Terms & Conditions

These Terms of Use together with the applicable policies which are incorporated herein by way of reference (“these Terms”) govern the access or use of the website https://www.vigyanveda.com/ (“the Website”). The Website is an online service owned, operated and managed byXorptechLifescience Private Limited ('XorptechLifescience' or 'we' or 'us'). The Website is available for You together with all the content, tools, facilities, and services made available through the Website (collectively “the Service”). Therefore, please read these Terms very carefully.

By clicking the box indicating acceptance of these Terms, you are indicating that you have read and understood these Terms and agree that these Terms constitute a legal and binding agreement between the User (“You”, “User”, “Patient”, or “Yours”) andXorptechLifescience Private Limited , 8th Floor-813, I square, Nr. Shukan Mall Cross Road, Science City Road, Sola Ahmedabad Gujarat-380060 (“XorptechLifescience”, “We”, “Us” or “Our”).

If You do not understand the Terms or if these Terms or any part of these Terms is not acceptable to You, please do not access or use the Service or any part thereof. In these Terms, “You” / “Yours” / “Yourself” denotes the natural person who accesses/uses the Service or any part thereof.

We reserve the right to update or modify these Terms at any time in our sole discretion without any prior notice to You. If we update or modify these Terms, we will post the revised version of these Terms on the Website and such revision shall become effective immediately on such posting. It is Your responsibility to review these Terms periodically for updates/modifications. Your continued access or use of any of the Service after any revision becomes effective shall be deemed to constitute your acceptance and agreement to be bound by the revised Terms.

In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website or the application ‘vigyanveda.com’.

Ownership and Intellectual Property Rights:

We own all copyright, trademarks, domain names and other intellectual property rights in or related to the Service and all its various components. Except for Your personal data and information, all information, content, and material contained on the Website and/or Service is our intellectual property. No information, content or material from any part of the Service may be copied, reproduced, republished, uploaded, recorded, posted, transmitted or distributed in any way (including by using any automated programs, software, or any other method of screen scraping), except for Your personal and non-commercial use, without Our express written permission.

General Terms of Use:


Eligibility & Registration:

1. The access/use of the Service is meant only for persons who are competent to contract as per Indian law. If You are not ‘competent to contract’ as per Indian law (i.e. if You have not attained the age of majority according to the law to which You are subject, if You are not of sound mind or if You are disqualified from contracting by any law to which You are subject or any other provision as per Contract Law), You should not register or access/use the Service or any part thereof. If the law applicable to You does not allow You to receive the Services in Your territory, you should not use this service. If You are the parent/legal guardian/authorized person acting on behalf of a patient, You should disclose the same to us and by registering with us or accessing/using the Service on behalf of Your ward, You affirm that You have the full and proper authority to represent the patient and accept these Terms on his/her behalf.

2. Once You successfully log in to the Website, you have to provide certain information about Yourself as requested when You attempt to register with Us and start using the Service. You may be required to authenticate Your identity using a one-time password (“OTP”) as a confirmation code, which will be transmitted to Your mobile number provided to us when You seek to register with Us through the short message service (“SMS”). If You cannot provide the OTP when required to do so or the authentication through the OTP fails, you may not be able to register with Us and/or avail of the Service. However, you may still be able to access and use the Service always subject to these Terms.

3. When You register with Us and/or access or use the Service, You confirm that You have provided accurate, current and complete information about Yourself and that You will keep all such information current, complete and accurate at all times for as long as You use the Service. All the data and information that You provide or that is collected from Your access/use of the Service shall be treated and protected in accordance with our Privacy Policy https://vigyanveda.com/privacy-policy.html which is deemed a part of these Terms.

4. Your registration with Us and/or Your right to access the Service is personal to You and You may not transfer this to anyone else. You may not use anyone else’s account at any time. You will be solely responsible for any and all activities that occur under Your account with Us and We will not be liable for any loss or damage that may occur as a result of someone else using the Service through Your account with Us or obtaining Your personal information by any device or system, either with or without Your knowledge. If You become aware of any unauthorized use of Your account with Us, please notify Us by writing to “care@vigyanveda.com” with the title “Unauthorized Use of Account” and We will initiate action to stop further access under the said account.

5. We reserve the right to terminate Your registration and / or refuse to register You or to provide You with access to the Service, without notice, if We have reasonable cause to believe that You are in violation of or are likely to violate these Terms.

Promotional Communications

"We may also send you other information about us, the Website, our other websites, products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the "unsubscribe" link in any email that we send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction, we will cease to send you information as requested. In case of any clarity, you can contact our Customer support service".

Grant of License & Reservation of Rights:

1. We grant You a non-exclusive, personal, non-transferable, revocable, right and license, subject always to these Terms to access/use the Service solely for Your personal, non-commercial use.

2. Except for the limited rights and licenses granted to You by these Terms, all rights in the Service (including all intellectual property rights therein or underlying the same, including in the Website and the App) are reserved by Us.

3. You do hereby grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights You have in Your information, in any media now known or not currently known, with respect to Your information to enable Us to use the information for the purpose of providing the Services.

