These terms of use (the “Consumer Terms”), and such other terms that may be applicable to you depending on your use of the Application (as defined hereafter) (the “Additional Terms”), govern your use of our website www.peppill.com (the “Website”) and our Dosemeds and PepPill applications for electronic devices (the “Applications”). If these Consumer Terms are inconsistent with any Additional Terms, the Additional Terms will supersede to the extent of the Additional Terms are applicable. The Website and the Application are jointly referred to as the “Platform”.

 

The use of the Platform shall be subject to the following terms and conditions:

 

• The Platform is owned and operated by Dosemeds Technologies Private Limited, a company incorporated in India under the Companies Act, 2013, having its registered office at No 143/6C, 3rd Floor, (3A), Eswaran Salai, Behind Marg Digital Zone, Off OMR, Karapakkam, Chennai, TN – 600097, IN (the “Company”, which expression means and includes its officers, successors and permitted assigns).

 

• The Company holds a valid license to sell, distribute, stock, exhibit and offer for sale the Products (as defined below) under the provisions of the Drugs and Cosmetics Act, 1940 (“Drugs Act”) and the Drugs and Cosmetics Act Rules, 1945 (“Drugs Rules”).

 

• The Platform is an electronic platform which enables its users to locate pharmacies that are registered on the platform (“Merchants”) within the user’s specified geographical area and place orders for the purchase of drugs and other pharmaceutical products and nutraceutical products (which shall also include Over the Counter (OTC) and wellness products offered by third-party Merchants) (“Product(s)”). It thereby facilitates the end customer to connect with and purchase the Products from the Merchants through their electronic devices (“Services”). The Company is not and cannot be a party to or save as except as may be provided in these Consumer Terms, control in any manner, any transaction between You and the Merchant.

 

• For the purposes of these Terms, the words “us”, “we”, and “our” refer to the Company and all references to “you”, “your” or “user”, as applicable, mean the person who accesses, uses and/or participates on the Platform in any manner.

 

1. APPLICABILITY OF CONSUMER TERMS

 

• These Consumer Terms and the privacy policy available at (“Privacy Policy”) are applicable to the entire content of the Platform. We request you to carefully go through these Consumer Terms and the Privacy Policy before you decide to access this Platform or use the Services.

 

• This document is an electronic record in terms of the Information Technology Act, 2000 (the “IT Act”) and the rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Consumer Terms have been published in accordance with Rule 3(1) the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 (the “Intermediary Rules“) thereunder that require publishing of the rules and regulations, privacy policy and terms for access or usage of the Website and the Application.

 

• These Consumer Terms and the Privacy Policy shall apply to all visitors and users of the Platform and together constitute a legal agreement (“Agreement”) between you and the Company in connection with your visit to the Platform and your use of the Services.

 

• Your access, browsing or otherwise any usage of the Platform or the Services will signify that You have read, understood and agreed to be bound, including without limitation, by this Agreement, the Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Platform, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms. If you do not agree to or wish to be bound by the terms of the Agreement, you may not access or otherwise use the Platform or the Services. If You navigate away from the Platform to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.

 

• The Platform is operated, and Services are provided in compliance with the laws in India and Company shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India. If you access Our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws.

 

• If you wish to also register as a Merchant on the Platform and use the online portal which allows you to connect with potential Users to sell your Products (“Merchant Platform”), you will additionally be subject to specific terms that are applicable to the Merchants available on the specific Merchant Platform (“Relevant Merchant Terms”) and enter into an agreement with us (“Relevant Merchant Agreement”), and The Relevant Merchant Agreement and the Relevant Merchant Terms shall be deemed to be incorporated herein by reference and constitute a part of the Agreement between the Merchant and the Company.

 

• The Company authorizes you to view and access the content available on the Platform solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Consumer Terms. The contents on the Platform including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains third party service providers’ content (“TPC”) as well as in-house content provided by the Company including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Company Content”) (collectively, “Content”). The Company Content is the property of the Company and is protected under copyright, trademark and other applicable law(s). You shall not modify the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.

 

• We reserve the right to modify or terminate any portion of the Platform or the Services offered by the Company or amend the Consumer Terms as well as Privacy Policy for any reason, without notice to you or any third party and without liability arising thereof. Any modifications or amendments will be effective immediately upon posting such revisions on the Platform.

 

• You can determine when the Company last modified the Consumer Terms by referring to the “Last Updated” legend above. The Company may require you to provide your consent to the updated Consumer Terms in a specified manner before any further use of the Platform and the Services. If no such separate consent is sought, your continued use of the Platform will constitute your acceptance of such changes; therefore, please review these Consumer Terms periodically to understand the terms and conditions that apply to Your use of the Platform.

 

• Nothing in the Agreement should be construed to confer any rights to third-party beneficiaries.

 

• These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
• the Indian Contract Act, 1872 (“Contract Act”);
• the IT Act 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 Intermediary Rules (“Data Protection Rules”);
• the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
• the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
• The National Medical Commission Act, 2019 (“NMC Act”);
• Pharmacy Act, 1948 (“Pharmacy Act”); and
• the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.

 

2. REGISTRATION AND ACCESS

 

• If you wish to use the Platform or avail the Services, you will have to register on the Platform and become a registered user. By registering on the Platform, you agree that you are availing the Service subject to the terms of the Agreement and such terms as may be mutually agreed between you and the Company.

 

• Procedure for registration: You may register on the Platform following the methods prescribed, including by following the instructions contained in the e-mail / SMS message / WhatsApp message sent to you upon your visit to a PepPill co-branded brick-and-mortar Merchant store.

