
- The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
- The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
- The User is authorizing debit of the nominated card/ bank account for the payment of products or services selected by such User along with the applicable Fees.
- The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable
- The User agrees that, to the extent required or permitted by law, Charak Pharma and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal
- The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to Charak Pharma. The User agrees to be contacted via e-mail on such mails initiated by him/
- The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.
Payment Gateway Disclaimer
The Service is provided in order to facilitate access to view and pay for products and services offered online. Charak Pharma or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
GENERAL TERMS AND CONDITIONS
Use of Personal Information
This Website is owned and controlled by Charak Pharma Pvt. Ltd. and we at Charak Pharma (“we”/”us”/”our”) respect your privacy and always endeavor to take due care with respect to the confidentiality of personal information shared by you on our Website.
As part of the registration process on the Website, WRL may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, postal code, demographic profile (like your age, gender, occupation, education, address, etc.) and information about the pages on the Website you visit/access, the links you click on the Website, the number of times you access the Website and any such browsing information.
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. below18 years of age but at least 13 years of age you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited under applicable laws. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.
We permit you a limited access and personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This permission does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You specifically agree that you shall not reproduce, duplicate, copy, sell, resell, visit, and/or otherwise exploit for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of Charak Pharma and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the www.charak.com or Charak Pharma’s name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us.
Account & Registration Obligations
All customers have to register and login for placing orders on the Website. You have to keep your account and registration details current and correct for communications related to your purchases from the Website. By agreeing to the terms and conditions, the customer agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in “My Account” or by contacting the customer service.
All the products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery
Cancellation by Website / Customer
You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders with/without providing any notification to the Customer. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
Return & Exchange
Please refer to our Shipping and Returns policy.
You Agree and Confirm
- That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from you.
- That you will use the services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.
- You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the services and / or other affiliated websites without prior intimation whatsoever.
- That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
- That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
You agree that you shall not use the Website for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Website.
- Breaching any applicable laws;
- Interfering or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright or other Intellectual Property Rights without the permission of the owner.
- Deceive or mislead and/or provide any contact information which is incorrect or communicate any information which is grossly offensive or menacing in nature,
- Impersonate any person.
We endeavour to make every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Modification of Terms & Conditions of Service/ User Agreement
We may at any time modify the Terms & Conditions of Use/ User Agreement without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Website. You should regularly review the Terms & Conditions on the Website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using this Website. However, if you continue to use the Website you shall be deemed to have agreed to accept and abide by the modified Terms of the User Agreement.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by us and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of Mumbai alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments, or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. We do not regularly review posted Comments but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant to us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
We, our suppliers and licensors expressly reserve all intellectual property rights including but not limited to copyrights, trademarks, design rights etc. in all text, programs, products, processes, technology, content and other materials, which appear on the Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license to use any of our or any third party’s intellectual property rights. All rights, including copyright, in and to the Website are owned by us.
Any use of this website including but not limited to its contents, by way of copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our express permission. You agree, understand and undertake that nothing contained herein grants in your favour any right to modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Charak Pharma, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely for the purpose of convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and do not make any representations regarding the content or accuracy of material on such Website. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Charak Pharma or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website, is strictly prohibited. Unless otherwise noted, all Contents including the copyrights, trademarks, trade dress and/or other intellectual property on the Website are owned, controlled or licensed by us, one of its affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is our exclusive property and is also protected by Indian and international copyright laws.
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law. You agree to understand and acknowledge that we and our affiliates shall not assume any liability for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless the Website and Charak Pharma its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or in actions, which may result in any loss or liability to the Website or us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
When you use the Website or communicate with us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
- We reserve the right to impose limits on the number of transactions or transaction price which we may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual customer during any time period, and reserve the right to refuse to process transactions exceeding such limit.
- We reserve the right to refuse to process transactions by customers with a prior history of questionable charges including without limitation breach of this Agreement by customer or breach/violation of any law or any charges imposed by issuing Bank or breach of any policy.
- We may delay notifying the payment confirmation i.e. informing seller to dispatch if we deem suspicious or for buyers conducting high transaction volumes to ensure the safety of the transaction and transaction price.
It is agreed and understood by you that all contents of the Website are offered on an “as is” basis without any warranty whatsoever either express or implied by us. You further understand and acknowledge that we make no representations and/or warranties, express or implied, including without limitation originality, purity and freshness for a particular purpose. You understand that we disclaim all warranties, express or implied, you agree and acknowledge that by using this Website, you agree and understand that your use of this Website is and shall be solely at your own risk. We do not, directly or indirectly guarantee you that the functions of this Website will be uninterrupted and/or error- free.
Limitation of Liability
You agree, understand and acknowledge that neither we nor any of our affiliates, employees, directors, officers, agents shall be liable/ deemed to be liable to you or to any other person for any direct, indirect, special, incidental or consequential damages of any nature arising out of or in connection with the use of and/or inability to use the Website including but not limited to damages that may be occasioned to you for reasons of loss of data, accuracy of results or computer failure or malfunction. Subject to the foregoing, you specifically agree, understand and acknowledge that in no event will we be liable for any damages in excess of the fees paid by you in connection with your use of the Website.
This User Agreement shall remain in effect unless and until terminated by us. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, Such termination will be without any liability to us. Upon any termination of the User Agreement by us, you must promptly destroy all materials downloaded or otherwise obtained from this Website as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any comments/ information shared by you shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.