Nature of Service & Limitations:

1. No doctor-patient relationship between Us and the User.

2. We do not provide medical consultation. We provide a platform to place orders for medicine on Our Website (“Products”).

3. Any products or services that we are providing is prepared after consulting with a team of Ayurvedic experts.

4. To enrich and improve Your experience, qualified ayurvedic consultants designed the questionnaires that help to indicate the treatment that can be followed. Please note that it is not medical advice.

5. Ayurvedic practitioners have signed/accepted contracts with Us and represented to Us that they are duly qualified to practice and sell medicine in India and are enrolled on the medical register in one of the states in India. While We make reasonable inquiries to confirm the veracity of this representation made to Us by the Ayurvedic Practitioners, We shall not be responsible for any misrepresentation or fraud in this regard.

6. The use of the Products or Services does not create a doctor/patient relationship between You and Us, nor is it for any kind of medical emergencies or for life-threatening conditions or for when you need acute care.

7. You should continue to consult with Your physician and any other health care professionals as needed / recommended. You should seek emergency help or follow-up care when recommended by your Medical Practitioner or when You are of the opinion that such help or care is prudent in Your sole opinion.

No Diagnostic / Medical / Clinical Tests or Service:

1. We do not provide diagnostic or medical or clinical test Services. We may provide you the third party diagnostic laboratories on request. The medical/clinical test or diagnostic Services are provided to You directly by the concerned laboratories or centers. We make no representations or claims, including as to the accuracy or quality, of the tests or results obtained by You from diagnostic laboratories/centers and shall not be responsible or liable for any defect or deficiency in the Services provided to You by a diagnostic laboratory/center.

2. Diagnostic laboratories/centers we will provide you are duly certified/licensed and have the necessary equipment, qualified personnel, experience and expertise to provide their Services to You in India. While We make reasonable inquiries to confirm the veracity of this representation made to Us by the diagnostic laboratories/centers, We shall not be responsible for any misrepresentation or fraud in this regard.

Use of Service:

1. To use the Service hassle-free, you should be 18+.

2. You should belong to the same state from where we are operating to take the maximum benefit out of service.

3. You agree to have a legal and binding agreement with us and ready to comply with our terms of use.

4. You agree to use the only in accordance with these Terms and all applicable laws. You may not use the Service in any manner that could damage, disable, overburden, or impair Our computer systems or interfere with any other party’s use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.

5. Without prejudice to the above, you agree not to host, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another person and to which You do not have any right to;
    2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. harm minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonates another person:
    8. contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation; and
    10. You are solely responsible for all information You transmit or share, we are not obliged to monitor the same. However, We reserve the right to review any information or materials You share and to remove (without notice to You) any information or materials that We find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby authorize us to review all information. In the event of non-compliance with the Terms, we may (without notice to You), immediately terminate Your registration with Us and/or prevent Your access or use of the Service.

6. are also prohibited from:
    1. violating or attempting to violate the integrity or security of the Website or its content;
    2. transmitting any information on or through the Website that is disruptive or competitive to the provision of Services by us;
    3. intentionally submitting on the Website any incomplete, false or inaccurate information;
    4. making any unsolicited communications to other users of the Website;
    5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
    6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
    7. copying or duplicating in any manner any of the content on the Website or other information available from the Website;
    8. framing or hotlinking or deep linking any content on the Website.

Payment For Service:

1. Some parts of the Service are chargeable as may be specified from time to time. We will tell You about applicable charges for any paid Service and the payment terms presented to You when You use or order a paid Service are deemed part of these Terms of Use. As a convenience to You, We reserve the right to suspend or cancel Your order for the said Service or to not provide You with the ordered Service. We shall not be responsible for any Service that is not provided to You if You fail to pay the applicable charges for the same. Charges paid are non-refundable except in Our sole discretion.

2. We use a third-party payment gateway for processing payments due to Us. The processing of payments will be subject to the terms, conditions and privacy policies of the payment gateway, in addition to these Terms. We don’t control and are not liable for the security or performance of the payment gateway. You agree to pay Us, through the payment gateway, all charges at the rates then in effect for any purchase in accordance with the applicable payment terms. We reserve the right to correct, or to instruct Our payment gateway to correct, any errors or mistakes, even if payment has already been requested or received.

3. We strive to provide the best prices possible on products and services to users buying or availing through the Website. However, We do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on Xorptech Lifesciences;

Your Data and Information:

1. When You register with Us and/or access the Service, You will be required to provide certain personal data and information about Yourself to Us. When You access or use the Service, We also collect and store certain information and data about You and Your access/use. Our Privacy Policy which is available at https://vigyanveda.com/privacy-policy.html explains what personal information and data We collect and how We treat Your personal data and information and protect Your privacy. The terms of Our Privacy Policy are deemed incorporated in these Terms and forms a part of these Terms. Therefore, please read Our Privacy Policy carefully. When You access or use the Service, You consent to the collection and use of Your personal data and information in accordance with our Privacy Policy.

2. Notwithstanding anything contained in these Terms, You hereby permit Us to store all information You transmit or share. You hereby permit Us to transit prescriptions for medicines with Pharmacies to enable them to service Your order for the drugs and medicinal preparations ordered by You. Subject to the above, Your medical/patient records pertaining to the Services You avail through the Service shall remain Your property.