 

• By registering on the Platform, you agree that you are availing the Program Services, subject to the terms of the Agreement.

 

• To register onto the Platform, you will have to provide certain personal information such as your name, age, gender, contact details and email which will be requested from you in the registration form. Following this, you will be required to create an exclusive username and password which will be used by you to avail the Services.

 

• Registration is only a one-time process and if you have previously registered on the Platform, you may login into your account using the same credentials as provided by you during the registration process.

 

• You understand that you are solely authorized to operate the account created by you. When you use the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to your account.

 

• We request you to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your account information current and accurate. You agree to: (a) immediately notify the Company of any unauthorized use of your account information or any other breach of security, and (b) ensure that you log-out from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the aforementioned conditions. You may be held liable for losses incurred by the Company or any other user of (including a Merchant) or visitor to the Platform due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential. You shall remain solely responsible for all the actions by You on your account. We reserve the right to refuse access to use the Services offered at the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.

 

• You are prohibited from selling, trading, or otherwise transferring Your account to another party. The Company, including its employees, directors, executives, officers, agents, or representatives, cannot and will not be liable for any direct or indirect loss or damage arising from your failure to comply with the terms of this Agreement. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.

 

• Receiving SMS/ E-mails: You understand that once you register as a user on the Platform or once you visit a PepPill co-branded brick-and-mortar Merchant store, you may receive text messages, push notifications or e-mails from the Company on your registered mobile number/ email-id. These SMS messages / push notifications/emails could relate to your registration, transactions that you carry out through the Platform and promotions that are undertaken by the Company. Please note that the Company may send these SMS messages / push notifications / e-mails only to the registered mobile number / email-id or such other mobile number / email-id that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct contact number/email-id for the transaction you wish to enter. By sharing your account information and registering on the Platform, visiting a PepPill co-branded brick-and-mortar Merchant store and/or verifying your contact number with us, you explicitly consent to receive marketing/promotional communications (through call, SMS, e-mail or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings.

 

• We reserve the right to refuse access to the Platform, to terminate accounts, remove or edit any content on the Platform at our discretion.

 

• We will try to make the Platform error-free, but do not make any representations or guarantee that it will be error free. Your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Further, we take no responsibility for internet related issues, which may or may not result in a disruption of the Services.

 

3. USAGE OF THE PLATFORM

 

• The Company hereby grants you a non-exclusive, revocable license to use the Platform on the terms and conditions as set forth in the Agreement. The  license granted to you does not include a license for: (a) resale of Products or commercial use of the Platform or the Company Content, (b) any collection and use of product listings, description, or prices, (c) any use of the Platform, the Services and/or of the Company Content other than as contemplated in these Consumer Terms, (d) any downloading or copying of account information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the Platform, (e) creating and/ or publishing your own database that features parts of the Platform.

 

• You will use the Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy of the Platform, for your personal use only and not for business/commercial purposes.

 

• You grant to the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Company, including the execution of deeds and documents, at its request.

 

• All information, content and material contained in the Platform are and continue to be the Company’s intellectual property. Further, all copyrights, designs, source code, object code, patent trademarks, service marks, geographical indictors, trade names and trade secrets in relation to the Platform and the Services, whether or not displayed on the Platform, are proprietary to the Company, except the Merchant’s logos which may also be displayed on the Platform with their consent. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorised use by you shall result in the termination of the license granted to you by us in terms of the Agreement.

 

• You expressly acknowledge, understand and agree that:
  • The information, content and materials on the Platform and / or Service is provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees and agents disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability or fitness for a particular purpose and non-infringement;
  • The respective Merchants are exhibiting TPC and information in relation to such Products on the Platform.
  • The content available on the Platform, including without limitation, text, copy, audio, video graphics, etc. is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the Merchant on the Platform or any professional medical advice, diagnosis, treatment or recommendation of any kind.  You acknowledge and agree that the Merchant shall be solely responsible for ensuring that such TPC made available regarding the Products and Services offered for sale on the Platform, are not misleading and describe the actual condition of the Products and Services. In this connection, it is solely the responsibility of the concerned Merchant to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Products so as to mislead the users in any manner and the Company shall not be responsible or liable in this respect.
  • The Company provides no warranty or representation with respect to the authenticity or accuracy of the information provided on the Platform and you must do your own diligence.
  • The Company has not played any role in the ascertainment of the actual impact/effect of any Product being offered for sale by the Merchants on the Platform. Further, it is hereby clarified that the Merchant are offering the Products for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug Rules and the Pharmacy Act.
  • The Company does not warrant that the functions contained in any content, information and materials on the Platform, including, without limitation any third-party sites or services linked to the Platform and / or the Service will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components;
  • Any material downloaded or otherwise obtained through the Platform are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer systems and / or electronic devices.
  • The Company cannot and will not assure you that other users of the Platform are or will be complying with the foregoing provisions of the Agreement. As between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
  • You will have the option of providing feedback in the form of comments with respect to the Merchants with whom you may have transacted through the Platform. Such feedback may be displayed on the Platform and be publicly available. The Platform may therefore contain TPC which we do not pre-screen, and which contains views that may be opinions of users, advertisements/offers made by any third party (subject to our consent). These views do not represent our views, opinions, beliefs, morals or values. We do not claim any ownership rights in the text, files, images, or any TPC such third-party may submit or publish on the Platform. After posting any TPC on the Platform, such third-party continues to own the rights to such TPC that it generates, subject to the limited license set out here.

