We, at Davamall Pharmacy (“Davamall“, “we,” “us”), provide services to all individuals accessing or using our retail stores or Davamall website or mobile app (“Davamall Platform“) for any reason (“you”, “yours”, “User”), subject to the notices, terms, and conditions set forth in these terms and conditions (“Terms and Conditions”, “Agreement”). The Davamall Platform is owned and operated by Davamall, a company duly incorporated under the provisions of the Companies Act, 2013. By accessing or browsing the Davamall Platform and using the Services (as defined below), you indicate your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, you may discontinue access or use of the Davamall.
1. ELIGIBILITY
1a. To use the Davamall Platform, you must be at least 18 years old or accessing the Davamall Platform under the supervision of a parent or guardian, who, in such a case, will be deemed as the recipient/end-user of the Services (as defined in these Terms and Conditions) for the purpose of this Agreement.
1b. If you are below 18 years old, your parents or legal guardians can transact on your behalf if they are registered users. You are prohibited from purchasing any material for consumption by adults only, the sale or purchase of which to/by minors is prohibited.
1c. You must be legally competent to contract and otherwise competent to receive the Services (as defined in these Terms and Conditions). 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 Davamall Platform.
1d. You must not have been previously suspended or removed by Davamall or disqualified for any other reason from availing the Services.
1e. Davamall reserves the right to terminate your membership, if any, and/or refuse to provide you with access to the Davamall Platform if Davamall discovers that you are under 18 years old.
1f. These Terms and Conditions are published in compliance with, and are governed by, the provisions of Indian laws, including but not limited to:
- The Indian Contract Act, 1872;
- 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, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011;
- The Drugs and Cosmetic Act, 1940, read with the Drugs and Cosmetics Rules, 1945;
- The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954;
- The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
- Pharmacy Act, 1948; and
- The Consumer Protection Act, 2019, and Consumer Protection (E-Commerce) Rules, 2020.
2. OUR SERVICES
Through the Davamall Platform, we provide you with the following services (“Services”):
a. Display, advertisement, sale, and delivery of medicines including over-the-counter drugs, other pharmaceutical products, and certain fast-moving consumer goods including cosmetics, food products, private label products, and medical devices (“Products”); and
b. Any other service that is made available on the Platform from time to time. The sale and purchase of Products on the Davamall Platform are solely undertaken by Davamall and no other entity. By transacting on the Davamall Platform in respect of any Products [or Services], you agree to be bound by these Terms and Conditions and are entitled to enforce any and all available remedies, under contract or law, only against Davamall. You further agree and acknowledge that the Products being purchased by you are being sold and fulfilled only by Davamall.
3. YOUR USE OF THE Davamall PLATFORM
3.1. By using the Davamall Platform, you expressly agree to be bound by the Terms and Conditions. If you do not agree with any of the Terms and Conditions, please do not use the Davamall Platform. Any accessing, browsing, or otherwise using the Davamall Platform indicates your agreement to these Terms and Conditions and any other policies or guidelines that may be applicable on the Davamall Platform at the time of your access and usage of the Davamall Platform and which may be updated from time to time.
3.2. These Terms and Conditions document is an electronic record in terms of the Information Technology Act, 2000, and rules made thereunder as may be 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.
3.3. YOUR USE OF THE Davamall PLATFORM
3.3.1. Due Diligence Conditions: a. You are solely responsible for the medical, health, and personal information you provide on the Davamall Platform, and you are requested to use your discretion in providing such information.
b. You will provide accurate and complete information everywhere on the Davamall Platform, based on which you will receive the Services.
c. You will be solely responsible for all access to and use of this Davamall Platform by anyone using the password and identification originally assigned to you, whether or not such access to and use of this Davamall Platform is actually authorized by you, including without limitation, all communications and transmissions and all incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
d. The information provided by you may be used by us for the purpose of Services including analysis, research, training, and disclosure (where required) to our affiliates, group companies, vendors, agents, and government authorities, etc. as stated in our Privacy Policy.
e. We reserve the right to refuse service or terminate accounts at our discretion if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions.
3.3.2. Scope of Services: a. Davamall sells products in various categories such as medicines, medical devices, vitamins and supplements, baby food, personal care, health foods, and over-the-counter drugs, to end customers. Davamall does not sell any drugs listed in Schedule X of the Drugs and Cosmetics Act, 1940, on the Davamall Platform.
b. Davamall engages in retail sale to end customers through both offline and online channels, i.e., through its outlets/physical stores as well as its Davamall Platform. The Davamall Platform will display the inventory of products available in Davamall stores, based on the pin code entered by you on the Davamall Platform.
