Terms - General Understanding of Transactions
* Transactions - Transaction entered by users’ on the website or the applications, would be between users’ and service providers. The Company would not be responsible for services provided by Service providers to the user. User should ensure necessary care before confirming services with respective service providers.
1) Prescription medicines – Prescription medicines are to be consumed for medication only if the same is prescribed by licensed medical practitioner/s. The user needs to upload the prescription provided by the licensed medical practitioner/s. The order placed without a valid prescription by licensed medical practitioner would be void and not serviceable.
2) Prescription Document - It should comprise of valid letter head of service provider, nature of service provided, authorised address, name of the patient, uploaded prescription details and signed/stamped by service provider unless computer generated document.
3) Over the Counter (“OTC” or “General”) medicines – OTC orders can be placed by user without prescription.
4) Telemedicine - Telemedicine would provide assistance in connecting with doctors online. Telemedicine would comprise of teleconsultation through video conferencing, through text communication, review of user reports online etc. It would help people connect with doctors remotely, easily and faster. It would help users maintain all data electronically at one central point.
5) Confirmation of Order –
5a) For Products - Once the order is received, the same would be validated for approval and availability with service provider along with sharing documents, e.g. authorised prescription document in case of prescription medicines. Once confirmed by the service provider, the order would be considered confirmed and updated to user for delivery.
5b) For Services – Once the inquiry is made for services based on online time available, the service provider would confirm the requested time of appointment. At the time of confirmation, the user needs to have usable credit amount or deposit service charges applicable in his account to have final confirmation of service. User cannot cancel the appointment within 8 working hours before the appointed time. In case he cancels the appointment, INR 1,000 would be charged as cancellation fees and amount would be credited to his account.
6) Delivery Timeline
6a) for Products - Once the order is confirmed, the same would be placed for delivery. Based on best possible time available with confirmed service provider, it would be delivered at your doorstep.
6b) for Services - In case of services, the User would be confirming the appointment with service provider and once appointment is mutually confirmed by service provider. User would be attending the service provider or agreed time and complete the service. Considering the schedule of Service provider, sometimes there could be potential change of approx. 15 to 30 minutes in appointment and would be communicated to user. The instance of change would be potentially only one off events and would not result in cancellation of service by Service provider. At the time of confirmation, the user needs to have usable credit amount or deposit service charges applicable in his account to have final confirmation of service. User cannot cancel the appointment within 8 working hours before the appointed time. In case he cancels the appointment, INR 1,000 would be charged as cancellation fees and amount would be credited to his account.
7) Cancellation Order –
7a) For products - Once the order is confirmed - it cannot be cancelled. In case of booking wrongly made, please call helpline number 022 – 6634 7050 and we’ll support the user to rectify the error.
7b) For Services – Once the order is confirmed – the user can cancel the same within 1 hour subject to criteria mentioned in 5b above for cancellation.
8) Restrictive or Prohibited medicines - Drugs or Medicines prohibited and restricted for use are not facilitated nor delivered through our platform.
9) Periodic orders - The Customer can opt for monthly or annual periodic order deliveries, based on their regular requirements. Once opted, the same would required to be supported by authorised prescription from licensed medical practitioner at the time of periodic intervals in his account. In absence of authorised document, the delivery would not be made and transaction would be considered as void unless updated again by the user.
10) Return for Delivered Orders –
10a) For products - Once the order is delivered - it needs to be returned immediately in case of expired goods and for other goods it cannot be returned.
It is the responsibility of user to check and confirm no expired medicines are delivered wrongly. In case of wrong deliveries accepted user need to update within 2 hours on our helpline number 022 – 6634 7050 or place a request for return of medicines.
10b) For Services – Not applicable.
General Understanding - Terms & Conditions
The Terms and Conditions (“TC’ or “terms” or “conditions”) are an electronic record as required under Information Technology Act, 2000 and rules there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the IT (Amendment) Act, 2008.
The Company would not be held responsible for any side effects or misuse of the medicine purchase facilitated from the service providers. We only facilitate the delivery and take complete care to deliver prescription drugs only with an appropriate prescription. The order placed by the user and on its behalf, is an authorised purchase by the user from the service provider.
(2) Information Security –
(3) Transaction Terms
3a) Registeration Process –User would be requested to share basic general information as required for us to maintain “Know Your Customer (KYC)” for a user.
We request users, for providing access to its services on website and mobile applications, to share following information;
Name of user; b) Mobile Number; c) e-mail address; d) Aadhar Card, not mandatory; e) Pan Card; f) residential adress; g) office address and f) Emergency contact name.
The user confirms that the information shared on the website is correct and accurate. User is responsible and liable for costs and consequences, as applicable due to any information shared being incorrect and misrepresented.
