TERM OF USE AGREEMENT
Please read the following terms and conditions carefully as your use of services of this Website is subject to your acceptance of and compliance with the same (“Terms”). THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST EXIT THIS WEB PAGE AND STOP ACCESSING OR USING www.shalbyhomecare.org WITH IMMEDIATE EFFECT.
1. DEFINITIONS
In this Terms of Use Agreement, the following words shall have the following meaning:
- 1. “Buyer/s” or “Customer” or “Patient Party” shall mean Patient(s) or any person(s) who is seeking for home healthcare service by recommendation of a registered medical practitioner(s), purchase the Product(s) from the Website (defined hereinafter).
- 2. “Care Plan” shall mean the Medical treatment plan chosen by the Buyer/Customer/ Patient party.
- 3. “Home Care”, “we”, “us” and “our” shall mean Shalby Homecare, a Unit of Shalby Ltd, a company incorporated under the Companies Act 2013, having its registered office at Shalby Ltd (Shalby Multi-Speciality Hospitals Opposite Karnavati Club S.G. Ahmedabad - 380015, Gujarat, India.
- 4. “Consent” shall mean your agreement to the terms and conditions of these Terms of Use by accessing or using the website.
- 5. “Healthcare Provider” shall mean doctor or a healthcare person who has recommended the homecare services to the Buyer/Customer/Parent party.
- 6. “Principal Representative” shall mean the authorized agent/ representative of the Product Manufacturer and/or Original Equipment Manufacturer in India.
- 7. “Product" include Products and Services either jointly or separately shall mean pharmaceutical products Trained Attendant Care, Doctor on Call, Physiotherapy, Pathology Sample Collection Pharmacy Delivery, Medical Equipment Installation & Monitoring including rental & purchase, Critical Care at Home Including ICU Setups, Elderly Care at Home with special care plans for Dementia, Alzheimer’s, Chronic Ailments etc. and much more"
- 8. “Product Manufacturer” or ‘Original Equipment Manufacturer’ or ‘OEM’ shall mean the entity that manufactures the Products displayed for sale on the Website. “Website” shall mean the online platform available at the domain name www.shalbyhomecare.org
- 9. “Services” shall mean the Homecare services which are being offered by the Shalby Homecare.
- 10. “You” or “User” shall mean the end user accessing the Website, its contents and using the Services and Products offered through the Website.
2. CHANGES TO THE WEBSITE
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms or as maybe required under the applicable laws of India related to Healthcare, at any time without any prior notice to you. It is your responsibility to review these Terms periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.
3. ABOUT US
- a) This Website is an internet-based Home Care service providing the website for Shalby Ltd a company registered under the Companies Act, 2013.
- b) Use of the Website is offered to you conditionally upon your acceptance of these Terms by using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Website. If you do not agree with any amendments made by to these Terms at any time in the future, you must stop using the Website with immediate effect.
- c) Home Care is at its sole discretion reserves the right not to accept a User/Buyer/Customer/Patient Party from registering on the Website without assigning any reason thereof.
4. MEMBERSHIP ELIGIBILITY
- a) Use of the Website 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 minors, un-discharged insolvents etc. are not eligible to use the Website and use shall be considered illegal and bad in law. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. Home Care reserves the right to terminate your membership and/or take appropriate legal action under the applicable law and/or refuse to provide you with access to the Website if it is brought to Home Care's notice or if it is discovered that you are under the age of 18 years, an undischarged insolvent or otherwise incompetent to contract.
- b) The User/Buyer/Customer/Patient Party shall also comply with all the applicable laws and notifications issued thereunder, including without limitations such notifications as may be issued by Reserve Bank of India from time to time, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the Drugs and Cosmetics Act, 1940 and rules made thereunder including the Medical Devices Rules, 2017.
5.2 Medical Equipment
5.1 Nursing Care Services:
After choosing the Nursing Service and before proceeding for booking
- a) Shalby nurses which is a Homecare nursing service provider (hereinafter referred to as “Shalby Nurses”) is responsible to deliver all the nursing related duties at patients home as per the care plan proposed by the treating doctor of the patient or healthcare provider.
- b) Providing consent of the care at home through consent form is mandatory by Patient Party.
- c) Shalby Nurses are not liable to deliver any service other than nursing care.
- d) Any change in care plan should be intimated to nursing staff & manager operations by the Patient Party.
- e) Nurse’s security during Services will be at the responsibility of Patient Party/Buyer/Customer.
- f) Respect & cooperation of the nursing staff is solicited from Patient Party.
- g) In case of Query, concern or feedback, kindly visit our Help center & Support section or write to us at homecare@shalby.in
5.2 Medical Equipment
At the time of Booking- order review:
- a) To & From transportation is applicable as per the city location & current tariff applicable as per city & same will be borne by the Patient Party/Buyer/Customer.
- b) Shalby Home Care will deliver and install the equipment at the Patient Party/Buyer/Customer’s specified location.
- c) Delivery and installation will be scheduled at a mutually convenient time.
- d) Client must ensure that the installation area is safe and accessible.
- e) Security Deposit is applicable as per the policy of Shalby Home Care.
- f) Security Deposit shall be refunded by Shalby Homecare as per quality check report.
- g) Refund of Security Deposit will be transferred through NEFT in patient or NOK account only.
- h) Refund of Security Deposit will be credited in 30 working days after the end of service date.
- i) Patient Party/Buyer/Customer is responsible for Medical Equipment security at home.
- j) In case of query, concern or feedback, kindly visit our Help center & Support section or write to us at homecare@shalby.in
5.3 Attendant Services
After choosing the Attendant Service and before proceeding for booking
- a) Shalby attendant is for Homecare attendant; Services (hereinafter referred to as “Shalby Attendant”)is responsible to deliver all the attendant related duties at patient’s home as per Care Plan.