3. While placing an order for sale of drugs / medicinal preparations with Us, You fully authorize Us to share Your personal details like name, address, phone number, etc. as well as the medical prescription to third party Pharmacy for the purpose of processing Your order. The same Third Party Pharmacies may, in turn, store/use this information for their internal purposes. Also, on placing an order with Us, You authorize the third party online pharmacies to contact You via Phone/ SMS / Email for the purpose of fulfilling Your order.

4. We are requesting Your email address, so We can send You invoices for the transactions You make on Xorptech Lifesciences and also to help You refer Your friends and family and therefore earn a referral bonus.

Changes to Service:

We reserve the sole and complete discretion with respect to the operation of the Service and We may add, modify, suspend or discontinue any functionality or feature of the Service or any of the Services provided by Us without any notice to You.

Third-Party Links and Advertisements:

The Service may contain links to third-party websites and third-party advertisements, that are not maintained or controlled by Us. Third party links and advertisements are provided for Your convenience only and do not imply an endorsement or any representation or warranty by Us to content, goods or services that may be offered by these third parties. When You click on any of these third party links, You are leaving the Service and will be subject to the terms of use and privacy and security policies of the third party site. You link to any such third party website entirely at Your own risk.

Warranty Disclaimer:

You acknowledge and agree that Your use of the Service is solely at Your own risk and that You assume full responsibility for all risks associated therewith. All information, products or services contained on or provided through the Service are provided “as is”, without any warranty of any kind, express or implied. We do not make any warranty or representation as to the quality, quantity, potency, purity, standard, nature or manner of performance of any of the information, products or services contained on or provided through the Service. We hereby disclaim, to the maximum extent permitted by applicable law, all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for any particular purpose, title, non-infringement, reliability, accuracy, completeness, timeliness or that the availability of the Service will be uninterrupted, timely, secure, or error-free.

The Website assumes no responsibility for any damages or viruses that may infect Your computer equipment or other property on account of Your access to, use of, or browsing in this Website.

Limitation & Exclusion of Liability:

To the fullest extent permitted by law, in no event will We be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not We have been warned of the possibility of such damages. In any event, our total aggregate liability to You, if any, will not exceed the charges paid to Us by you (if any) for the particular Service in questions.

Indemnity

We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

You agree to defend, indemnify and hold harmless Xorptech Lifesciences, 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 inactions, which may result in any loss or liability to Xorptech Lifesciences 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 these Terms or arising out of 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.

Website feedback, user comments, and user-generated content:

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to Us 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 these Terms or any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights (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 on the Website. You grant 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 write 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.

Termination:

We reserve the right to suspend and/or terminate Your access to the Service with or without notice if You breach these Terms. Upon suspension or termination, Your right to procure the Service shall immediately cease and We reserve the right to remove or delete Your information that is available with Us, including but not limited to account details. Such termination will be without any liability to Xorptech Lifesciences. Upon termination, You must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, however, made. Our right to any Comments shall survive such termination. Any such termination shall not cancel your obligation to pay for the Service already obtained through the Website or affect any liability that may have arisen under these Terms.

Notices:

All notices to Us shall be in writing and shall be made via e-mail to care@vigyanveda.com or other email address as notified in these Terms and all notices to You shall be made through the Service, via e-mail to the e-mail address You provide at the time of your registration or to your communication device registered with Us.

Governing Law and Jurisdiction:

The interpretation of these Terms and the resolution of any dispute relating to Your access or use of the Service shall be governed by the laws of India subject to the exclusive jurisdiction of Courts in Ahmedabad. All disputes will be subject to arbitration in Ahmedabad in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to the arbitration shall bear its own cost.

Miscellaneous:

If any term or provision of these Terms shall be declared invalid by a court of competent jurisdiction, then such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and the remainder of these Terms shall remain in full force and effect, according to its terms. The failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause. Your right to use the Service is personal to You and You shall not assign or transfer in any manner any of Your rights, obligations or interest in these Terms or Your subscription to any third party. We may freely assign our rights and obligations hereunder. Should there be any conflict between these Terms and any other notice/communication, the terms and conditions set forth in these Terms shall prevail, to the extent of such conflict. These Terms (including the Privacy Policy and other notices on the Website which are incorporated and deemed part of these Terms), constitute the entire agreement between Us and supersedes all prior agreements regarding the subject matter hereof. When You use the Service and provide any information on or through the Service; or when You click any of the buttons available on the Website or when You send an e-mail to Us, you are communicating with Us through electronic records. You hereby consent that such electronic records, whether sent by You or automatically generated by the computer system when You click on any of the buttons available on the Website or the Service, shall be deemed to be communications sent in writing by You.

Grievance Redressal:

If You have any concern or grievance or complaint with respect to the Service, please e-mail us at care@vigyanveda.com and We will study the matter and take such action as we deem appropriate under the circumstances.

I have read and understood these Terms of Use (including the Privacy Policy and other notices on the Website) and agree to all of the provisions contained therein.