3.3.3. Prohibitions: a. You may view and access the content available on the Davamall Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Davamall Platform or any portion of it unless expressly permitted by Davamall in writing.
b. You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by Davamall.
c. You may not make any commercial use of any of the information provided on the Davamall Platform.
d. You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age, or affiliation with any person or entity.
e. You may not upload any content prohibited under applicable law, and/or designated as “Prohibited Content” under Section 5 below.
f. You may not resell any Products purchased from Davamall stores or the Davamall Platform.
3.3.4. Delivery and Charges Policy: a. Davamall endeavors to carry out deliveries during and within such time period as communicated on our Davamall Platform and various communication channels. Our services are offered on a best effort basis, and as such, we do not provide any guarantee of the exact delivery time, which despite all our efforts, may vary from order to order, due to certain factors including but not limited to operational disruptions owing to a shortage of products and manpower, strikes, lockouts, official control measures, inevitable delays by our suppliers, rider unavailability, public holidays, product unavailability/shortage, date of delivery, time of delivery, area of delivery, distance from the hub, customer demand, traffic, sudden breakdown of delivery vehicle, weather conditions, force majeure events specified below and/or any other unforeseen reasons beyond our control.
b. Davamall does not guarantee to deliver your order within a period of two hours, and delivery within the said timeline is subject to the aforementioned multiple factors, as laid out in the present Terms and Conditions, to be read in entirety.
Certainly! Continuing from where we left off:
c. Davamall shall endeavor to deliver the order at the delivery address as provided to us while placing the order on our platform. However, any interruption or disruption caused in delivery due to any incorrect details provided to us on the Davamall Platform shall not be our responsibility, and any resultant losses/damages caused shall be your sole responsibility and will not be attributable to us in any manner whatsoever.
d. Notwithstanding your request to leave your order at your doorstep or elsewhere, such request cannot be complied with and Davamall shall not be responsible to deliver your order if no one is available to receive the same at the delivery address, inasmuch as it could lead to theft, tampering, spoilage, contamination, etc. Davamall shall not be liable for non-delivery or any losses/damages arising from the same in the given case scenario, and any losses/damages caused by such circumstances shall be solely borne by you.
e. You shall undertake to provide accurate directions, information, and authorizations to accept delivery of your order. Due to your failure to comply with the same, if the order stands undelivered, the order shall be deemed to have been delivered to you and all the risks and responsibilities in relation thereto shall pass on to you.
f. As part of Davamall’s best endeavor to deliver all orders within the promised delivery timeline, our rider may connect with you via mobile or internet call to identify the exact location of delivery. However, in the event you do not pick up the call or the call on the given number does not get connected at the first instance, for any reason whatsoever, the promised delivery timeline shall stand no longer applicable, without prejudice to the fact that the promised time is only an approximate measure of delivery time.
g. The delivery charges associated with each of your purchases will be displayed on the checkout page once you place an order on the Davamall Platform. Any other applicable charges will also be displayed at the time of purchase and will be payable accordingly.
h. Cash on Delivery (“COD”) is a payment method by which you can pay for your ordered item(s) in cash when Davamall delivers the orders to you at your delivery address.
i. If you do not own a credit or debit card or do not wish to pay online, rather than making any advance online payment, Davamall COD option gives you the flexibility to pay the complete order amount on delivery through a point-of-service terminal or through cash as the case may be.
j. In the event you choose to pay for your order via COD mode, the riders shall have the right to refuse delivery of your order if you fail to make the complete payment at the time of delivery. In that case, Davamall shall not be liable for any losses or damage arising from non-delivery of the order, and the same shall be your sole responsibility.
3.3.5. International Delivery: International delivery is not available currently. You can access the website to order items while being located anywhere in the world, but the shipping address has to be in India.
3.3.6. Additional Information: a. Davamall shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product unless the product has already been dispatched; and
b. You will compensate Davamall for any extra cost incurred for redelivery in the event of non-delivery in the first instance on account of a mistake by you (i.e., wrong name or address or any other wrong information).
3.3.7. Medicine Delivery Policy: a. Valid prescription from a doctor is mandatory for all medicine orders, apart from when the law permits dispatch of medicine without a prescription. You may be requested to upload a scanned copy of the prescription on the Davamall Platform;
b. You agree that the prescription uploaded by you will be examined by a registered pharmacist where applicable or necessary under law, and your order shall be considered confirmed only after the prescription is accepted by the Pharmacist;
c. You agree and consent to the particulars of your prescription will be recorded by Davamall in accordance with its obligations under applicable laws;
d. You may be required to display the prescription, whether offline or online, for the purpose of record-keeping by Davamall, at the time of picking up medicines or accepting delivery of medicines through an online order; and
e. Davamall will have the right to reject (either fully or partially) your Order, in case it is found that the prescription shared by you is not as per the relevant applicable statutory requirements and the same shall be informed to you through various communication channels.
