TownPharma Terms and Conditions

TERMS AND CONDITIONS OF USE OF TOWNPHARMA WEBSITE, TOWNPHARMA ANDROID APP AND ALL TOWNPHARMA SERVICES (COLLECTIVELY REFERRED TO AS THE INTERNET BASED TOWNPHARMA PLATFORM OR SERVICES)

PLEASE READ THESE TERMS OF USE CAREFULLY BY ACCESSING OR USING THIS INTERNET BASED PLATFORM AND THE SERVICES PROVIDED THROUGH THIS INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE TOWNPHARMA PLATFORM OR AVAIL ANY SERVICES PROVIDED THROUGH THIS INTERNET BASED PLATFORM.

GENERAL TERMS OF USE

1. The domain name www.TownPharma.com, an internet-based portal, the TOWNPHARMA android app are owned and operated by Omni Tech Solutions and Services, a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as “TOWNPHARMA” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.
2. Your access or use of the Website, transacting on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or “Customer” or the “User”) on one part and TOWNPHARMA on the other Part.
3. By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), 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 Website, 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 of Use. However, if You navigate away from the Website to a Pharmacies 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.
4. The arrangement between the Pharmacies, You and TOWNPHARMA shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time. The Services are offered to You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for the Services offered for sale on the Website. To facilitate the relation between You and the Pharmacies through the Website, TOWNPHARMA shall send to You promotional content including but not limited to emailers, notifications and messages and may share your contact data with the Pharmacies.
5. You agree and acknowledge that the Website is a platform that You and Pharmacies utilize to meet and interact with another for their transactions. TOWNPHARMA is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Pharmacies.
6. TOWNPHARMA reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.
7. As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to TOWNPHARMA that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
8. These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
   
   1. the Indian Contract Act, 1872 (“Contract Act”);
   2. the (Indian) Information Technology Act, 2000 (“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 (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
   3. the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
   4. the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
   5. The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
   6. Pharmacy Act, 1948 (“Pharmacy Act”) and
   7. he Consumer Protection Act, 1986.
9. TOWNPHARMA authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Pharmacies’ content (“Pharmacy Content”) as well as in-house content provided by TOWNPHARMA including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“TOWNPHARMA Content”) (collectively, “Content”). The Content is the property of TOWNPHARMA, or Pharmacies as applicable and is protected under copyright, trademark and other applicable law(s). You shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
10. Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
11. These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. ELIGIBILITY FOR USE OF WEBSITE AND / OR SERVICES

1. For the purposes of availing the Services and/or transacting with the Pharmacies through the Website, You are required to obtain registration, in accordance with the procedure established by TOWNPHARMA in this regard. As part of the registration process, TOWNPHARMA may collect the following personal information from You:
   
   1. Name;
   2. User ID;
   3. Email address;
   4. Address (including country and ZIP/ postal code);
   5. Gender;
   6. Age;
   7. Phone number;
   8. Password chosen by the User;
2. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to TOWNPHARMA that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
3. A registered id can only be utilized by the person whose details have been provided and TOWNPHARMA does not permit multiple persons to share a single log in/ registration id. However, a registered user, being either the parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind or being authorised by another natural person, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
4. Organizations, companies, and businesses may not become registered members on the Website, unless authorised to do the same by Us or use the Website through individual members.
5. You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify TOWNPHARMA if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
6. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by TOWNPHARMA for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, TOWNPHARMA may allow authorized third parties to place or recognize a unique cookie on the Your browser. TOWNPHARMA does not store personally identifiable information in the cookies.

3. OTHER TERMS

1. Your Profile, Collection, Use, Storage and Transfer of Personal Information:
   
   1. Your TOWNPHARMA profile is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.
   2. Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your TOWNPHARMA record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. TOWNPHARMA reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for TOWNPHARMA’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
   3. The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”).
      