User is required to provide correct information and update on periodic basis to maintain the accuracy of information on regular basis. User is required to maintain the information confidential and any unauthorised access, user needs to update the Company immediately through mail at firstname.lastname@example.org and email@example.com. In absence of timely communication, the user would and only would be responsible for unauthorised use of its account. Any misuse of medicines due to such unauthorised, User would be responsible and liable to Company for damages, if any.
3b) Authorised legal person – The User authorised to access and use the services of the website and mobile applications has to be legal person as per the Indian Contract Act or related act governing contractual obligations and its related updates over a period. By registering on the website and accepting the terms, the user accepts and confirms that:
I. A legally abiding citizen of India or any country;
II. A citizen “is not” or “has not been” part of any criminal crime in past for misuse of medicine and its related activities and sentenced for the same;
III. None of the immediate family members, for a citizen mentioned in (ii) above, is or were involved in criminal activities as mentioned above;
IV. Legal person of authorised age to contract for purchase of medicines or services; and
V. You are operating only single account on all platforms.
VI. User found misrepresenting any information above would be liable for claims or damages, if any, due to misrepresentation of such information.
3c) Transaction Process – User would login into his account, select medicines or services to be availed, get confirmation for acceptance and make payment for services. User is obligated to pay contractually for any medicine purchased or services availed from service providers. User not making payment for services are legally liable for costs, penalties incurred by service provider and the Company.
The transactions are executed on platforms dependent on information systems. The completion of transaction is dependable on effective line of communication and internet network. User is required and should ensure that network is effectively working to complete the transaction on website or mobile applications. The transactions not completed due to network connection error is not the responsibility of the Company.
In case of video conferencing facility, user needs to specifically ensure the network is available continuously to experience best service quality.
In case of services, the user is required to have usable credit amount in account. After the confirmation of completion of service, the amount will be charged from users’ account for services
(4) Authorised Use of Medicines (“Drugs”) - The information provided on the website for use of medicines is to provide users with additional information. Our team invests in learning and provide information which could be useful for information purposes. We do not recommend, endorse or promote any action based on the information provided. We recommend user to use his necessary judgement, precautions and consultations before using the information for any specific use. The Company’s objective is to assist with information which could add as additional update and immediate availability at one place. The Company would not be held liable for any losses or harm caused by/to the user because of usage of such information without appropriate and necessary consultation or precautions. The Company periodically changes and updates the information to make it more relevant and current, and its reserves the right to make amend to any information provided on medicines.
(5) Misuse of Information or Legal rights - The Company recommend that user should abide by the general terms and conditions of the website, mobile applications, vendor information, system processes, information systems and product rights. User is not allowed for misappropriating, misusing, violating, infringing any information, copyrights, licenses, patents, trademarks or any related rights for products, systems or partners’ information.
The website or mobile applications have various information and marks which are legally owned by various partners. The use is strictly in terms of our agreement with various parties. Such information and marks of partners are not allowed to be used without permission and any use without permission would be construed as misappropriation or misuse.
User would be solely responsible for the misuse identified or reported for abovementioned factors and legally obligated for claims, if any.
(6) Feedbacks or Comments (Notes’) on Websites – The User would have access to provide feedbacks or comments or certain information about certain aspects of services or medicines during his course of availing or on completion of services. The Notes’ updated on website should have specific comments and normal language. The User Notes’ should NOT put any Notes’ which includes offensive, religious, racial, political, abusive, unlawful, defaming, threatening, and likewise remarks on the website or mobile applications. Any User using such language would be responsible for inappropriate and indecent conduct with people and such User would be liable to any legal or consequential action as permitted by Indian Law.
The Company would not be responsible for such Notes’ and reserves the right to block the account of such user and can be activated after 1 month of such action by user, based on request with no such further act through mail on firstname.lastname@example.org and email@example.com. The user would be responsible for any claims or damages to the Company or public in large or other users due to his act.
(7) Products and Services –
Products and services available on our website and mobile applications are owned by relevant service providers. They reserve the right to sell the medicines to user at their discretion. The Company does not have a right to sell those goods or completion of service. The Company only facilitates the connect between service providers and user to avail the purchase of medicines / services at easy convenience. The contractual arrangement for purchase of medicines or services is between user and service provider. The Company does in no way promote any product or medicine through its website or mobile application by way of sale.
(8) Use of information shared by User
During the course of registration and transactions entered by user, the Company would have a set of information about user on our information system platforms. The Company assures and confirm, that it have placed systems to ensure information confidential and not to be used for any purpose, unless specifically approved and authorized by the user.