The rankings of Product(s) and services as provided on the Platform are determined after collection of rating and feedback from the users, and the Company shall not be in any manner held responsible for accuracy of the same. If a Merchant or user finds any information on the Platform in relation to such Merchant, user, Product or Service to be incorrect, he/she may contact the Company immediately for such corrections.  You agree and acknowledge that you shall not hold the Company responsible or liable for any damages arising out of your reliance on such TPC.

• Subject to the provisions of the IT Act and the Intermediaries Rules, we will do our best to monitor, edit or remove such TPC where we consider it appropriate or necessary to do so. We do not promise that the content in or on the Platform is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
• The Company will not be liable for your losses or damages (whether direct or indirect) caused by any unauthorized use of Your account, or any activity undertaken by you based on any TPC. Notwithstanding the foregoing, you will be liable for any loss suffered by the Company or other users due to such unauthorized use.
• You will not access (or attempt to access) the Platform and the materials or Services by any means other than through the interface that is provided by Company. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process to access the Platform or Services for any purpose. You shall not use any automated device to access, acquire, copy, or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

 

 

4. PURCHASE OF PRODUCTS

 

• The Platform is an electronic platform that enables you to purchase Product (s) from the Merchants over the internet. You understand and agree that the Company is a technology solutions provider that owns and operates the Platform. The Platform merely provides hosting and technology intermediary services to you and persons browsing/ visiting the Product. All items offered for sale on the Platform and content (including product descriptions, images and the like), are TPC and describe third-party products. Notwithstanding the foregoing sentence, any item / product made available for sale under an “in-house” label, bearing product descriptions or images and the like, conform to the requirements of applicable laws for the sale and distribution of the same; You agree to inform yourself of the nature of the items / products before your decision to purchase the same.

 

• It is clarified that the manufacturers of the Products themselves are responsible for all compliances relating to the manufacturing of the Products including any labelling, mandatory declaration requirements, etc. under the applicable law. The manufacturers are liable to be compliant under the relevant provisions of applicable laws, including but not limited to the Legal Metrology Act, 2009, the Drugs Act, the Food Safety and Standards Act, 2006, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, etc. and the rules made thereunder.

 

• Any transaction that you enter into through this Platform will constitute a bilateral contract between you and the relevant Merchant which shall be subject to these Consumer Terms. You further agree and acknowledge that the Company will not in any manner be party to or have any liability with respect to such transactions. The Company does not in any manner involve itself in the following:
  • The acceptance or rejection of your order
  • The determination of the prices stated by the Merchant for the Products; or
  • The dispensing, labelling, packaging or delivery of any Product(s).

 

• The terms and conditions subject to which the sale of Products shall be undertaken by the Company to the Merchant shall be as follows:
  • The listing of the Products on the Platform by the Merchant is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’ by the Merchant.
  • It is hereby clarified that any reference of the term ‘offer/ offered for sale by the Merchant as appearing in these Consumer Terms, shall be construed solely as an ‘invitation to offer for sale’ by any such Merchant.
  • Once you have logged into your account, you will have an option to locate a Merchant in the geographical area defined by you, select the Merchant you wish to enter into a transaction with and place your order with such Merchant by either specifying the Products that you require and / or by uploading a scanned copy or a JPEG image of the prescription. You will also have the option to choose the mode of delivery. Such order will constitute an offer by you to enter into a contract with the Merchant to purchase the Product(s) (“Offer”). You understand and agree that to purchase certain Products (“Prescription Drugs”), you require a valid prescription under law, which has been issued by a registered medical practitioner. To place an order for such Prescription Drugs, you will mandatorily have to upload a scanned copy of the prescription. It is clarified that the term ‘registered medical practitioner’ shall be understood in the context of the Pharmacy Act and the NMC Act.
  • Upon your placing an order, the concerned Merchant will receive a notification of your order. Upon receipt of such notification, the Merchant shall ascertain the availability of stock, feasibility of the requested mode of delivery and duly conduct the checks that it is required to undertake under law, such as verifying the prescription (in case of Prescription Drugs). After that, the Merchant shall send you a notification, through the Platform, either confirming or rejecting your order. We list availability information for the Products on the Platform. Beyond what we say on the Platform, we cannot be more specific about availability. Please note that dispatch estimate is not guaranteed and should not be relied upon as such.
  • It is clarified that the acceptance of the Offer would only be completed by the Merchant after the validation/ verification of the prescription by such Merchant (in case of Prescription Drugs) and the ascertainment of the available stock with the Merchant, by way of a confirmatory email to be sent to You (“Order Confirmation/ Acceptance of Offer”). You may/shall also receive an email and/ or call and/or text message from the Company on your registered email-id/contact number containing details of your confirmed order.
  • Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
  • The confirmation notification sent to you will also state the price of the Product(s) proposed to be sold to you by the Merchant. Upon receipt of such notification of confirmation, you will be required to make payment for the Products in accordance with these Consumer
  • Upon acceptance of the Offer by the concerned Merchant (being the PepPill co-branded brick-and-mortar pharmacy) and payment by you, the Products would be dispensed at the Merchant’s pharmacy, in accordance with the terms of the order placed by you.
  • Post the Order Confirmation, the Company shall send an email to You confirming the receipt of your order and containing details of your order along with the details of the concerned Merchant (s) who may undertake the sale, and such an email is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
  • You agree and acknowledge that the property and title in the Products ordered by you shall stand immediately transferred to you upon the dispensation of Products and the raising of the invoice at the concerned Merchant. Accordingly, the sale of Products is concluded at the concerned Merchant pharmacy itself. The invoice in relation to the Products, that are required to be delivered to You shall be issued by the concerned Merchant which is to process and satisfy the order for such Products.
  • The requested Products will be directly delivered or handed over to you by the Merchant that you’ve placed the order with, and the Company does not take any responsibility with respect to the dispensing, transport or delivery of your order.
  • After you receive the Product(s) ordered by you through the Platform, you will be requested to confirm the receipt of the requested Product(s). If you do not confirm within the stipulated time, the confirmation received by us from the Merchant with respect to the delivery of the Product(s) will be considered as a confirmation of delivery and we shall have no further obligation to investigate the same.
  • If any of the Product(s) or the packaging of the Product that you have received is damaged or tampered with, you are advised not to accept such Product(s). However, in the event you do accept such a Product, you will do so at your own risk and no liability will accrue to the Company. If after opening the package you discover that the Product is damaged, the same may be returned to the Merchant or a claim for refund may be initiated by you following the process set out in paragraph 9 of these Consumer Terms.
  • Any order placed over the Platform shall be subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Consumer Terms.
  • Please note that we only permit the sale of Products in in quantities which correspond to personal consumption requirements. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product.
  • All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes. Products in your shopping cart of the Platform will reflect the most recent price as displayed on the Product’s information webpage on the Platform. Please, however, note that the prices for the Products are subject to variation and merely placing certain Products in your shopping cart or submitting a request does not reserve the price. It is also possible that a Product’s price may vary between the time you place it in your shopping cart and the price at which the offer time you place the order. The price as applicable at the time of order confirmation shall be final.
  • The status of the orders placed and delivery of the same can be tracked by you on the Platform.

