We, at Vivitra Pharmacy India Private Limited (“Vivitra”, “we,” “us”) provide services to all individuals accessing or using our VIVITRA platform (“VIVITRA Platform ”) for any reason (“you”, “yours”, “User”) subject to the notices, terms, and conditions set forth in these terms and conditions (“Terms and Conditions”, “Agreement”), read with the Privacy Policy available on our site. The Platform is owned and operated by VIVITRA, a company duly incorporated under the provisions of the Companies Act, 2013.By accessing or browsing of the Platform and using the Services (as defined below) you indicate your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the Platform.
When you use the Platform, you represent that you meet the following primary eligibility criteria:
Through the Platform, we provide you with the following services (“Services”):
As an end-user and recipient of Services, when you use the VIVITRA Platform, you agree to the following conditions of use:
Due diligence conditions:
Scope of Services:
Prohibitions:
Charges Policy:
International Delivery:
Additional Information:
You shall not upload to, distribute, or otherwise publish through the VIVITRA Platform, the following Prohibited Content, which includes any content, information, or other material that: belongs to another person and which you do not own the rights to; is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force; is hateful, racially or ethnically objectionable, disparaging of any person; relates to or seems to encourage money laundering or gambling, harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law in India for the time being in force; deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses and malicious programs; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order; is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; incites any offence or prevents investigation of any offence or insults any other nation; is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of AHEL or any other Vivitra group company or affiliate who you may interact with for availing Services; and is not relating to the medical consultation or relating to any of the Services you avail from us. You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the VIVITRA Platform.
By using the VIVITRA Platform and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold VIVITRA, its affiliates and any Vivitra group companies, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees that the concerned indemnified persons may suffer on account of: your breach of these Terms; your use of the VIVITRA Platform and/or the Service; incorrect or inaccurate credit / debit card details provided by you; you using a credit / debit card which is not lawfully owned by you; you permitting a third party to use your password or other means to access your account; your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the VIVITRA Platform and/or the Service; you providing a false, forged, unauthorized or manipulated prescription or any action taken by VIVITRA as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.
By using our Services, you confirm that you understand and agree to the following: a. To the extent permitted by applicable law, VIVITRA or its affiliates or any Vivitra group companies will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (i) these Terms and Conditions and Privacy Policy; (ii) your use or inability to use the VIVITRA Platform; (iii) your use of any third party services you contacted through the VIVITRA Platform. b. VIVITRA does not warrant that the VIVITRA Platform or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through the VIVITRA Platform. c. Although VIVITRA takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the VIVITRA Platform, VIVITRA does not represent or warrant that the VIVITRA Platform, or the Service or Products or materials that may be made available through the VIVITRA Platform are free from such destructive features. VIVITRA is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features. d. To the extent permitted by law, VIVITRA shall not be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if VIVITRA has been advised, knew, or should have known of the possibility of such damages, arising out of or related to: (i) your use of or reliance on the VIVITRA Platform, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the VIVITRA Platform; (ii) your provision of information, personal or otherwise, to VIVITRA; (iii) the provision of Services by VIVITRA; or (iv) acts or negligence on the part of VIVITRA, its agents or employees; (v) errors, delays or deficiencies in services or theft or damage of Products, attributable to third parties who assist VIVITRA such as delivery partners. e. To the fullest extent permitted by law, VIVITRA disclaims and excludes all warranties and representations, express, implied or statutory, with respect to the VIVITRA platform or VIVITRA’s services, or with respect to the accuracy, currency or completeness of the information provided by VIVITRA, including the implied warranties of merchantabilty or fitness for a particular purpose and non- infringement of a patent, trademark or other intellectual property right. The VIVITRA platform, including, without limitation, all content, information and links contained therein, is provided “as-is” without any warranty that it will be uninterrupted or error free. You expressly agree that your use of this VIVITRA platform is at your sole risk. f.Notwithstanding anything herein to the contrary, VIVITRA’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the VIVITRA Platform, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) or Services in respect of one incident or series of incidents attributable to the same cause. g. VIVITRA reserves the right to refuse Service, terminate accounts, remove or edit content, or cancel orders anytime at their sole discretion. h. No claims or action arising out of, or related to, the use of the VIVITRA Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. i.We have selected the Products on the basis that they will be used for personal use only. If you are planning to use them for business purposes you are advised to make sure that you are covered by a proper insurance plan. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In relation to business users, we do not accept liability for the fitness of Products for business purposes, nor do we accept liability for loss of use of the Product, nor any loss over and above the cost of the Products in the event of a claim for breach of warranty or condition. This section shall survive the termination of this Agreement and the termination of your use of our Services or the VIVITRA Platform.