4. PROHIBITED CONTENT
a. You shall not upload to, distribute, or otherwise publish through the Davamall Platform, the following Prohibited Content, which includes any content, information, or other material that:
b. belongs to another person and which you do not own the rights to;
c. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting, or harassing on the basis of gender, libelous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
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d. is hateful, racially or ethnically objectionable, disparaging of any person; e. relates to or seems to encourage money laundering or gambling, f. harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; g. violates any law in India for the time being in force; h. deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; i. communicates any information which is grossly offensive or menacing in nature; j. impersonates another person; k. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order; l. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; m. incites any offence or prevents investigation of any offence or insults any other nation; n. is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of AHEL or any other Apollo group company or affiliate who you may interact with for availing Services; and o. is not relating to the medical consultation or relating to any of the Services you avail from us.
You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and/or immediately terminate your access to the Services and/or to the Davamall Platform.
5. INDEMNITY
a. By using the Davamall Platform and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold Davamall, its affiliates, and any Apollo group companies, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges, and expenses, including reasonable attorney fees, that the concerned indemnified persons may suffer on account of:
b. Your breach of these Terms; c. Your use of the Davamall Platform and/or the Service; d. Incorrect or inaccurate credit/debit card details provided by you; e. You using a credit/debit card which is not lawfully owned by you; f. You permitting a third party to use your password or other means to access your account; g. Your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the Davamall Platform and/or the Service; h. You providing a false, forged, unauthorized, or manipulated prescription; and i. Any action taken by Davamall as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.
6. LIMITATION OF LIABILITY
By using our Services, you confirm that you understand and agree to the following:
a. To the extent permitted by applicable law, davamall or its affiliates or any Apollo group companies will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:
(i) these Terms and Conditions and Privacy Policy;
(ii) your use or inability to use the davamall Platform; and
(iii) your use of any third-party services you contacted through the davamall Platform.
b. davamall does not warrant that the davamall Platform or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delays, omissions, interruptions, and/or inaccuracies in materials or Service available through the davamall Platform.
c. Although davamall takes reasonable steps to prevent the introduction of viruses, worms, or other malicious code to the davamall Platform, davamall does not represent or warrant that the davamall Platform, or the Service or Products or materials that may be made available through the davamall Platform are free from such destructive features. davamall is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
d. To the extent permitted by law, davamall shall not be liable to you or to any third party for any direct, incidental, indirect, special, or consequential losses, damages whatsoever (including, but not limited to, lost profits, revenue, contracts, anticipated savings, goodwill or wasted expenditure, business interruption, loss of programs or other data on your information system or any other indirect or consequential loss), even if davamall has been advised, knew, or should have known of the possibility of such damages, arising out of or related to:
(i) your use of or reliance on the davamall Platform, any information, hyperlinks, or content contained therein, or Services included on or otherwise made available to you through the davamall Platform;
(ii) your provision of information, personal or otherwise, to davamall;
(iii) the provision of Services by davamall;
(iv) acts or negligence on the part of davamall, its agents, or employees; and
(v) Errors, delays, or deficiencies in services or theft or damage of Products, attributable to third parties who assist davamall such as delivery partners.
e. To the fullest extent permitted by law, davamall disclaims and excludes all warranties and representations, express, implied, or statutory, with respect to the davamall platform or davamall’s services, or with respect to the accuracy, currency, or completeness of the information provided by davamall, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark, or other intellectual property right. The davamall platform, including, without limitation, all content, information, and links contained therein, is provided “as-is” without any warranty that it will be uninterrupted or error-free. You expressly agree that your use of this davamall platform is at your sole risk.
f. Notwithstanding anything herein to the contrary, davamall’s aggregate liability (whether in contract, tort, or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the davamall Platform, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) or Services in respect of one incident or series of incidents attributable to the same cause.
g. davamall reserves the right to refuse Service, terminate accounts, remove or edit content, or cancel orders anytime at their sole discretion.
h. No claims or action arising out of, or related to, the use of the davamall Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
i. We have selected the Products on the basis that they will be used for personal use only. If you are planning to use them for business purposes, you are advised to make sure that you are covered by a proper insurance plan. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In relation to business users, we do not accept liability for the fitness of Products for business purposes, nor do we accept liability for loss of use of the Product, nor any loss over and above the cost of the Products in the event of a claim for breach of warranty or condition.