 

• While placing an order with the Merchants on the Platform, you understand and accept that:
  • You shall have the option of selecting the Merchant you wish to purchase the Products from. Alternatively, you may allow the Platform to select the Merchant in closest proximity to you. In case the Merchant selected by you does not have the requisite availability of the Products, you may allow the Platform to transfer the order to another Merchant. You understand that such selection of Merchant by the Platform is an automated process, and the Company shall not be responsible for the selection of the Merchant to which the order is transferred for fulfilment.
  • The Company (i) does not recommend or endorse any Merchants registered on the Platform; and (ii) does not make any representations or warranties with respect to these Merchants or the Product(s) they may provide. The Company shall not be liable for any reason whatsoever for or the consequences of the Services provided, or Products sold by the Merchant. The authenticity and genuineness of the Products made available by the Merchant through the Platform shall be the sole responsibility of the concerned Merchants. You understand and agree that the Company shall have no liability with respect to the authenticity of the Platform being facilitated through the Platform.
  • If you wish to purchase a Prescription Drug through the Platform, you will be required to upload a scan of the original prescription for that Prescription Drug issued by a registered medical practitioner on the Platform, which will be available for viewing by the concerned Merchant. The Merchant will verify the prescription forwarded by you and in case the Merchant observes any discrepancy in the prescription uploaded by you, the Merchant will cancel the order immediately. The Company shall maintain a record of all the prescriptions uploaded by the Users.
  • Information regarding Merchants and the Services provided by them as displayed on the Platform is intended for general reference purposes only. Such information is self-reported by the relevant Merchants and may become out of date or inaccurate over a course of time. The Company does not provide any certification about any specific Merchant nor undertakes any responsibility with respect to compliance with applicable law by such Merchants in connection with its business or sale of Products through the Platform. You are encouraged to independently verify any such information you see on the Platform with respect to such Merchant that you seek to purchase Products from.
  • As a means to assist the users in identifying the Products of their choice, to the extent permitted by applicable law, we provide visual representations on the Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of accuracy of such visual representation or description of the Products.
  • The Products shall be delivered by the Merchant or independent contractors. You accept and acknowledge that the courier/ delivery personnel, engaged by the Merchant or the Company, shall be your agent for the delivery of the Products from the concerned Merchant to the address notified by you, with no control over the Products and no additional obligation apart from standard delivery obligations and duty of care.
  • The commercial/contractual terms include without limitation – price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products offered for sale by the Merchant, and after sales services related to such Products (if available/applicable) are as provided by the Merchants. The Company does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between you and the Merchant.
  • You shall upload / provide the original prescription and hereby agree to indemnify and hold harmless the Company as well as the Merchant for any loss or damage arising from your failure to comply with the aforementioned conditions and / or due to an incorrect/fraudulent medical prescription uploaded by you on the Platform.

 

5. DELIVERY LOGISTICS

 

• We make all commercially reasonable endeavours to ensure that the Products are delivered to you in a timely fashion. The user will be provided with an estimated timeline for the delivery of the Product purchased from the Platform, based on the category of Product, the location of delivery, availability of the Product and other factors that may delivery. This estimated timeline shall be notified to the user on the order confirmation page displayed at the time the order is confirmed by us. We will also share details about your orders pursuant to their dispatch on the e-mail ID and/or mobile number provided by you/ registered with us.

 

• The delivery charges of the Platform shall be communicated to you at the time of placing the order. You understand that the Delivery Charges are indicative and subject to revision. The Delivery Charge quoted to you by the Merchant at the time of order confirmation shall be the final price.