- b) Providing Consent of the care at home through Consent form is mandatory by Patient Party.
- c) Shalby Attendant are not liable to deliver any service other than Attendant care including domestic assistance / Help.
- d) Any change in Care Plan should be intimated to Shalby’s Attendant & Manager Operations by the patient party / Healthcare Provider.
- e) Attendant’s security during Services will be at the responsibility of Customer.
- f) Respect & cooperation of the Attendant is solicited from Patient Party.
- g) In case of Query, concern or feedback, kindly visit our Help center & Support section or write to us at homecare@shalby.in
5.5 Doctor Services
After choosing the Doctor Service and before proceeding for booking
- a) Shalby doctor, a Homecare Doctor Consultation Service Provider is responsible for consultation, follow ups, prescribing medication, advices included a detailed Care Plan at patient’s home (hereinafter referred to as “Shalby Doctor”).
- b) Providing consent of the care at home through Consent form is mandatory by Patient Party.
- c) Shalby Doctor is not liable to deliver any service other than mentioned above.
- d) Respect & cooperation of the Doctor is solicited from Patient Party
- e) Doctor’s security during Services will be at the responsibility of Customer.
- In case of Query, concern or feedback, kindly visit our Help center & Support section or write to us at homecare@shalby.in
5.6 Pharmacy Services
- a) Shalby Home Care delivers only prescribed medicines by a registered Health Care Provider.
- b) Prescription Record / Handover to the delivery person is mandatory post-delivery of the medicine.
- c) Delivery charge shall be applicable and charged as per the distance between Shalby Home Care Godown and the delivery location as mentioned in the order placed on website.
- In case of Query, concern or feedback, kindly visit our Help center & Support section or write to us at homecare@shalby.in
5.7 Pathology Services
After choosing the Lab service & before booking the tests
- a) Collection will be done as per the prescription or the advice of the Healthcare Provider of the Customer/Buyer/Patient Party.
- b) has to tell any specific instruction of the healthcare provider pertaining to the test in advance before the sample collection.
- c) Collection charge shall be applicable and charged as per the distance between Shalby Home Care and the collection location as mentioned in the order placed on website
5.8 General Instructions issues in the interest of Patient Party/Buyer/Customer
- a) A 12 hour fasting (Minimum) is prescribed before the check-up. You can drink water before a health check-up.
- b) Alcohol consumption should be avoided 3 days before a health check-up.
- c) Diabetes patients should avoid taking insulin injection /anti diabetes tablets in the morning the health check-up.
- d) For any additional investigation, other than the scheduled ones, you need to inform the Phlebotomist at the time of his visit. Any additional tests if requested will be chargeable.
- e) In case you don’t wish to undergo some test/s which form part of the package, in the amount for the same will not be refunded.
- In case of Query, concern or feedback, kindly visit our Help center & Support section or write to us at homecare@shalby.in
- g) All the Rights are reserved by Shalby Home Care, a Unit of Shalby Ltd to change/modify/update/postpone/cancel any or all the Terms and Conditions – Unconditionally.
6. USER ACCOUNT, PASSWORD, AND SECURITY
At the time of Booking- order review:
- a) In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Details”); (b) maintain and promptly update the registration details, and any other information you provide to company, to keep it accurate, current and complete.
- b) You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Home Care on /www.shalbyhomecare.org/ or homecare@shalby.in of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
- c) Any unauthorised activity which attract the legality under cyber law of India must not be performed at this website including Copyrights, misappropriate uses like- Domain copy/ duplicity for any commercial, non-commercial, Charitable use including frame, language, pictures, videos or any other digital materials coping.
7. COMMUNICATIONS
When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. You further agree to receive transactional SMSs and emails from us, with updates about your transactions.
8. SERVICES OFFERED
- a) Nursing Care
- b) Trained Attendant Care
- c) Doctor on Call
- d) Physiotherapy
- e) Pathology Sample Collection
- f) Pharmacy Delivery
- g) Medical Equipment Installation & Monitoring including rental & purchase
- h) Critical Care at Home Including ICU Setups
- i) Elderly Care at Home with special care plans for Dementia, Alzheimer,Chronic Ailments etc.
8.1 The sale/purchase/rental of Products/Equipment shall be additionally governed by specific policies like Return/Replacement Policy, Privacy Policy, etc., and all of which are incorporated here by reference. In addition, these Terms and policies may be further supplemented by product specific conditions, which may be displayed on the webpage of that Product.
9. PRIVACY POLICY
The User/Buyer/Customer/Patient Party hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Home Care, which is incorporated in these Terms by reference. The User/Buyer/Customer/Patient Party further consents that the terms and contents of such Privacy Policy are acceptable to them.
10. USER /BUYER/CUSTOMER/PATIENT PARTY CONDUCT AND RULES
- a) The User/Buyer/Customer/Patient Party shall at all times while accessing and/ or using the Services of this Website abide by the following principles.
- b) The User/Buyer/Customer/Patient Party shall not host, display, upload, modify, publish, transmit, update or share any information, including but not limited to, content, image or graphic, which:
- c) belongs to another person and to which the User /Buyer/Customer/Patient Party does not have any right to;
- d) is grossly false, inaccurate, harmful, harassing, abusive, 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; or unlawfully threatening or unlawfully harassing in any manner, whatsoever;
- e) is misleading or harms minors in any way;
- f) is patently offensive to the online community, such as sexually explicit content or provides material that is violent or otherwise inappropriate or solicits personal information from anyone or provides content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- g) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- h) infringes upon or violates any third party's rights, including, but not limited to, intellectual property rights, which includes patents, trademarks, copyrights or other proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
- i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- j) provides information violating someone's privacy, or provides or creates computer viruses;
- k) contains video, photographs, or images of another person, without that person’s consent; impersonates another person;
- l) tries to gain unauthorized access or exceeds the scope of authorised access to the Website or to profiles, account information, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users/Buyer/Customer/Patient Party;
- m) interferes with another User /Buyer/Customer/Patient Party use and enjoyment of this Website or refers to any other website or URL, that in Home Care sole discretion, contains material that is inappropriate for this Website or any other website, contains content which is prohibited or violates the letter or spirit of these Terms of Use;
- n) violates any law for the time being in force;
- o) deceives or misleads the addressee and/ or other User/Buyer/Customer/Patient Party about the origin of such messages or communicates, or contains any information which is grossly offensive or menacing in nature;
- p) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- q) 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 cognizable offence or prevents investigation of any offence or is insulting for any other nation.