The Company keeps the systems and the security for the system updated at all times. It has placed processes to ensure control for security of data at all times. Due to the information systems being averse to technical failures due to various factors, we would and consider as our duty to update for any such failure. We would in no such cases use the information for any other purpose other than as authorised by the user.
User is responsible for maintaining information of account secured and confidential. User should not provide an un-authorised access to third person. For any instance of misuse of account of user, he should immediately inform the Company for temporary blocking of account. User during the processing of transaction should be careful not to share payment secure information with any third party exposing to risk of misuse of information. Any consequential loss due to uninformed misuse of account of the User, would be responsibility of the User.
(9) Pricing and payments terms –
a) Pricing - Product - The pricing of the products are governed by general Maximum Retail Price (MRP) as defined for the products. Services - Pricing for services would be as defined by the service provider for nature of service to be availed. The service pricing would depend on experience, knowledge and skill of the Service provider. The pricing would be completely as determined by the service provider.
b) Company - Company would provide the pricing as made available by service providers. Prices would be comparable and different based on different service providers. MRP being constant various service provider prices would be different based on discount offered by them.
c) Convenience and Delivery charges - the Company would charge convenience charge of INR 15 and delivery charge of INR 20 for all orders. Order above INR 1,000 would not have delivery charges.
d) Schemes and discounts - The Company would not be part of discount offered by service provider, those are completely offered by them and communicated directly to user. The Company would provide for their discounts separately and would be over and above the price offered on our platforms. Schemes are not applicable for convenience and delivery charges, this are independent of any scheme applicable.
The Company would communicate various schemes on time to time to offer best cost efficiency on products. User is required to read full instruction and conditions of scheme to make full and correct use of schemes. User acting based on non-information of any scheme would be responsible for cost incurred in usual of transaction and Company would not be liable for information being misread or incomplete review of scheme by user.
e) Relationship - User and Service provider would be transacting on “principle to principle basis” and the Company just act as facilitator of services. The Company does not fall within the purview of the Food Safety and Standards Act, 2006 and the rules issued thereunder.
f) Payment - User must validate and confirm the order details before payment. Once payment is processed through channel, it cannot be cancelled. The price points and agreeing for payment has to be confirmed by user before payment, once paid it would be construed as agreeing to payment of mutually agreed price. User cannot contest on wrong price payment for the confirmed paid transaction.
g) Delivery - User has to confirm the right nature of delivery at the time of receiving it. Refer point 6 and 10 in General terms of transactions.
(10) Company Responsibilities
The Company would be responsible and maintain;
a) Updated Information Systems at all times;
b) Updated information on products at all times;
c) Communicate changes in policies;
d) Provide correct information for service providers;
(11) User Responsibilities
User would be responsible for following
I. Single user access to the account on all platforms;
II. To be there 10 to 25 minutes in advance for appointed service confirmed;
III. Not to make any comment or note on Company’s platforms or social media, for any of his concerns without proper adressal of the query with the Company grievance officer and final resolution. Any such communication by User would be in default of the terms and conditions accepted by User and would be liable for costs and penalties resultant on Company or Service provider for such communication.
IV. No misuse of medicines purchased and ensure it is not used by people not authorised or prescribed for the use of such medicines.
V. No information or systems available on website should be used for any personal purpose by User and shared for any wrongful purposes resulting in misuse by other person. or;
VI. Use of medicine only as prescribed and applicable as per medicine use guidelines in India or applicable country.
(12) Intellectual Property Rights
There are rights attached to the “information and property (Content)” on the Company platforms or other material used or shared by the Company. User confirms that he would not be not entering into any transactions or actions as mentioned below:
(a) The website and mobile applications and related materials used in marketing are owned and maintained by the Company. The feel, content, presentation, design, structure, etc. and its related applications are property of the Company. The user should not misuse the said content without permission for any purpose.
(b) The Company has entered into contract with various partners i.e. service providers, payment gateways, advertisers, etc. Any form of content or link relating to the said parties is confidential and protected. The user should not misuse the said content without permission for any purpose.
(c) All data relating to approved matters such as logos, patents, informations, presentations etc and related information for any person on the platforms is confidential and protected. The user should not misuse the said content without permission for any purpose.
(d) User has access to the information in confidentiality and accepting the general terms. User will have access to all this information during normal course of transactions and communications, and should not use it for any other purpose. User should keep all these information confidential and secure at all times. Any misrepresentation or wrongful use of Company content or third party content and related information by User or authorised representatives would lead liability on User in form of penalty or charges, as applicable.
(13) Warranties and Limitation on liabilities
The Company is just a facilitator for services, accordingly their is no warranty for the products or services offered on our platforms.