 

• You agree and acknowledge that to effectuate timely delivery of the purchased Products to you we may inquire or collect specific information like your name, shipping address, billing address, landmarks, contact details, etc. You shall ensure that all information that is submitted by you to us on the Platform is true, complete, accurate and sufficient to identify the actual place of delivery. You understand that you shall bear absolute liability in case of any failure by Us in delivering the purchased Products due to your failure to provide correct, complete, sufficient and accurate information at the time of placing the order. It is further clarified that we shall not be liable in any manner and at any point in time due to your failure to provide correct and complete information.

 

• We will attempt to deliver the purchased Product to your designated address within the estimated timeline of delivery notified to you. In the event you are not available or present to accept the delivery of the Product, we may re-attempt to deliver the purchased Product(s) to you within 3 (three) Business Days. If the third delivery attempt is unsuccessful and you continue to remain unavailable, We reserve the right to cancel the order of the purchased Products at our sole discretion and process the return of such Product to us. We further reserve the right to deduct the shipping and delivery charges borne by us while processing any refunds subsequent to such cancellation. It is clarified that for the purpose of these Consumer Terms, the term “Business Day” shall mean any day, not being a Saturday or a Sunday, or any day on which the commercial banks in Chennai are closed for business.

 

• While We/ make(s) reasonable endeavours in ensuring that purchased Products are delivered to you in a timely manner and within the timeline notified to you, you accept and acknowledge that the delivery may be delayed on account of:
  • Logistical issues beyond our control;
  • Unsuitable weather conditions;
  • Political disruptions, strikes, employee-lockouts, governmental restrictions, etc;
  • Acts of God such as floods, earthquakes, etc;
  • Other unforeseeable circumstances.

 

• In such events of delay, we shall make reasonable attempt to inform you by writing to your email ID and/or mobile number registered with us. We disclaim all liabilities that may arise on account of our failure to inform or notify you of delays in the delivery of purchased Products on the Platform. Further, we shall be under no obligation to compensate you for any claim that may otherwise arise on account of delay in the shipment or delivery or use of the purchased Products.

 

• We endeavour to engage employees and agents with the highest regard for ethics and integrity; and behave in a fashion that exudes thorough professionalism, competence and good mannerism. Since we are merely facilitating delivery of a Product purchased by you, we shall not be liable for any acts or omissions on part of our delivery agents, employees, or personnel including deficiency in service, wrong delivery of Product, time taken to deliver the Product, Product package tampering, etc. For the sake of abundant clarity, it is stated that any ill-mannerism, impoliteness, discourtesy or offensiveness shown by our delivery executives is beyond our control and any issue arising between you and our delivery executive will have to be resolved by you independently. You agree and acknowledge that you will not hold us responsible or require us to settle, mediate or resolve any disputes between you and the delivery personnel delivering the Products to you.

 

• Once you place an order on the Platform, We process such order and hand over the purchased Product to our delivery executive. Our customer service team coordinates with the delivery executive to ensure that the Products are delivered to you at the earliest and make all reasonable efforts in ensuring that the delivery executive update the tracking status of the purchased Products on a real time basis. It is clarified that we engage third party service providers to effectuate deliveries of the Products and hence, we do not guarantee the accuracy or correctness of the tracking status and the status may be subject to inconsistencies arising out of time-lags in updating the information and/ or other technical difficulties which are not in our control.

 

• We reserve the right to charge or collect shipping fees on Products from time to time. Shipping charges may vary based on the value of the Product, type of Product, area of delivery, payment mechanism, etc. In the event we charge a shipping fee for the delivery of a purchased Product, such shipping fees will not be refunded by us pursuant to any return request raised by you. However, we may make exceptions and refund the shipping fees in the event a defected, damaged, deficient or incorrect Product (for reasons attributable to, and accepted by Us after due verification in our sole discretion) has been delivered.

 

• On receipt of request for return of Product on the Platform and the same being duly acknowledged by us, we shall get in touch with you in order to collect the purchased Products from you. We process returns and exchanges of purchased Products in accordance with our Cancellation, Return and Refund Policy as set out in Annexure B. You may direct any queries or concerns relating to the shipping and delivery of Products as per this Policy to our customer support team who can be contacted at the below mentioned details:

 

Customer Support Team

Phone: +91 75500 47355

Email: support@peppill.com

 

6. REPRESENTATIONS AND WARRANTIES

 

By using the Platform, you represent and warrant that:

 

• You are 18 (eighteen) years of age or older, competent to contract (as per the Contract Act) and that your use of the Platform will not violate any applicable law or regulation and that your use of the Platform does not breach any applicable Platform policies or guidelines and will not cause injury to any person or entity.

 

• All information provided on the Platform by you is true, up-to-date, factual and accurate and you agree to maintain the accuracy of such information.

 

• You will not use the account of another user without such user’s express consent, which shall be made available to the Company if the Company so requires.

 

• You shall not create or register more than one account in your name on the Platform.

 

• You will use the Platform for a lawful purpose only and will not undertake any activity that is harmful to the Company or the Platform or its content or otherwise not envisaged through the Platform. You have a limited license to access and use the Website, solely for the purpose of availing the services, subject to these Terms.

 

• You shall not provide a prescription in the Platform (as and when applicable) which is fraudulent, unauthorized or in any way tampered or doctored.

 

7. CONDITIONS OF USE FOR USERS AND THIRD-PARTY SERVICE PROVIDERS

 

• Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Platform. Notwithstanding the foregoing, if you are below the age of 18 (eighteen) years, you may avail the services provided by the Platform, through your legal guardian in accordance with the applicable laws. Company reserves the right to terminate your membership and / or refuse to provide You with access to the Platform if it is brought to Company’s notice or if it is discovered that you are under the age of 18 (eighteen) years.