- r) The User/Buyer/Customer/Patient Party shall not use the Website for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of Home Care and/ or interrupt or causes to interrupt the use of this Website by other User/Buyer/Customer/Patient Party .
- s) The User/Buyer/Customer/Patient Party shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Home Care by sharing multiple address and phone numbers or transacting with malafide intentions.
- t) The User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, pass/Buyer/Customer/Patient Party word "mining" or any other illegitimate means.
- u) The User/Buyer/Customer/Patient Party shall not pretend that User/Buyer/Customer/Patient Party is, or that User/Buyer/Customer/Patient Party represents, someone else, or impersonate any other individual or entity.
- v) The User/Buyer/Customer/Patient Party shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
- w) The User/Buyer/Customer/Patient Party shall not create liability for Home Care or cause Home Care to lose (in whole or in part) the Services of the Home Care internet service provider ("ISPs") or other suppliers.
- x) The User/Buyer/Customer/Patient Party shall at all times abide by the requirements of the Information Technology Act, 2000 and the rules, regulations, policies, guidelines, bye laws and notifications made thereunder and/ or any law which is applicable for the time being in force while uploading any content, accessing, or using the Services offered by this Website. The User/Buyer/Customer/Patient Party hereby unequivocally declares that in case of violation of any of the provisions of the Information Technology Act, 2000 and/ or rules, regulations, bye-laws, policies, guidelines and notifications made thereunder and/ or any law which is applicable for the time being in force, the User/Buyer/Customer/Patient Party shall be solely responsible at his/ her own costs for all acts, deeds and things and the User/Buyer/Customer/Patient Party shall be liable for any kind of civil or criminal liability there under.
- y) In the event of the User/Buyer/Customer/Patient Party not complying with these requirements, Home Care shall have the right to immediately terminate the access or usage rights of the User/Buyer/Customer/Patient Party to the Website and remove any non-compliant information.
- z) For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
11. USER /Buyer/Customer/Patient Party WARRANTY AND REPRESENTATION
a) The User/Buyer/Customer/Patient Party guarantees, warrants, and certifies that the User/Buyer/Customer/Patient Party is the owner of the content which the User/Buyer/Customer/Patient Party submits or is otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. The User/Buyer/Customer/Patient Party further warrants that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by the User/Buyer/Customer/Patient Party in connection with the Services rendered or products sold by Home Care
12. EXCLUSION OF LIABILITY REGARDING DESCRIPTION OF PRODUCTS
- a) Home Care does not guarantee that the Product delivered to the Buyer shall correspond exactly with the image displayed on the Website. All images of Products are purely for illustration and reference purposes. Home Care does not accept responsibility for differences between the image on the Website and the actual appearance of the Product.
- b) The quality of any Product, Service's, information, or other material purchased or obtained by you through the Website may not meet your expectations.
- c) Home Care does not provide or make any representation, warranty or guaranty, express or implied about the Services or Products. Home Care does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on the Website.
- d) You shall check and confirm the colour/model/version/expiry period and any other such particulars of the products before placing the order. Home Care accepts no liability for any errors or omissions, whether on behalf of itself or associates.
- e) Alterations to certain aspects of your order in Service such as the product brand, size, pack etc. may be required due to limitations caused by availability of products. any new service or product shall be ordered again through the Home Care Website.
13. DATA PROTECTION AND PRIVACY
By using our website, you acknowledge and agree to our Privacy Policy. You grant us a worldwide, royalty-free, irrevocable, and perpetual license to collect, store, use, and disclose your data for the purpose of providing our services, improving our website, and complying with legal requirements. You confirm that you have obtained all necessary rights, licenses, and consents from any data subjects to share their data with us. We will process personal data in accordance with our Privacy Policy and applicable data protection laws. You agree to indemnify us against any claims or losses resulting from your breach of these data protection obligations. For more details, please review our Privacy Policy available on our website.
14. INTELLECTUAL PROPERTY AND OWNERSHIP
- a) All Confidential Information, including the inherent intellectual properties (“IP”) which has been developed by Homecare or its affiliates or by third parties under contract to Homecare to develop same or which has been purchased by or licensed to Homecare, remains the sole and exclusive property of Homecare.
- b) You shall be bound by the following obligations with respect to ownership of Intellectual Properties.
- i. All works materials, software, documentation, methods, apparatus, systems and the like prepared, developed, conceived, or delivered as part of or in connection with the Services and all tangible embodiments thereof, shall be considered IP for any use of Our Platform under this Agreement.
- ii. Homecare shall have exclusive title and ownership rights, including all intellectual property rights, throughout the world in all Services. To the extent that exclusive title and/or ownership rights may not originally vest in Homecare as contemplated herein, You hereby irrevocably assigns all right, title, and interest, including intellectual property and ownership rights, in the Services, medical records, and information to Homecare, and shall cause Your representatives to irrevocably assign to Homecare all such rights in the IP.
- iii. All uses of any trademarks, service marks, and trade names in the Services or in the performance of the Services, and the goodwill associated therewith, whether by You or third parties, inures and shall inure to the benefit of Homecare.