We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy.
You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the VIVITRA Platform belong to us at all times or to those who grant us the license for their use. You are permitted to use this material and/or content only as expressly authorized by our licensors or us.No use of these may be made without the prior written authorization of VIVITRA.All Product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to VIVITRA, unless otherwise noted. The Marks on the VIVITRA Platform are variously protected by the laws of India. Use of any of these Marks may not be made without the prior written consent of VIVITRA, except for the sole purpose of identifying the Products or Services originating from VIVITRA.You acknowledge and agree that the material and content shown at the VIVITRA Platform is made available for your personal non-commercial use only and that you may download such material and content only for the purpose of using this VIVITRA Platform. You further acknowledge that any other use of the material and content of the VIVITRA Platform is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.The VIVITRA Platform may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information (“User Content”) on the VIVITRA Platform. You warrant that any such User Content submitted by you to the VIVITRA Platform is original (and does not infringe the copyright of others), and you hereby grant VIVITRA a perpetual, irrevocable, non-exclusive, royalty free license to use Shardul Amarchand MangaldasPrivileged and Confidential02 April, 20217such User Content so submitted, without any further recourse to you, and you hereby waive all rights in such User Content. VIVITRA has the right but not the obligation to monitor and edit or remove any activity or User Content, and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.
Please note that your payments are processed in accordance with applicable law and you may refer to our Payments and Refund Policy for details. By using our Services, you further confirm that you understand and agree to the following:
VIVITRA reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract, to any third party. If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other Terms shall not be affected. These Terms do not create or confer any rights or benefits enforceable by any person that is not a party. No delay or failure by VIVITRA to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of VIVITRA. These Terms including the documents or other sources referred to in these Terms supersede all prior representations, understandings and agreements between you and VIVITRA relating to the use of the VIVITRA Platform (including the use of Services and/or order of Products) and sets forth the entire agreement and understanding between you and VIVITRA for your use of the VIVITRA Platform. When you visit the VIVITRA Platform or send e-mail to us, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by e-mail or by posting notices on the VIVITRA Platform. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Where the VIVITRA Platform contain links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only/ merely as a convenience. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any links to such linked Internet sites should no way be construed as an endorsement, representation or promotion by VIVITRA as to the content, representation, accuracy, products or services found or otherwise described in such linked Internet sites. Use of those linked Internet sites/links is done at your own risk and cost. You will be bound by the privacy policy and terms of use of the respective website when you navigate away from the VIVITRA Platform to any such website.
We may from time-to-time update or revise these Terms and Conditions. Every time you wish to use the VIVITRA Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time.
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure to deliver Products when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
The use of our VIVITRA Platform and the contract between you and VIVITRA shall be governed by the laws applicable in India, without regard to the conflict of law rules. Any dispute relating to the use of our Services will be only resolved exclusively in the Courts at Hyderabad, India but not in any other Court.
I agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, I further authorise Company to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers.
VIVITRA Platform or their third party service provider or any affiliates will be making calls and sending SMS/Email through a third party platform.
If you have any comments, query or grievances regarding the Services, Terms and Conditions and Privacy Policy, you may contact our Grievance Officer at support@vivitrapharma.com or 903 777 2110. Please note that upon lodging of a complaint, a ticket number shall be given to you by which you may track the status of your complaint.