 

• The Products shall also not be available to any users suspended or removed from the Company’s system for any reason whatsoever. If you do not conform to the above qualifications, you will not be permitted to place an order for the Products through the Platform. Company reserves the right to refuse access to use the services offered on the Platform to new users or to terminate access granted to existing users at any time without according any reasons for doing so and you shall have no right to object to the same.

 

• You shall use this Platform for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Platform.

 

• Each User and Third-Party Service Provider covenants that it will not:
  • Modify any content of the Platform;
  • Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, etc.) to navigate or search the Platform;
  • Introduce any trojans, viruses, any other malicious software, any bots or scrape the Platform for any information;
  • Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
  • Hack into or introduce malicious software of any kind onto the Platform; Decompile, reverse engineer, or disassemble the content;
  • Use the Platform in any way that is unlawful, or harms the Company or any other person or entity, as determined at the sole discretion of the Company;
  • Make false or malicious statements about the Services being offered to you or the Platform or the Company;
  • Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contains a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform and / or the Service;
  • Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
  • Post or upload any content that:
    • (i) belongs to another person and to which you do not have any rights over
    • (ii) is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, 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
    • (iii) may harm minors in any way
    • (iv) infringes any patent, trademark, copyright or other proprietary rights
    • (v) violates any law for the time being in force
    • (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
    • (vii) results in impersonation of another person
    • (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or insults any other nation.
    • (ix) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

 

• Delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

 

• You understand and acknowledge that the Platform use temporary cookies (or similar technology) to store certain data (that is not sensitive personal data or information) that is used by the Company for the technical administration of the Platform, research and development, and for user administration. In the course of serving advertisements or optimizing services to you, the Company may allow authorized third parties to place or recognize a unique cookie on the you browser. The Company does not store personally identifiable information in the cookies.

 

8. PAYMENT AND FEES

 

• Your use of the Platform shall be free of cost; however, if you wish to purchase the Product(s) from the Merchants on our Platform, you shall make payment for such Product(s) on the options available on the Platform.

 

• In order to process the payments, the Company might require certain personal information of the User’s/ Third Party Service Providers’ bank account, credit card number etc. Please check our Privacy Policy on how the Company deals with the personal information provided by Users.

 

• If you are using any third-party payment gateway platform to make a payment to the Merchant, you will be subject to the terms and conditions governing such third-party payment gateway platform. Once your transaction has been processed by the third-party payment gateway platform, you will receive an email from us notifying you of your order having been successfully placed. You acknowledge that the relationship between us and the third-payment gateway platform is a principal-to-principal relationship and that we will not be liable for any damages, losses or expenses incurred by you relating to any act(s) or omission(s) of the payment gateway platform.

 

9. REFUND AND CANCELLATION

 

• Cancellation of an order by a Merchant: A Merchant may cancel your order at any time:
  • If in the case of a Prescription Drugs, you have not provided a legally valid prescription to the Merchant, or in the opinion of a Merchant, the prescription you have provided is forged, or illegible or not in compliance with applicable law;
  • If the Merchant does not have in its inventory the Product(s) specified in your order at the time the order is supposed to be delivered; or
  • If the Merchant is of the reasonable opinion that you are (i) purchasing the Product(s) for resale; or (ii) the quantity requested is excessive or beyond what is permitted to be sold under law;
  • Without providing any reason for doing so, provided that if you have already made payment for such order, the amount paid shall be refunded to you in full.

 

• Cancellation by you: You shall be permitted to cancel an order placed by you prior to the dispatch or delivery of any of the Product(s) specified in your order from the premises of the concerned Merchant.

 

• Refund and returns: Subject to the provisions of these Terms and in the limited circumstances mentioned in the Cancellation, Returns and Refund Policy as set out in Annexure B hereunder, you may request for a return of the Products purchased by you and a refund of the payment made by you. In this context ‘return’ shall mean the act of returning the Product(s) specified in your order placed on the Platform, to the concerned Merchant. ‘Refund’ shall mean the transfer of the consideration paid by you for your order on the Platform (subject to deduction of processing fees and/or delivery charges if applicable) by the concerned Merchant to you.

 

• Deactivation and Termination
  • Deactivation of account by the Company:  The Company reserves the right to temporarily suspend or permanently deactivate your account, cancel any or all orders and restrict you from using the Platform and other affiliated services without any notice to you and without any liability, and to pursue any other remedy available under law:
  • If you breach any provision of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
  • If you provide any information that is false, inaccurate or incomplete (or becomes false, inaccurate or incomplete), or the Company has reasonable grounds to suspect that such information is false or inaccurate;
  • If, in the opinion of the Company, you are using the Platform for unlawful purposes;
  • If you allow any third party to use your account or it comes to your knowledge that a third party is using your account and you do not intimate the Company of such unauthorized use within a reasonable time;
  • If the Company is required to do so by law;
  • If the Company becomes aware of you providing or attempting to provide a fraudulent or illegal prescription to a Merchant;
  • Any suspected illegal or fraudulent activity on your part; or
  • For any other reason whatsoever.

 

• Upon suspension or termination of your account, your right to avail the Services and access to the Platform as a user will immediately cease. You agree to indemnify the Company and its affiliates for all claims brought by a third party.

 

• The Customer Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Platform; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.

 

• You agree that all terminations shall be made in Company’s sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your account information), or Your access to the Platform and the services offered thereunder.