- iv. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Platform or the materials therein. The materials on the Platform or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
- v. No use of these may be made without the prior written authorization of Home Care.
- c) All content included on the Website, such as designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the property of Home Care with all rights reserved. You acknowledge and agree that you shall not use, reproduce or distribute any Site Content from the Website belonging to Home Care.
- d) All products listed on the web-site are independently acquired from distributors and/or suppliers of the same. The trademark and other IP used in relation to such products are the property of their respective trademark holders. Home Care is not affiliated, endorsed or sponsored by these trademark holders.
- e) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service or transacting through the Website, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Services or transacting through the Website.
15. LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Home Care or the Website and Home Care is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Home Care is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Home Care is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Home Care or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The User/Buyer/Customer/Patient Party are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
16. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY:
- a) Home Care endeavours to ensure that all the information on the Website is correct, but Home Care neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service.
- b) In no event shall Home Care be liable for any direct, indirect, consequential, exemplary, punitive, incidental, multiple, special, consequential damages or any other damages resulting from (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the /Buyer/Customer/Patient Party transmissions or data; (c) any other matter relating to the Services or Products; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service or any claim arising out of or in connection to the Products sold on the Website.
- c) Home Care shall not be responsible for any claims arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Home Care shall not be held responsible for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Home Care's control.
- d) Home care shall not be liable for breach of any warranty serviced by the product manufacturer. Any warranty serviced by a product manufacturer shall be their sole responsibility and they shall accordingly be liable for any breach of such warranty.
- e) The User/Buyer/Customer/Patient Party understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
- f) User/Buyer/Customer/Patient Party downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
- g) To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount actually paid by you to us in relation to any Product or Service.
- h) User/Buyer/Customer/Patient Party understand and agree that the Service and the Products provided are on an “AS IS” and “AS AVAILABLE” basis and that Home Care does not assume any responsibility for any product or service's prompt or proper delivery, or retention of any User /Buyer/Customer/Patient Party information or communications between User/Buyer/Customer/Patient Party. Home Care expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Home Care makes no warranty that (i) the Services or the Products purchased will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the Service will be accurate or reliable, (iv) the quality of any Products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
- i) No advice or information, whether oral or written, obtained by you from Home Care or through or from the Home Care Service shall create any warranty not expressly stated in these Terms.
17. INDEMNIFICATION:
- You agree to indemnify, defend, and hold harmless Home Care, its employees, agents, and affiliates (collectively, "Shalby Homecare") from and against any and all losses, liabilities, claims (including third-party claims whatsoever), damages, costs, and expenses (including legal fees and disbursements and any interest thereon) that are asserted against or incurred by Home Care and that arise out of, result from, or are related to any breach or non-performance of any representation, warranty, covenant, or agreement made by you, or any obligation required to be performed by you under these Terms.
18. ORDERING:
- Orders by Buyers and/or Users are subject to acceptance by Home Care as per the availability of the Product or Service. If a Buyer/User places an order on Home Care's Website, this shall constitute acceptance of these Terms as listed on Website by the customer. No terms and conditions that either vary or are contrary to these Terms of Use shall be binding upon Home Care unless specifically agreed to in writing and signed by Home Care. Home Care shall not be responsible for any unauthorised, unofficial website / payment link or on line payment method transaction either direct or indirect in any manner whatsoever at any given point in time.
19. PAYMENT, PRICING & PROMOTIONS:
- a) You shall be solely responsible for compliance of all applicable Indian laws while making payments to Home Care.
- b) Shipment will be released based on receipt of advanced payment of the order for the delivery of items chosen by the Buyer. All payments shall be made in Indian Rupees and may be made online through the available payment mechanisms. Home Care may suspend shipment of products to Buyers whose previous dues are unpaid, at no liability to Home Care. Home Care shall not be responsible for any unauthorised, unofficial website / payment link or on line payment method transaction either direct or indirect in any manner whatsoever at any given point in time.
- c) Prices for Services or Products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Due to manufacturers’ price increases or decreases or other events outside of Home Care's reasonable control, pricing is subject to change without prior notification. Prices are all inclusive of taxes all exclusive taxes. Prices, Products and Services may change at Home Care’s discretion.
- d) There may be special contests, referral programmes, loyalty programmes and promotional activities (“Offers”) conducted by Home Care. Any such offer may result in the User/Buyer/Customer/Patient Party receiving discounts, coupons, vouchers, special offers etc. (“Rewards”). Home Care reserves the right to accept or reject any User/Buyer/Customer/Patient Party’s” participation in such Offers at its sole discretion.
- e) Such Rewards can only be applied at the time of order or as may be provided and may not be applied to any previous orders. Prices and Products are subject to change without notice. The Rewards and schemes may be withdrawn and/or changed without notice. Items under Offers and other schemes are available only till availability of Services or stocks lasts. Home Care reserves the right to reject the cancellation requests on items sold under such Offers and schemes and also reserves the right to reject the redemption of points as received by the User/Buyer/Customer/Patient Party in an Offer without providing any reason for such rejection.
- f) Such Rewards cannot be transferred, negotiated or sold and cannot be redeemed against cash. Home Care shall not be responsible to compensate you in any manner for the unused/invalidated Rewards including providing an alternate Reward.
- g) While availing any of the payment method/s available on the Website, Home Care will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transaction/s, or exceeding the pre-set limit mutually agreed between you and "Bank/s", or any payment issues arising out of the transaction, or decline transaction for any other reason/s.
- h) All payments made against the purchases/Services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate any transactions with respect to any other form of currency with respect to the purchases made on the Website.