      1. The Privacy Policy sets out:
         
         1. the type of information collected from Users, including sensitive personal data or information;
         2. the purpose, means and modes of usage of such information; and
         3. how and to whom TOWNPHARMA will disclose such information.
      2. The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
         
         1. the fact that the information is being collected;
         2. the purpose for which the information is being collected;
         3. the intended recipients of the information;
         4. the name and address of the agency that is collecting the information and the agency that will retain the information; and
         5. the various rights available to such Users in respect of such information.
   4. TOWNPHARMA shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to TOWNPHARMA or any other person acting on behalf of TOWNPHARMA.
   5. The use of the Website involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by TOWNPHARMA from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
   6. The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify TOWNPHARMA of any actual or suspected unauthorized use of the Users’ account or password.
   7. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or TOWNPHARMA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TOWNPHARMA shall have the right to suspend or terminate such account at its sole discretion.
   8. TOWNPHARMA may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. The SPI Rules only permit TOWNPHARMA to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by TOWNPHARMA as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between TOWNPHARMA or any person on its behalf and the user or where the User has consented to data transfer.
   9. By accepting these Terms of Use and by registering on the Website, Android App or through call Centre . You consent to be contacted by Us and by the Pharmacies and You further consent to receive emails and messages (SMS) notifications and information at any time from Us and from Pharmacies.
2. Payment, Fees and Taxes:
   
   1. Registration on the Website and the access to the information provided on the Website is free. TOWNPHARMA does not charge any fee for accessing, browsing and buying through the Website. You agree and acknowledge that You shall not hold TOWNPHARMA responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz the collection agents or for any actions/ omissions which are beyond the control of TOWNPHARMA.
   2. Each User / Pharmacies are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. TOWNPHARMA is in no way responsible for any of the taxes except for its own income tax.
   3. The subscription fees for the Services, if any charged by TOWNPHARMA, could be paid online through the facility made on the Website or Online payment link. TOWNPHARMA is not responsible for any loss or damage caused to User/ Pharmacies during this process as these third parties are beyond the control of TOWNPHARMA. The fees could also be paid offline and be either collected personally from the User/ Pharmacies or required to be mailed to TOWNPHARMA at the following address: support@townpharma.com
   4. All fees are exclusive of applicable taxes.
   5. TOWNPHARMA reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
   6. In order to process the payments, TOWNPHARMA might require details of User’s/ Pharmacies’ bank account, credit card number etc. Please check Our Privacy Policy on how TOWNPHARMA uses the confidential information provided by Users.
3. Return, Refund, Cancellation and Shipping charges:
   
   1. We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.

4. COVENANTS

1. Covenanters for the purposes of these terms of use shall include the users and the Pharmacies
2. Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –
   
   1. belongs to another person and to which the such Covenanter does not have any right;
   2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
   3. infringes any patent, trademark, copyright or other intellectual proprietary rights of any Pharmacies;
   4. violates any law for the time being in force;
   5. impersonates another person;
   6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
   7. is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
   8. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
3. You are also prohibited from:
   
   1. violating or attempting to violate the integrity or security of the Website or any TOWNPHARMA Content;
   2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by TOWNPHARMA;
   3. intentionally submitting on the Website any incomplete, false or inaccurate information;
   4. making any unsolicited communications to other Covenanters;
   5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
   6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
   7. copying or duplicating in any manner any of the TOWNPHARMA content or other information available from the Website; and
   8. framing or hotlinking or deep-linking any TOWNPHARMA Content.
4. TOWNPHARMA, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms of Use. TOWNPHARMA shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5. In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, TOWNPHARMA has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.