 

10. LINKS TO THIRD PARTY WEBSITES AND USE OF THIRD-PARTY SERVICES

 

• The Platform may include links to other websites or Platforms whose terms and privacy practices may differ from those of the Company. The inclusion of a link does not imply any endorsement by the Company of any such third party, the third-party website or Platform, or the information on the third-party website or Platform. If You access or submit personal information to any of those websites or Platforms, such access and information shall be governed by the terms of use and privacy policies of such third-party websites or Platforms, as the case may be, and the Company disclaims all responsibility or liability with respect to these terms, policies or the websites or Platforms. The users are encouraged to carefully read the terms and privacy policy of any website and Platform that they visit.

 

• All communication between you and any third-party service provider is a separate transaction between you and such third-party. Any liability or claim arising out of such third party services availed by you shall be between you and such third party. The Company disclaims any liability that may arise out of your communication, avails of services (including but not limited to deficiency, shortcoming, and inaccuracy) with such third parties.

 

11. INDEMNITY

 

• You hereby agree to indemnify, defend, and hold harmless the Company, including but not limited to the Company’s agents, affiliates, representatives, authorized users, directors, employees, and assigns from and against any and all losses, damages, claims, liabilities, demands, expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) and costs asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Customer Terms.

 

• Further, You agree to hold Company harmless against any claims made by the Merchant or any third party due to, or arising out of, or in connection with, Your use of the Platform, any claim that Your material caused damage to a third party, Your violation of the Customer Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company’s entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or Product or service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform, services or materials.

 

• The Company is not responsible for any non-performance or breach of any contract entered into between Users and Merchants or third-party service providers. The Company cannot and does not guarantee that the concerned Users and/or third-party service providers will perform any transactions that are entered into on the Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and third-party service providers. Company does not, at any point of time during any transaction between Users and third-party service providers on the Website come into or take possession of any of the Products or services offered by third party service providers nor does it at any point gain title to or have any rights or claims over the Products or services offered by third party service providers to Users.

 

12. DISCLAIMERS

 

• You understand that:
  • The Company does not make any representation or warranty as to legal title of the Products offered for sale by the Merchant on the Platform.
  • At no time shall any right, title, claim or interest in the products sold through or displayed on the Platform vest with the Company nor shall we have any obligations or liabilities in respect of any transactions on the Platform. You agree and acknowledge that the ownership of the inventory of such Products shall always vest with the Merchant, who is advertising or offering them for sale on the Platform and is the ultimate sellers.
  • You agree and acknowledge that the Merchant shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Merchant does not have the sole and exclusive legal ownership over the Products that have been offered for sale on the Platform by such Merchant, or did not have the absolute right, title and authority to deal in and offer for sale such Products on the Platform.

 

• The Company and the Platform merely provide hosting and technology intermediary services to you and persons browsing/visiting the Platform. All items offered for sale on the Platform, and content (including product descriptions, images and the like) made available by the Merchant, are TPC and describe third-party products and services.

 

• The authenticity, accuracy or genuineness of the Products and Services made available by the Merchant through the Platform shall be the sole responsibility of the Merchant. The Company shall have no liability with respect to the authenticity of the Products being facilitated through the Platform. The Company does not make any representation or warranty as to legal title of the Products offered for sale by the Merchant on the Platform. The right, title, claim or interest in the products sold through the Platform shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Platform.

 

• The Company is not responsible for delayed performance, non-performance or breach of contract entered into between you and the Merchant for purchase and sale of goods or services offered by such Merchant on the Platform.

 

• The Company gives no guarantee that the concerned Merchant will perform any transaction concluded on the Platform. The Company is not responsible for the Product(s) and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Platform at the time of placement of order by You.

 

• You acknowledge that we are an online aggregator of pharmacies, and our role is limited to maintaining an online platform which connects you with Merchants. Accordingly, we expressly disclaim any and all liability arising from or in connection with:
  • (a) Any Product(s) offered for sale or sold on the Platform;
  • (b) Any express or implied warranties, including any warranties regarding the merchantability or functionality or usage or quality of the Product(s);
  • (c) Any contravention of any applicable law by the Merchant;
  • (d) The effectiveness, usefulness or accuracy of description of the Product(s);
  • (e) Any infringement of intellectual property rights/third-party intellectual rights of the Product(s) by the Merchant; Any harm, illness or any other medical condition(s) developed by you as a result of any Product(s) purchased through the Platform;
  • (f) Any incorrect or excessive pricing of the Product(s);
  • (g) Any incorrect dosage of the Product(s) delivered to you by the Merchant;
  • (h) Any erroneous or inaccurate Product(s) delivered to you as a substitution to the Product(s) being requested for in your order;
  • (i) Any issue pertaining to dispensing or delivery of the Product(s) that are required to be delivered to you by the Merchant;
  • (j) Any delay by the Merchant in delivering the Product(s) to you;
  • (k) Any change in any information communicated to the Company by any Merchant;
  • (l) Any misrepresentation, fraudulent or illegal act(s) by a Merchant;
  • (m) Any use of any third-party link on the Platform, including any loss suffered while using a payment gateway platform on the Platform; and
  • (n) Any misuse or modification of any TPC.

 

• The Company is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Merchant for purchase and sale of goods or services offered by such Merchant on the Platform;

 

• The Merchant(s) are solely responsible for ensuring that the Product(s) offered for sale on the Platform are kept in stock for successful fulfilment of orders received. Consequently, the Company is not responsible if the Merchant does not satisfy the contract for sale of Product(s) which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Platform at the time of placement of order by you.