20. FEE POLICY:
- a) Membership on the Website is free for users /Buyer/Customer/Patient Party. Home Care does not charge any fee for browsing and buying on the Website. However, Home Care reserves the right to change its Fee Policy from time to time. Home Care may at its sole discretion introduce new Services and modify some or all of the existing Services offered on the Website. In such an event Home Care reserves the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
21. SHIPPING AND TRANSFER OF TITLE & RISK:
a) Title of the Product/s and risk of loss for all Product/s ordered by you shall pass on to you upon Home Care delivering the Product/s to the shipping carrier for the purpose of delivery to the Buyer.
22. TERMINATION:
- a) Home Care may suspend or terminate your use of the Website or any Service if it in its sole and absolute discretion, believes that you have breached, violated, abused, or unethically manipulated or exploited any of these Terms or anyway otherwise acted unethically.
- b) Notwithstanding Section 21, these Terms will survive indefinitely unless and until Home Care chooses to terminate them.
- c) If you or Home Care terminate your use of the Website or any Service, Home Care may delete any content or other materials relating to your use of the Service and Home Care will have no liability to you or any third party for doing so.
- d) You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
23. GOVERNING LAW & DISPUTE RESOLUTION:
- a) This Agreement shall be governed by and construed in accordance with the laws of India and the courts in Ahmedabad shall have exclusive jurisdiction. The Parties agree that they shall work in good faith towards implementation of this Agreement. In case of any disputes arising out of, or in relation to this Agreement, then either Party hereto shall be entitled to refer such dispute to a sole arbitrator mutually appointed by the Parties in accordance with the Arbitration and Conciliation 1996 amended from time to time. Seat and venue of the arbitration shall be Ahmedabad and the arbitration proceedings shall be held in English. The award of the arbitrator shall be final and binding with respect to all controversies arising under this Agreement. The continuance of the arbitration proceedings shall not in any way diminish the rights of Shalby under this Agreement.
24. SEVERABILITY:
- a) If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
25. DISCLAIMER:
a) At present, Medical Device Rules 2017 do not prohibit the sale of any item listed on this Website. However, if the Medical Device Rules 2017 are subsequently revised to include any item currently sold on our Website, then such items shall not be available to the Users and any monies paid for the prohibited item shall be refunded to the respective User.
26. REPORT ABUSE:
a) As per these Terms, User/Buyer/Customer/Patient Party are solely responsible for every material or content uploaded on to the Website. User/Buyer/Customer/Patient Party can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to 9512004324 or www.shalbyhomecare.org / homecare@shalby.in.
Privacy and Cookie Policy
- (https://homecare.shalby.org/privacy-policy-cookie-restriction-mode) I. This privacy policy sets out how this website (hereafter "The Store") uses and protects any information that you give the Store while using this website. The Store is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. The Store may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
- II. This Privacy Policy is incorporated by reference into the Terms. Any capitalized terms used but not defined in this Privacy Policy have the meaning given to them in the Terms.
- III. This Privacy Policy is published in compliance with, inter alia:
- IV. Section 43A of the Information Technology Act, 2000 (“IT Act”);
- V. Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and
- VI. Regulation 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediaries Guidelines”).
1. GENERAL TERMS:
- a. By accessing or using the Platform or the Service, or by otherwise giving Us Your information, You confirm that You have the capacity to enter into a legally binding contract under Indian law, in particular, the Indian Contract Act, 1872, and have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the Privacy Policy.
- b. You hereby consent to Our collection, use, sharing, and disclosure of Your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at Our sole discretion, at any time, and any continued use of the App, the Services or the Platform, following any such amendments to the Privacy Policy, will be deemed as an implicit acceptance of the Privacy Policy in its amended form. You are requested to review the Privacy Policy from time to time to keep yourself updated with any changes; modifications made to the terms hereof.
- c. If You are accessing or using Services on the App or the Site from an overseas location, You do so at Your own risk, and shall be solely liable for compliance with any applicable local laws.
- d. If You do not agree with any of the terms and conditions of this Privacy Policy, please do not proceed further to use this Site. This Privacy Policy is subject to change at any time without notice. To make sure You are aware of any changes, please review this policy on this Site periodically. For the exhaustive list of cookies we collect see the List of cookies we collect section.
2. WHAT INFORMATION ABOUT YOU IS COLLECTED ON THE PLATFORM?
- a) When You access the Site, You may provide, or We may collect information that may specifically identify You or any other individual. Given below are the types of information that We may collect:
- b) Information You Give Us: We receive and store any information You enter on Our Platform or provide Us in any other way. When You register on the Site, We collect registration details such as phone number, name, geographical address and email address. We verify Your phone number with the help of a one-time password sent to Your phone number.
- c) We may also collect information required for providing You Services on the Platform including, items You place in the cart. You can choose not to provide certain information, but then You may consequently not be able to take advantage of many of Our features.
- d) We may also collect sensitive personal data or information (“SPDI”) about You when You use Our Service(s) on the Platform. This information includes health information We receive from You or, on Your behalf, such as information or records relating to Your medical or health history, health status and laboratory testing results, details of medical practitioner issuing the prescription, details of treatment plans and medication prescribed by a Medical Practitioner, dosage details such as frequency of dosage, alternative medication, medicines ordered by You through the Platform, diagnostic results, other health-related information and any other information inferred therefrom. We may also collect payment information such as Your payment card number, expiration date, billing and shipping address. By using the Service, You consent to the recording, storage, and disclosure of such communications You send or receive for these purposes. We may also store and process prescriptions, treatment notes, recommendations and other data generated by Medical Practitioners on or through the Platform, and data shared by third parties such as diagnostics related information; prescription related information etc and may retain such material for Our records for the duration of You availing the Services or for any such period required or permitted under applicable law.
- e) Information from Other Sources: We might receive information about You such as order details, Your details shared with Our partners etc. from other sources including from Our partners, advertisers or third parties registered on the Platform and add it to Our account information.