5. LIABILITY

1. TOWNPHARMA shall not be responsible or liable in any manner to the Users or any Pharmacies (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by TOWNPHARMA, where Other Parties have consented to such disclosures.
2. The Services provided by TOWNPHARMA or any of its licensors or providers or Pharmacies are provided ‘as is’ and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). TOWNPHARMA does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. TOWNPHARMA to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the TOWNPHARMA Content, Pharmacies Content, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
3. The Website may be linked to the website of third parties and TOWNPHARMA has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that TOWNPHARMA endorses the linked website. Other Parties may use these links services at their own risk.
4. TOWNPHARMA shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; TOWNPHARMA shall not be responsible for any error in any of the services being provided by the Pharmacies.
5. The listing of Pharmacies on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Indemnified Parties (as defined herein below) be liable or responsible for the listing order of Pharmacies on the Website.
6.  To the maximum extent permitted by applicable law(s), TOWNPHARMA, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Indemnified Parties ”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
7. In no event shall the Indemnified Parties be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Pharmacy to any User; or (ii) any comments or feedback given by any of the Users; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Pharmacies or other person on or through the Website.
8. All liabilities arising out of any wrong assessment of medical condition and inappropriate handling by the Healthcare professionals and/ or arising from the e-prescription will be of the concerned Healthcare professionals ( Home Care Centres, Nursing and Wellness Professionals). Further, all liabilities arising out of any wrong diagnosis report by the Pharmacies Diagnostic Labs and Radiology Clinics and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Pharmacies Diagnostic Labs and Radiology Clinics or the Pharmacies Medicine Vendor as the case may be.
9. The Users may share their previous medical history during interaction with the Healthcare professionals. TOWNPHARMA reserves the right to retain such information for the purpose of providing Services to the Users.
10. The Users acknowledge that the Indemnified Parties merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Indemnified Parties be held liable for any of the losses attributable to Services offered through the Website.
11. In no event shall the total aggregate liability of the Indemnified Parties to any Other Parties 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 of Use or any Other Parties’ use of the Website exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). TOWNPHARMA accepts no liability for any errors or omissions on behalf of the Other Parties.
12. In no event shall the Indemnified Parties be liable for failure on the part of the Users or Pharmacies to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Indemnified Parties be liable for any comments or feedback given by any of the Users in relation to the services provided by a Pharmacies.

6. INDEMNITY

1. You agree to defend, indemnify and hold harmless TOWNPHARMA, the Indemnified Parties , independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.

7. MODIFICATION OF WEBSITE

1. TOWNPHARMA reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that TOWNPHARMA will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

8. INTELLECTUAL PROPERTY RIGHTS

1. All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The content on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means.

9. COMPLIANCE OF APPLICABLE LAW

1. While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the provisions of the applicable laws.

10. TERMINATION

1. Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and TOWNPHARMA
2. The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
3. In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by closing their TOWNPHARMA accounts for all of the Services that they use.
4. TOWNPHARMA reserves the right to, either partly or fully, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Pharmacies or the Other Parties as a whole, if there is:
   
   1. Breach or intended breach any of applicable law(s), or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time); or
   2. TOWNPHARMA is unable to verify or authenticate any information provided to TOWNPHARMA by Other Party(s); or
   3. TOWNPHARMA believes, in its sole discretion, that Other Party(s) actions may cause legal liability for TOWNPHARMA (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives); or
   4. Requirement to do so by law; or
   5. If Other Party(s) fail to provide (or revoke) the consents necessary or desirable for TOWNPHARMA to provide the Services; or
   6. Provision of the Services is in TOWNPHARMA’s opinion, no longer commercially viable; or
   7. TOWNPHARMA decides to discontinue, in part or in full, with or without reason, access to the Website or the Services.
5. TOWNPHARMA may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Such termination or suspension of Other Party(s) account may include: (i) removal of access to all offerings within the Website or Services; and (ii) barring from further use or access of the Website or Services.
6. Once terminated or suspended (temporarily or permanently), Other Party(s) may not use the Website under the same account, a different account or re-register under a new account.
7. Upon any termination of these Terms of Use, TOWNPHARMA may, unless prohibited by law, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information.
8. The right to terminate/ suspend is in addition to, and without prejudice to, TOWNPHARMA’s right to initiate appropriate legal action against the Other Party(s), in accordance with applicable law.

