Terms and Conditions
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.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of care.ajibmama.com (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”).
Your use / access of our Platform, its related sites and hyperlinks, shall be governed by the terms and conditions, policies, rules of Ajibmama Care (“Terms”) posted on the Website and application from time to time. These Terms applies to all users (whether Registered user or Guest User) of the Website and application.
1.Use of Our Platform:
You agree and acknowledge that Ajibmama Care is an online platform that enables you to purchase the products listed on our platform at the indicated price at any time from the serviceable locations . Except where we are the seller of the relevant product on Ajibmama Care, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on Ajibmama Care. Accordingly, such contract of sale of products on the website shall be a strictly bipartite contract between you and Ajibmama Care.
2.Eligibility:
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access our platform. If you are a minor i.e. under the age of 18 years, you may use only with the involvement of a parent or guardian.
3.Registration and Operation:
3.1. In order to use our platforms and avail the Services, you will have to register on Ajibmama Care. Registration is a one-time process and is free of cost. You may register in one of the following ways:
a. By creating a account: You can register by providing relevant information, such as your name, gender, and such other details relevant for creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your Ajibmama Care account at any time.
3.1.2. By using a third-party account: You may use the login credentials from any third-party accounts maintained by you, as identified by Ajibmama Care (example, Google or Facebook). If you use such third party account, you will also be subject to specific terms and conditions applicable to such account, as may be imposed by the relevant third-party.
Your credentials shared by you at the time of registration and your Ajibmama Care login ID and password are referred to as “ Account Details”.
You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the Account Details area of the website.
4.Sale of Prescription Drugs:
In order to purchase drugs and pharmaceutical products that require a valid prescription issued by a medical expert/ doctor, you are required to upload a scanned copy of the valid prescription on the Website. The Retail Pharmacies, with respect to any drugs or pharmaceutical products, may dispense only those quantities as are specified in the prescription. Retail Pharmacies will verify the prescription forwarded by You and in case of any discrepancy observed by the Retail Pharmacies, the order may be cancelled by the Retail Pharmacies. The delivery of your order is not in the Company’s control and the Company shall not be responsible for any delay.
5.Suggestion Of Alternate Of Prescribed Drugs:
You acknowledge and accept that as per the extent applicable laws within the territory of India the order for an alternate prescription drug would only be processed if: (i) a registered medical practitioner has permitted /approved/provided consent for any such other equivalent generic drug containing similar or substantially similar composition as the prescribed drug, to be dispensed in place of the prescription drug; (ii) or if the prescription lists the active pharma ingredient/salt names instead of a specific brand name, in which case also, dispensation of such drug shall be certified and approved by a registered medical practitioner, and (iii) You shall have provided Your consent in respect of such substitution of the prescribed drug.
In the event of an invalid prescription or unavailability of the prescription drug, (i) You may avail online tele-consultancy with our registered medical practitioners. The registered medical practitioner shall prescribe an alternate by replacing the original prescription; or (ii) a third party registered pharmacist shall place a call on your registered mobile number, whereby an alternate drug is suggested, and after such alternate drug being confirmed and vetted by third party registered medical practitioners by way of a validated prescription, and thereafter dispensed accordingly. A prescription for such alternate drug may be made available to you at your request. Any and all alternate prescription drugs are dispensed only on receiving consent from you. All online and tele-consultation provided by the third-party registered medical practitioner shall be through a secured recorded line. You further agree and acknowledge that any exchange (including but not limited to e-prescriptions) between the third party registered medical practitioners, pharmacists and you over telephone shall be recorded and preserved in the database of the Company for quality, assurance, monitoring, verification of compliance with applicable laws and value addition purposes; and the Company, the Platform, the third party registered medical practitioners and pharmacists shall have access to the same. All such exchange of information shall be utilised and processed strictly in accordance with the Privacy Policy.
6.Drugs Delivery:
You agree to appoint a Third Party Delivery Partner who shall act in the capacity of Your agent and collect the medicines as requested by you from Licensed Premises on your behalf (“User Agent”). You accept and acknowledge that the User Agent shall be responsible to collect the medicines ordered by you from the Licensed Premises and to carry it to the address notified by you. You further agree and acknowledge that the User Agent acts as your agent for collecting the medicines from the Licensed Premises. The services are being undertaken by User Agent with your consent and therefore the Company is merely facilitating for you and Users Agent to connect. You agree and acknowledge that the Third-Party Delivery Partners are independent contractors, and not agents or employees of the Company, whose services are being availed by You upon your implied/ explicit consent solely for the delivery of the Products ordered by you through the Platform . All drugs and cosmetics will be delivered through a delivery agent without disclosing your personal information or prescriptions in compliance with the applicable laws either directly to the patient or its authorized person.
7.No Warranties:
Platform makes no warranty that: (i) the application will meet your requirements; (ii) the application will be available on an uninterrupted, timely, secure, or error-free basis; or that (iii) any results that may be obtained from the use of the application or any services offered through the Platform will be accurate or reliable. We disclaims all warranties as to the accuracy, completeness or adequacy of such information. We disclaims all liabilities arising from manufacturing defects and the claims, if any, with regard to a defect in manufacturing or otherwise shall be made directly on the manufacturer whose information is provided on the product. Platform may at its sole discretion assist User in providing any information that may be required with regard to the claim.