3. Cookies and Other Tracking Technologies:
- a. We utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Site. Some cookies and other technologies may serve to recall information previously indicated or submitted by a User. Most browsers/mobile settings allow You to control cookies, including whether or not to accept them and how to remove them. You may set most browsers/mobile application to notify You if You receive a cookie, or You may choose to block cookies with Your browser/mobile applications.
- b. Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, stream patterns, and dates and times that Our Site is accessed. Our use of cookies and other tracking technologies allows Us to improve Our Site and Your experience.
- c. At all times, You may refuse all cookies on Your browser by changing Your settings to the extent permissible on Your device. However, by doing so, You may not be able to use certain features on the Platform or take full advantage of all the offerings and interest-based advertising. You can remove cookies by following directions provided in Your mobile’s “help” file or the browser.
- d. Third party tools and software: We use third party SDKs in Our App. Majority of them are different payment options by which You can make a payment for an order. In order to enhance Your personal and overall experience some of the tools are used therein.
- e. Automatic Information: We receive and store certain types of information whenever You interact with Us. For example, We obtain certain types of information when Your web browser accesses the Site or advertisements and other content served by or on behalf of Shalbyhomecare.org on other web sites. To see examples of the information We receive. We may also receive/store information about Your location and Your mobile device, including a unique identifier for Your device. We may use this information for internal analysis and to provide You with location-based services, such as advertising, search results, and other personalized content.
- f. The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
- g. You agree that You are providing all information, including SPDI to Us voluntarily. Collection, use and disclosure of personal information and SPDI requires Your express consent.
- h. You are providing Us with Your consent for Our use, collection and disclosure of the personal information and SPDI. You may choose to not provide Us with personal information or SPDI, but in the event that You do so, We will be unable to provide You access to Our Site or deliver products or provide Services through Our Platform.
4. HOW DO WE USE THE INFORMATION WE COLLECT
- a. We use information We collect, in a variety of ways in order to provide the Services the Site and to operate Our business, including the following:
- b. To carry out Our obligations arising from Your requests for the products and Services on the Platform;
- c. To operate and improve the Platform in order to foster a positive user experience and to improve Our business as a whole;
- d. To process and deliver Your order with Us;
- e. To enable Your access to Our Site purchase products and provide You Services;
- f. To enable You to initiate consultation with Medical Practitioners or facilitating a diagnostic test;
- g. Analysing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines, etc.;
- h. Research, growth and development of Our or Our group entities' business (including building upon our network of our consulting RMPs/doctors, partners etc);
- i. We use the information that You provide for such purposes such as responding to Your requests, customising Your orders, improving Our Platform or communicating with You
- j. For non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research or product development purposes;
- k. To comply with applicable law;
- l. To conduct audits and quality assessment procedures;
- m. To analyse the use of Our resources, troubleshooting problems and improving Our Products and Services, by using the information regarding Your mobile device and software.
- n. Contacting users, by Us or our group entities, both during and after an order, for updates, resolution of queries, order details, consultations, follow-up consultations or offering new products or services;
- o. To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of Our Terms, or as otherwise required by law;
- p. To respond to any queries that You may have, and to communicate information to You, including notifications of any promotions or alerts, any changes/updates to the Site, or the introduction of any future fees or charges that We may collect at the time for purchasing products or provision of Our Services to You; or
- q. To contact You, by way of SMS, email and phone calls, from time to time to record Your valuable feedback on Our products and Services, as they currently stand, and/or any potential products and services that may be offered in the future.
- r. We may use “cookies” information and “automatically collected” information We collect on the Platform to (i) personalize Our services, such as remembering Your information so that You will not have to re-enter it during Your visit or the next time You avail the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track Your entries, submissions, and status in any promotions or other activities on the Service.
- s. We may access or store Your information if it is necessary to detect, prevent or address fraud and other illegal activity or to protect the safety, property or rights of the Platform or others.
- t. We may use information regarding Your location or the location of Your device through which You access the Service for a number of purposes, including without limitation to confirm You are located in a jurisdiction in which the Service is offered and to identify an appropriate Medical Practitioner.
- u. We may collect, analyze, use, publish, create and sell de-identified information, of which Your personal or sensitive personal information might be a component, for any business or other purpose not prohibited by applicable law, including for research and marketing purposes. (collectively “Purposes”).
5. DO WE SHARE THE INFORMATION WE RECEIVE?
- a. Information about You and the other Users of the Platform forms an integral part of Our business. We only share the personal information as described below after ensuring that such third party has implemented measures to assure data protection measures and that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. By using the Site, You accept the terms hereof and hereby consent to the storage and processing of the personal information and SPDI by third parties.
- b. Our Legal obligations: We may release account and other personal information when We believe in good faith that such release is appropriate to comply with applicable law including to: (i) conform to legal requirements or comply with legal process; (ii) protect rights or property or affiliated companies; (iii) prevent a crime or in interest of national security; or (iv) protect personal safety of Our Users or the public. We may also disclose Your personal information to enforce or apply Our Terms and other agreements; or protect the rights, property or Our safety, safety of Our Users or others. This includes exchanging information with other companies, organisations, government or regulatory authorities for fraud protection and credit risk reduction;
- c. Sharing upon merger or amalgamation or intra-group transfer: Any third party to which We transfer or sell Our assets, merge or consolidate with, will have the right to continue to use the information (including SPDI) provided to Us by You, in accordance with the Terms and this Privacy Policy. We may disclose information to Our partners, affiliates, subsidiaries, group entities, investors, stakeholders or potential associates in an anonymized and aggregate manner, so that they too may understand how Users use Our Site enable Us to create a better overall experience for You; and
- d. Improving Our business: You acknowledge that We have a right to use a recorded copy of Your telephonic conversation, and e-prescription with Your Medical Practitioner, and Your diagnostic test reports for improving Our Services, marketing and promotional efforts, customize Your experience and aiding You in procuring targeted consultation for any underlying medical condition. These uses improve the Site, the App, and the Services, and better tailor it to meet Your needs, so as to provide You with an efficient, safe and customized experience. We may transfer such personal Information and SPDI to a third party, including persons outside India, to improve product and Service offerings while taking commercially reasonable steps to try and ensure, that the recipient adheres to the applicable laws for ensuring data protection as is adhered by Us.