11. FORCE MAJEURE

1. Neither Party shall be liable for any loss or damage caused as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of a Party), or any other delay or default or deficiency or failure which arises from causes beyond a Party’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, a Party, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

12. GOVERNING LAW AND DISPUTE RESOLUTION

1. These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Pharmacies access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Hyderabad. All disputes will be subject to arbitration at Hyderabad in English by a sole arbitrator appointed by TOWNPHARMA under the Arbitration and Conciliation Act, 1996

13. SURVIVAL

1. Even after termination, obligations of a continuous nature, such as, but not limited to, mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

14. SEVERABILITY

1. If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

15.WAIVER

1. No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by TOWNPHARMA. Any consent by TOWNPHARMA to, or a waiver by TOWNPHARMA of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

16. HEADINGS

1. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.

17.CONTACT INFORMATION

1. If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at support@townpharma.com. If any Other Party(s) has any questions concerning TOWNPHARMA, the Website, these Terms of Use, or anything related to any of the foregoing, TOWNPHARMA can be reached at the following email address support@townpharma.com.

18. LISTING OF PHARMACIES

1. TOWNPHARMA’s algorithm for listing of Pharmacies is a fully automated system that lists the Pharmacies, their profile and information regarding their Practice on its Website. These listings of Pharmacies do not represent any fixed objective ranking or endorsement by TOWNPHARMA. TOWNPHARMA will not be liable for any change in the relevance of the Pharmacies on search results, which may take place from time to time. The listing of Pharmacies will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the algorithm. TOWNPHARMA in no event will be held responsible for the accuracy and the relevancy of the listing order of the Pharmacies on the Website
2. TOWNPHARMA collects, directly or indirectly, and displays on the Website, relevant information regarding the Pharmacies listed on the Website, such as their professional degree, specialization, qualification, fees, location, visiting hours, and other details. TOWNPHARMA takes reasonable efforts to ensure that such information is updated at frequent intervals. Although TOWNPHARMA screens and vets the information submitted by the Pharmacies, it is not liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
3. The Services provided by TOWNPHARMA are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). TOWNPHARMA does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. TOWNPHARMA does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, TOWNPHARMA disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by TOWNPHARMA or any User in relation to any User or services provided by such User.
4. The Website may be linked to the website of Pharmacies, affiliates and business partners. TOWNPHARMA has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that TOWNPHARMA endorses the linked site. User may use the links and these services at User’s own risk.
5. TOWNPHARMA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
6. If TOWNPHARMA determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, TOWNPHARMA reserves the right to immediately suspend your access to the Website or any of your accounts with TOWNPHARMA and makes such declaration on the website alongside your name/your clinic’s name as determined by TOWNPHARMA for the protection of its business and in the interests of Users. You shall be liable to indemnify TOWNPHARMA for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected TOWNPHARMA or its Users.
7. The User shall be bound by the jurisdiction as contained in these Terms and Conditions hereunder, at all times, irrespective of the location they may be consulting with Practitioners online.
8. The User shall indemnify and hold harmless TOWNPHARMA and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.