Warranty, if applicable, would be by service providers and that would depend on the arrangement of services between user and service provider. User has to specifically evaluate and agree on any such understanding with the service provider. In case of any such contractual understanding, there would be no warranty from service providers.
The Company is not liable for any liability related to warranty.
The Company is not responsible for any services or medicines not available on the platforms. It depends based on the availability with relevant service providers and their access to our platforms.
The Company would not be responsible for any issues related to computer hardware, software, any issues faced by User network.
The Company is not responsible for any communication through social platforms or third party sites or any other user comments on website or any product placement related queries. User should take extreme care in ordering the medicines or confirming services based on complete evaluation of the services.
The Company platforms would be available 24 hours and 7 days for your ordering of services. However, Users’ queries resolution would be available on call at 022 6634 7050 from Monday to Friday 10.30 am to 17.30 p.m. only. In case of any query, during non working hours, User can mail at firstname.lastname@example.org and email@example.com. The Company would evaluate your queries starting from next working day and revert within 48 hours from the start of next working day.
(14) Other terms
a) Applicable Law and Jurisdiction - All activities related to any transactions, or any activity would be governed by laws applicable in India subject to jurisdictional courts of Mumbai.
b) Communication with Service Providers - Any communication with service providers has to be complete and clearly defined. The charges for service provider would depend on type of service provided and accordingly the amount would be charged from the account.
c) Information or documents or rights (User Content) of Users - Any User content provide on the platform of the company or shared with Service provider. User should avoid using any malicious software or product for checking on the platform. User should not connect or transmit any such content on the platforms of the Company.
d) Indemnification by User - User agrees and confirm to indemnify, for the Company, its employees, its directors, its officers, its partners (service providers, technology partners, advertisors, marketers, licensors etc), from any claims in nature of loss, damages, expenses, costs including any legal expenses, resulting from violation of any terms and conditions as provided in this confirmation.
e) Natural causes - User should not be authorised to put any claims on the Company for any activity affected by any natural causes of God (Force Majeure Event) e.g earthquake, riots, tsunami, floods etc. or any unusual event occurred due to some activity not occurred in general circumstances or due to any specific changes in Government rules and regulations. The Company, would however try to work and provide solutions to the best extent but the same would not be liability and it would an option at the end of Company to make whatever possible to support the User.
f) Survival of certain clauses - Even after termination, certain obligations mentioned under various clauses for Liability, Indemnity, Intellectual Property, Dispute Resolution or covenants would continue and survive termination.
g) Contact - Communication can be done at firstname.lastname@example.org or 022 - 6634 7050.
Breach or changes of certain terms and conditions could result into termination as follows:
a) The Company may withdraw or change in any services due to its independent evaluation and that would result in termination of services. It would not be liable to Users or any party for withdrawal or discontinuation of such services.
b) Any wrongful or misuse of Company’s platforms’ or of any information on the platforms, the contract would be terminated with User.
nu28care or Nujinine Health India Private Limited ("the Company" or "the website" or "the mobile applications" or "we") is/are not the direct Service Provider(“medicine stores” or “doctors” or “hospitals” or “certified medical practitioner/s” or “licensed medical practitioner/s”). It's a platform (website or mobile applications) providing online facilitation to avail services/products including telemedicine services, medicines delivery, doctor’s appointment, doctor’s consultation, medical instruments etc. through our website and mobile applications. Our platform provides the User ("the consumer” or "the authorised user" or "the patient" or "you") easy and convenient way to find all their healthcare needs at one place.
Company confirms that it has placed relevant systems in place to ensure the data shared by User is maintained in completely secure and confidential environment. The Company receives the information in normal course of business from the User and the same would be used only for business purposes. The information would be used for evaluating your schedule and communication purposes (email or call or messages etc.) only. We collect information as per basic KYC (Know Your Customer) and additional information to provide you access for centralised database for all your medical records.
The Company confirms that it maintains the data as per terms provided under data protection and confidentiality laws specifically guided under
- Section 43 A of the Information Technology Act, 2000;
- Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"); and
- Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
User could opt for certain optional services such as newsletters, monthly schedules etc. Communications would be shared basis the services opted by the user.
User should ensure the information is updated for any changes to make it correct and accurate on periodic basis to avoid any miscommunications. User should upload correct medical records to avoid any discrepancy or wrongful evaluation of medical data.
Any information received during the use of platform by the users is completely technical and would be used only for business purpose to either make the services better or efficient. It would be business purpose use of such information.
Information shared by user is not shared with anyone except authorised by the User or its nominee or its legal representative or specific request by any government body due to legal requirements.
Contact - Name of the Grievance Officer: Ms Lina Shivkar E-mail Address : email@example.com and contact No 022 6634 7050. The grievance would be responded within 21 days from the date of confirmation of receipt of the communication.