6. TRANSFER TO THIRD PARTIES AND OUTSIDE INDIA
- a. Subject to applicable law, We may at Our sole discretion, transfer personal information and SPDI to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by Us under the terms hereof, located in India or any other country.
- b. By using the Site and the App, You accept the terms hereof and hereby consent to Us, sharing with and/or processing of Your personal information and SPDI by third parties, including in any location outside India, provided that they ensure that Your SPDI is protected in compliance with standards that are comparable to the standards of protection afforded to it in India or equivalent international standards.
7. HOW SECURE IS INFORMATION ABOUT ME?
- a. We maintain electronic, physical and procedural safeguards in connection with the collection, storage and disclosure of personal information (including SPDI). Our security procedures may warrant that We may occasionally request proof of identity before We disclose personal information to You.
- b. We work to protect the security of Your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input in addition to maintaining security of Your information as per the international standards on "Information Technology Security Techniques Information Security Management System-Requirements".
- c. We restrict access to personal information, to Our employees and agents who need to know that information in order to process it for Us, and who are subject to strict contractual confidentiality obligations, and may be disciplined or whose relationship with Us may terminate if they fail to meet these obligations.
- d. No employee or administrator will have knowledge of Your password of Your account on the Site. It is important for You to protect Your account against unauthorized access to Your password and Your mobile phone, as detailed in the ‘User Account, Password and Security’ section of the Terms. You must be sure to log off from the Site when You have finished use thereof. We do not undertake any liability for any unauthorised use of Your account and password.
- e. If You suspect any unauthorized use of Your account, You must immediately notify Us by sending an email to the contact details indicated in the contact section. You shall be liable to indemnify Us due to any loss suffered by Us due to such unauthorized use of Your account or password.
- f. Under certain circumstances, We shall not be able to take Your prior consent before disclosing Your information in case the information is demanded by government agencies or otherwise mandated under law to obtain SPDI, or during investigation of cyber incidents, prosecution of offenses etc.
- g. Further, We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the User, etc.
8. WHAT INFORMATION CAN I ACCESS?
- The Platform gives You access to a broad range of information about Your account and Your interactions with the Platform for the limited purpose of viewing and, in certain cases, modifying, deleting information provided on the Site. You may rectify any inaccurate or deficient personal information or SPDI, as feasible. You have the option to opt-out of optional services such as receiving promotional materials etc. and should You desire to opt-in to such services at the time of signing up You can choose do so.
9. ARE CHILDREN ALLOWED TO USE THE PLATFORM?
- Use of the Site is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are under 18 years of age, then please do not use or access the Service(s) at any time or in any manner. If We learn that a person under 18 years of age has used or accessed the Platform or Service or any personally identifiable information has been collected on the Platform from persons under 18 years of age, then We will take the appropriate steps to delete this information. If You are a parent or guardian and discover that Your child under 18 years of age has obtained an account on or otherwise accessed the Service, then You may alert Us at care@pharmeasy.in and request that We delete that child’s personally identifiable information from Our systems.
10. THIRD-PARTY LINKS
- a. The Site may include hyperlinks to various external websites, and may also include advertisements, and hyperlinks to applications, content or resources (“Third Party Links”). We have no control over such Third Party Links present on the Site, which are provided by persons or companies other than Us. You acknowledge and agree that We are not responsible for any collection or disclosure of Your information by any external sites, applications, companies or persons thereof. The presence of any Third Party Links on Our Site or App, cannot be construed as a recommendation, endorsement or solicitation for the same, or any other material on or available via such Third Party Links.
- b. You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your information via Third Party Links, as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products services, or other materials on, or available via such Third Party Links. This will include all transactions, and information transmitted therein, between You and any such third party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between You and the aforementioned third parties.
- c. Such third party websites, and external applications or resources, accessible via the Third Party Links may have their own privacy policies governing the collection, storage, retention and disclosure of Your information that You may be subject to. We recommend that You exercise reasonable diligence, as You would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third party website or application’s privacy policy.
11. RETENTION OF INFORMATION
- a. Any personal information or SPDI collected in accordance with this Privacy Policy will be collected by Us and retained or stored either by Us or by (i) Amazon Web Services, located at Amazon Internet Services Private Ltd, Block E, 14th Floor, Unit Nos. 1401 to 1421 International Trade Tower, Nehru Place, New Delhi, Delhi, 110019, (ii) GCP, located at Google Asia Pacific Pte. Ltd., 70 Pasir Panjang Road, #03-71, Mapletree Business City, Singapore 117371, or (iii) MongoDB Cloud located at MongoDB Limited, VAT Registration #: IE 9793087U, Building Two, Number One Ballsbridge, Dublin 4, Ireland.
- b. We also have measures in place such that Your SPDI which is in Our possession or under Our control, is destroyed and/or anonymized as soon as it is reasonable to assume that: (i) the purposes for which Your SPDI has been collected have been fulfilled; and (iii) retention is no longer necessary for any other reason, or under applicable law.
- c. We may, however, reserve the right to retain and store Your personal information for Our business purposes, whether such personal information has been deleted or not. After a period of time, Your data may be anonymized and aggregated and then may be held by Us as long as necessary, to enable purchases of products and provision of services or for analytics purposes.