DATA & INFORMATION POLICY
We respect your right to privacy regarding any personal information provided to us for the purpose of availing our Services. To understand how we collect and use your personal information, please refer to our Privacy Policy.
INTELLECTUAL PROPERTY AND OWNERSHIP
You acknowledge and agree that all copyright, registered trademarks, and other intellectual property rights on all materials or contents provided as part of the davamall Platform belong to us at all times or to those who grant us the license for their use. You are permitted to use this material and/or content only as expressly authorized by our licensors or us. No use of these may be made without the prior written authorization of davamall. All Product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to davamall unless otherwise noted. The Marks on the davamall Platform are variously protected by the laws of India. Use of any of these Marks may not be made without the prior written consent of davamall, except for the sole purpose of identifying the Products or Services originating from davamall. You acknowledge and agree that the material and content shown on the davamall Platform is made available for your personal non-commercial use only and that you may download such material and content only for the purpose of using this davamall Platform. You further acknowledge that any other use of the material and content of the davamall Platform is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. The davamall Platform may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information (“User Content”) on the davamall Platform. You warrant that any such User Content submitted by you to the davamall Platform is original (and does not infringe the copyright of others), and you hereby grant davamall a perpetual, irrevocable, non-exclusive, royalty-free license to use such User Content so submitted, without any further recourse to you, and you hereby waive all rights in such User Content. davamall has the right but not the obligation to monitor and edit or remove any activity or User Content and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.
OTHER CONDITIONS
Please note that your payments are processed in accordance with applicable law, and you may refer to our Payments and Refund Policy for details. By using our Services, you further confirm that you understand and agree to the following:
a. That you will use the services provided by davamall, its affiliates, consultants, and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the davamall Platform and transacting on the davamall Platform.
b. You will provide true, accurate, complete, and current information in all instances where such information is requested of you. davamall reserves the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation, your details are found not to be true (wholly or partly), davamall has the right, in its sole discretion, to reject the registration and debar you from using the Services of davamall and/or other affiliated websites without prior intimation whatsoever.
c. That you will use your best and prudent judgment before entering into any transaction through this davamall Platform, doing so at your sole risk.
davamall reserves the right to transfer, assign, or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract, to any third party. If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other Terms shall not be affected. These Terms do not create or confer any rights or benefits enforceable by any person that is not a party. No delay or failure by davamall to exercise any powers, rights, or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights, or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of davamall. These Terms including the documents or other sources referred to in these Terms supersede all prior representations, understandings, and agreements between you and davamall relating to the use of the davamall Platform (including the use of Services and/or order of Products) and set forth the entire agreement and understanding between you and davamall for your use of the davamall Platform. When you visit the davamall Platform or send an email to us, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by email or by posting notices on the davamall Platform. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
THIRD PARTY LINKS AND RESOURCES
Where the davamall Platform contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third-party sites), these links are provided for your information only/merely as a convenience. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any links to such linked Internet sites should in no way be construed as an endorsement, representation, or promotion by davamall as to the content, representation, accuracy, products, or services found or otherwise described on such linked Internet sites. Use of those linked Internet sites/links is done at your own risk and cost. You will be bound by the privacy policy and terms of use of the respective website when you navigate away from the davamall Platform to any such website.
AMENDMENTS
We may from time to time update or revise these Terms and Conditions. Every time you wish to use the davamall Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time.
EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract, including any delay or failure to deliver Products when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including, among others, the following:
a. Strike, lockout, or other forms of protest;
b. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
c. Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster;
d. Inability to use public or private transportation and telecommunication systems; and
e. Acts, decrees, legislation, regulations, or restrictions of any government or public authority including any judicial determination.
Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.
TERMINATION
a. We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules, and regulations or these Terms and Conditions; and
b. For a change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely and/or provide Services under revised Terms and Conditions.
APPLICABLE LEGISLATION AND JURISDICTION
The use of our davamall Platform and the contract between you and davamall shall be governed by the laws applicable in India, without regard to the conflict of law rules. Any dispute relating to the use of our Services will be only resolved exclusively in the Courts at Patna, Bihar, India, but not in any other Court.
CONTACT US
If you have any comments, queries, or grievances regarding the Services, Terms and Conditions, and Privacy Policy, you may contact our Grievance Officer at info@davamall.com or visit our main branch office at Govind Mitra Road, Patna. Please note that upon lodging a complaint, a ticket number shall be given to you by which you may track the status of your complaint.