8.Payment:
On delivery of the relevant products to the Users, We shall be entitled to full payment for the same. You agree that the prices mentioned on our website or mobile app are approximate estimates of the actual/exact price of the drugs. The actual/exact price of the drug will depend upon its batch number and will be mentioned in the invoice dispatched to You along with your order. In case a pre-payment has been made by You basis the price estimate at the time of placing the order, should there be a shortfall upon generation of the invoice, You undertake to pay the shortfall through any of the payment modes made available to you by us. In case the payment made by you basis the price estimate at the time of placing the order is more than the price as per the generated invoice, the excess payment will be refunded back to you in your bank account, credit card, debit card, wallet which may have been used by you at the time of making the payment. At present, we supports the following payment methods, as may be revised from time to time:
- Debit Cards
- Credit Cards
- Netbanking
- UPI
- Wallets
- Cash on delivery
9.Cancellation, Return and Refund:
We understand that there will be genuine reasons when you decide to cancel or return an order. To process a refund, please raise a ticket on the Platform for any issue within 15 days of delivery. For more information please visit our Return & Refund Policy.
10.Communication:
A. You understand that once you have shared your Account Information and successfully registered on Ajibmama Care, you may receive SMS or email notifications from us relating to your registration and transactions on our platform.
B. You may also receive such notifications regarding any marketing / promotional activities that maybe available on our platform from time to time. By sharing your Account Information and registering on our platform and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
C. Ajibmama Care may also send notifications and reminders with respect to the Services on our platform. While we endeavors to provide these notifications and reminders to you promptly, We does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
D. You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from Ajibmama Care.
11.License and Access of the Platform:
Your use of Platform, the Services, and access to the our Content is subject to a limited, revocable and non-exclusive license which is granted to you when you register on Ajibmama Care. You will use Platform solely for identifying products, carrying out purchases of products and processing returns and refunds, in accordance with Return and Refund Policy, for your personal use only and not for business purposes.
The license granted to you does not include a license for: (i) resale of Products or commercial use of our Content, (ii) any collection and use of product listings, description, or prices, (iii) any use of Ajibmama Care, the Services and/or of Ajibmama Care Content other than as contemplated in these Terms of Use, (iv) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract.
12.Personal Information:
During the course of your registration on and usage of our platform or availing the Services, We may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including your name, phone number, email address, address, postal code, occupation, login details etc.
For more details visit- Privacy Policy.
13.Trademark, Copyright and Restriction:
This site is controlled and operated by Ajibmama and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property acts. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
14.Delivery and Shipping Policy:
We provide shipping and delivery of our Products all over India. We aim to provide the best customer experience for you by tying-up and partnering with leading logistics service providers to handle your order in the best possible way and to ensure that you have a hassle-free experience in receiving the Product that you have ordered from the Platform. We make all commercially reasonable endeavors to ensure that the Products are delivered to you on time. For more details please read our Delivery and Shipping Policy.
15.Product Availability:
We list availability information for the Products on the relevant webpage of the Platform. Beyond what we say on that webpage or otherwise on the Platform, we cannot be more specific about availability. Please note that dispatch estimate is not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.
16.Product Pricing:
All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
Products in your shopping cart of the Platform will reflect the most recent price as displayed on the Product’s information webpage on the Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
17.Applicabile Law and Jurisdiction:
These Terms and Conditions are governed by the accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Platform whether in contract or tort or otherwise, to submit to the jurisdiction of any court of West Bengal, India for the resolution of all such disputes.
18.Licenses:
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s) on our platform. You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
19.Violation of Terms:
You agree that Ajibmama Care may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Ajibmama Care determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to our platform, for which monetary damages would be inadequate, and You consent to Ajibmama obtaining any injunctive or equitable relief that Ajibmama deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Ajibmama may have at law or in equity.
You agree that we may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems.
If we does take any legal action against You as a result of Your violation of these Terms, Ajibmama Care will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us.
20.Termination:
The Terms will continue to apply until terminated by either You or Ajibmama Care as set forth below. If You want to terminate Your agreement with us, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Ajibmama Care has made this option available to You.
We may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
1-You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
2.We are required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
3.The provision of the services to You, by Ajibmama Care is, in Company’s opinion, no longer commercially viable;
4.Company has elected to discontinue, with or without reason, access to the Website, the services.
21.Amendments:
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition..
22.Waiver:
No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
23.Miscellaneous:
In addition to these Terms of Sale, you will also ensure that you are in compliance with the Terms and Conditions of the third parties, such as bank offers Terms and Conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.
These Terms of Sale supersede all previous oral and written Terms and Conditions (if any) communicated to you by us, for the purchase of Product.
24.Contact Us:
Please mail us at legal@ajibmama.com us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this platform.