- d. If You wish to withdraw Your consent for processing Your personal information and SPDI, cancel Your account, or request that We no longer use Your personal information and SPDI to deliver Our products or provide You services, please contact Us at details indicated in the contact section. Please note however that Your withdrawal of consent or cancellation of account may result in Us not being able to deliver You products or provide You with Our services, or terminate any existing relationship that We may have with You.
12. CHANGES TO YOUR INFORMATION
- a. You may review, correct, update, change the information that You have provided by logging into Your account. However, You are not permitted to delete any part of the personal information or any other information generated on the Platform. You may update Your information at any point by writing to Us at the details indicated below in the contact section.
- b. Should You choose to update Your personal information or SPDI or modify it in a way that is not verifiable by Us, or leads to such information being incorrect, We will be unable to provide You with access to Our Site, as described under the Terms, and such modification may be regarded as the User seeking to discontinue his or her access to Our Site.
- c. We reserve the right to verify and authenticate Your identity and Your personal information in order to ensure accurate delivery of products and services. Access to or correction, updating or deletion of Your personal information or SPDI may be denied or limited by Us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
13. List of cookies we collect
- The table below lists the cookies we collect and what information they store. Cookie Name Cookie Description FORM_KEY Stores randomly generated key used to prevent forged requests. PHPSESSID Your session ID on the server. GUEST-VIEW Allows guests to view and edit their orders. PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history, if you have asked for this. STF Information on products you have emailed to friends. STORE The store view or language you have selected. USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies. MAGE-CACHE-SESSID Facilitates caching of content on the browser to make pages load faster. MAGE-CACHE-STORAGE Facilitates caching of content on the browser to make pages load faster. MAGE-CACHE-STORAGE-SECTION-INVALIDATION Facilitates caching of content on the browser to make pages load faster. MAGE-CACHE-TIMEOUT Facilitates caching of content on the browser to make pages load faster. SECTION-DATA-IDS Facilitates caching of content on the browser to make pages load faster. PRIVATE_CONTENT_VERSION Facilitates caching of content on the browser to make pages load faster. X-MAGENTO-VARY Facilitates caching of content on the server to make pages load faster. MAGE-TRANSLATION-FILE-VERSION Facilitates translation of content to other languages. MAGE-TRANSLATION-STORAGE Facilitates translation of content to other languages.
RETURN/ REPLACEMENT POLICY
(https://homecare.shalby.org/return-replacement-policy) Home Care strives to ensure a timely, hassle-free Services compliant delivery to all our customers. However, in case of any issues with the order, Customers must notify us through our Website or by email or you can request it under “My Orders”, followed by “Return/ Replace Order”, and a prompt response is assured to such notifications. Once the Product return/complaint request has been raised by you, Home Care shall initiate a process to vet the request and proceed accordingly. Please note that the window to raise a return/replacement request is open till 48 hours after the order has been delivered.
1. REPLACEMENTS
- Home Care offers a replacement for products under the following conditions: 1.1. Shipment of Wrong Order 1.2. Shipment with Short Quantity 1.3. Shipment with defect No extra reshipment charges are applicable. In case of if the stock is not available, then a coupon or credit note will be issued which you can redeem in your next purchase.
2. RETURNS
- Home Care shall accept returns only for the following cases: 2.1. In the case of pharmacy products, if the products are purchased within 7 days of invoice. 2.2. In the case of Surgicals, if the products received have a defect/ are in non-working condition 2.3. The batch number of the product(s) being returned matches with the one(s) mentioned in the invoice. 2.4. Product(s)/medicines(s)/bottle(s) are unused. 2.5. The damages/defects are covered under the manufacturer’s warranty. All returns are reviewed for eligibility and refund is subject to review and verification by Home Care. Refunds will be generated post verification
3. Return Pick Up and Processing
- Category Conditions Complete Product All in-the-box accessories & freebies and combos (if any) should be present. Unused Product The product should be unused, unwashed, unsoiled, without any stains and with non-tampered quality check seals/ warranty seals (wherever applicable). Before returning any product. Undamaged Product The product should be undamaged and without any scratches, dents, tears or holes. Undamaged Packaging The product's original packaging/ box should be undamaged. For any products for which a refund is to be given, the refund will be processed once the returned product has been received by the customer to us.
4. PRODUCTS NOT ELIGIBLE FOR RETURNS/ REPLACEMENTS/ REFUNDS
- Categories Type of products Temperature controlled medicines Vials, Injections, Pen-fills, Vaccines or any other products or specialty medicines requiring cold storage Equipments Any Surgical equipments Food and Nutrition Health and Nutrition Supplements Products directly used on Patients Oral Care, Face Masks, Sanitisers, Apparels, Disposables Rehabilitation Products Supports, Braces, Splints, Collars Warranty Products not in warranty or exceeds the time for replacement Others Partially Used Strips, Opened Bottles, Expired Products, In case of large orders, (value of more than 5000/Rs), Home Care may reject your return request at its own discretion. This is necessary as the manufacturers of the particular Products may not entertain such specific return requests.
5. PAYMENT TERMS FOR REFUNDS
- 5.1. Refunds in case of eligible returns are issued through the payment method used at the time of purchase. Mode of Payment Refund Time Frame Credit/ Debit Business Cards * Net Banking/NEFT/RTGS * Cash on Delivery * Cheque * E- Wallets * *Refund timelines depend on bank turn-around times and RBI guidelines. This may change from time to time. Business days shall mean the working days on which Slaney Office operates. 5.2 For cash on delivery orders: For orders placed using cash on Delivery as the payment method, refunds can be processed to your bank account via National Electric Funds Transfer (NEFT)/ (at discretion of Shalby Ltd.). You will need to update the following information to enable us to process a refund to your account. -The Bank Account Number -IFSC Code -Account Holder