19. PRIVACY POLICY

1. Collection of Personally Identifiable Information and other Information
   When you use TOWNPHARMA Platform, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our TOWNPHARMA Platform to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
   In general, you can browse the Website without telling us who you are or revealing any personal information about you. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the TOWNPHARMA Platform. You always have the option to withdraw the consent, we have the option not to provide services for which the said information was sought. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve you. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.
   If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
   If you send us personal correspondence, such as emails or letters, or if other Users or Pharmacies send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.
   We collect personally identifiable information (email address, name, phone number) from you when you register and create an account with us. We use your contact information to send you offers based on your previous orders and interests.
2. Use of Demographic / Profile Data / User Information
   We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide to you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize user experience; detect and protect you against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
   In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our Users’ activity on our Website.
   We maintain standard call and IP logs that record data about all Users who call us and/or access our Website. We store this information for providing services and as an analysis tool. All call logs are stored securely, and may only be accessed by our employees or designees on a need-to-know basis for a specific purpose. We use call log information to help provide our members the efficient services under this membership. We collect the IP address of all visitors to the Website.
   We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.
   We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like pin code, age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.
   Cookies
   A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given User. We place both permanent and temporary cookies in your computer’s hard drive. The cookies do not contain any of your personally identifiable information.
   We use data collection devices such as “cookies” on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety.
   We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Website and you may be required to re-enter your password more frequently during a session.
   Additionally, you may encounter “cookies” or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties.
3. Sharing of personal information
   We may share personal information with our other corporate entities and affiliates to provide services to you, to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.
   We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, Pharmacy rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a Pharmacy; or protect the rights, property or personal safety of you or the general public.
   We and our affiliates will share / sell some or all of your personal information with another business entity in such instances where we (or our assets) plan to merge with, or be acquired by that business entity, or opt for re-organization, amalgamation, restructuring of business. Should that restructuring occur the buyer/ seller is obliged to adhere to then Privacy Policy for use of TOWNPHARMA Platform.
4. Security Precautions
   Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
   Unfortunately, no method of transmitting or storing data can be guaranteed to be 100% secure. As a result, although we strive to protect your personal information, we cannot ensure the security of any information you transmit to us through, or in connection with the Site. If you have reason to believe that your interaction with us is no longer secure (for say, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below.
5. Communications
   You consent to receive/ communicate data, information, updates from TOWNPHARMA regarding the Services, through valid modes of communication which includes but not limited to emails, messages etc. We provide you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of the Empanelled Associate, and from us in general, after setting up an account.
   If you wish to remove your contact information from all TOWNPHARMA lists and newsletters, please write to support@townpharma.com
6. Advertisements on Website
   We use Pharmacy advertising companies to serve ads when you visit our Website. These companies may use information (not including username, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
7. User Consent
   By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website in accordance with this Privacy Policy, including but not limited to your consent for sharing your information as per this privacy policy.
   If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
8. Messages & Transactions
   Comments or questions sent to us using e-mail or secure messaging forms will be shared with our staff and Empanelled Associates who are most able to address your concerns. We will archive your messages once we have made our best effort to provide you with a complete and satisfactory response. When you use a service on the secure section of the Website or interact directly with our staff or Associates, some information you provide may be documented in your medical record, and will be available for use as a future guide for your treatment as a patient.
9. Data Integrity & Correction
   We request all the members to update us on any and all the changes that are documented in Electronic Health Records (“EHR”) at any point of time either through calling us/ email/post. We also encourage you to login into your account to view your personal information and EHR and advise us of any changes to be made.
   Although we attempt to ensure the integrity and accuracy, we make no guarantees as to correctness or accuracy of EHR. It is possible that the EHR could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the EHR by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected.
10. Contact us
    If you have any questions or grievances about this Privacy Policy please feel free to Contact Us at support@townpharma.com.

CANCELLATION & REFUND POLICY

 Policy for Services (Other than e-Wellness and Packages)

Refund Process:

1. For Refund intimation, please visit us at www.TownPharma.com or email us at support@townpharma.com.
2. TOWNPHARMA customer care team will verify the claim made by the customer within 72 (seventy-two) business hours from the time of receipt of complaint.
3. Once the claim is verified as genuine and reasonable, TOWNPHARMA will initiate refund process with associated Pharmacies.
4. TOWNPHARMA refund is only applicable to payments directly made to TOWNPHARMA. In scenario, where payments are made to Pharmacies, TOWNPHARMA will facilitate the refund process but is not directly or in-directly responsible or guarantee the refund.
5. Customer must retain the invoice till completion of refund process.

Refund Process – Transaction:

In all the above cases, if the claim is found to be valid, Refund will be made as mentioned below:

1. Order placed through cash on delivery will be refunded through fund transfer to customer bank account.
2. Refund if any, will be initiated within 10 (Ten) working days from date of receipt of the returned products by TOWNPHARMA.

While we regret any inconvenience caused by this time frame, it is the bank’s policy that delays the refund timing and we have no control over that.