 

• The Company shall not and is not required to mediate or resolve any dispute or disagreement between you and the Merchant. In particular, the Company does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Platform. The Company shall, on a request in writing made by you after the purchase of any Product(s) on the Platform, provide you with information regarding the Merchant from which you have made such purchase, including the principal geographic address of its headquarters and all branches, name and details of its website, its email address, and any other information necessary for communication with the Merchant for dispute resolution.

 

13. LIMITATION OF LIABILITY

 

• Pursuant to paragraph 12 and other provisions contained above, you acknowledge and undertake that you are accessing the Services through the Platform, transacting at your own risk and are using your best and prudent judgment before entering into any transaction or availing any Service(s) through the Platform. Under no circumstances will the Company be liable to you for any harm, loss, or damage, either to your person or property, caused due to and/or as a result of your use of the Services.

 

• The Company shall not be responsible or liable in any manner to the Users or any Third-Party Service Providers for any losses, damage, injuries or expenses incurred by them as a result of any disclosures made by the Company, where such Users/ Third-Party Service Providers have consented to the making of such disclosures by the Company. If the Users/ Third-Party Service Providers had revoked such consent under the terms of the Privacy Policy, then the Company shall not be responsible or liable in any manner to them for any losses, damage, injuries or expenses incurred by them as a result of any disclosures made by the Company prior to its actual receipt of such revocation.

 

• Users/ Third-Party Service Providers shall not hold the Company responsible or liable in any way for any disclosures by the Company under any law including Regulation 6 of the Data Protection Rules.

 

• To the fullest extent permitted by law, under no circumstances will the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from any circumstances, including:
  • Your use or inability to use the Platform;
  • Unauthorized access to or alteration of your transmissions or data; or
  • Any other matter relating to the Platform and / or Service.

whether or not foreseeable, OR whether or not the Company has been advised of the possibility of such damages.

 

• We shall neither be liable nor responsible for any actions or inactions of the other users of the Platform nor any breach of conditions, representations, or warranties by the Merchants. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other users of the Platform, including the Merchants.

 

• Further, none of the directors, officials or employees of the Company shall be personally liable for any action in connection with the Platform or the Services.

 

• In no event shall the total aggregate liability of the Company or its directors, employees or officials to any parties including users and Third Party Service Providers for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms or any other parties’ use of the Platform exceed the amount of platform fee and shipping fee (if any) paid by you to the Platform for the last delivery or the amount paid by such parties to the Company for availing its Services, whichever is lesser.

 

14. ACCESS OUTSIDE REPUBLIC OF INDIA

 

• You acknowledge that the Services shall not be available to users located outside India. The Company makes no representation that the content contained on the Platform is appropriate to be used or accessed outside the Republic of India. If the users use or access the Platform from outside the Republic of India, they do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may it be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.

 

15. GOVERNING LAWAND JURISDICTION

 

• These Terms and Privacy Policy are transactions entered and the relationship between you and the Company shall be governed in accordance with the laws of India without reference to any conflict of law principles. You agree that subject to Paragraph 15 below, courts at Chennai, India shall have exclusive jurisdiction over any disputes arising under or in connection with your use of the Platform.

 

16. ARBITRATION

 

• Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the Agreement to arbitrate, or to your use of the Platform or the Service or information to which it gives access, will be determined by arbitration in India, before a sole arbitrator. Arbitration will be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration will be Chennai. All proceedings of such arbitration, including, without limitation, any awards, will be in English language. The award will be final and binding on the parties.

 

17. SEVERABILITY

 

• If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from the Agreement and the remainder of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its Terms; provided however that, in such an event, the Agreement will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

 

18. AMENDMENT

 

• These Customer Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms as available on the Platform. Your relationship with the Platform will be governed by the most current version of these Terms, as published on the Platform.

 

19. NOTICES

 

• All notices and other communications required or permitted hereunder to be given to a party will be in writing, in English language, and will be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party would have furnished to the other party in writing in accordance with this provision:

 

• If to Company:

Dosemeds Technologies Private Limited

143/6c Eswaran Street, 3rd Floor, Karapakkam, Chennai – 600097, Tamil Nadu, India

Email: legal@peppill.com
Ph: +91-9176011853

 

• If to you:At the email address provided by you to us when you register on this Platform.

 

20. REPORT ABUSE

 

• In the event you come across any abuse or violation of the Terms or if you become aware of any objectionable content on the Platform, please report it to legal@peppill.com.

 

21. PRIVACY POLICY

 

• You confirm that you have read, fully understand and accept the Privacy Policy.

 

22. NEWSLETTERS AND COMMUNICATIONS

 

• You hereby expressly agree to receive communications and newsletters from the Company by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from the Company at any time by following the procedure set forth in the Platform.

 

23. GRIEVANCE OFFICER:

 

• If you have any grievance with respect to the Platform or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

 

Palani Perumal

Dosemeds Technologies Private Limited

143/6c Eswaran Street, 3^rd Floor

Karapakkam, Chennai – 600097, Tamilnadu, India

Email: grievance@peppill.com

Ph: +91-9176011853

 

24. WAIVER

 

• No term of the Agreement will be deemed waived and no breach excused, unless such waiver or consent be in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

 

25. FORCE MAJEURE

 

• We will not be responsible for any delay or failure to comply with our obligations under the Agreement if the delay or failure arises from any reason which is beyond our reasonable control.

 

26. ELECTRONIC RECORD

 

• This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Platform.

 

27. COMPLETE UNDERSTANDING

 

• The Agreement contains the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.