Terms and Conditions

Dr. HEALTH CARRE, having its registered office at 302, 3rd Floor, Parshwa Tower, Near Pakwan Dining Hall, Pakwan Char Rasta, Bodakdev, Ahmedabad–380054, Gujarat, India, (“Dr. Health Carre”, “we”, “us” or “our”) is managing and operating the website www.drhealthcarre.com (collectively referred to as “Dr. Health”, or “website”), and the people/user who are purchasing our various beauty and personal care products (“products”) will be referred Customer (“Customer” or “user” or “users” or “you” or “**your **”).The user may browse through the products listed for sale on the website, which will be subject to these Terms.

By using the website, you expressly agree to be bound by these Terms and Conditions (“Terms” or “Terms and Conditions”) govern your usage, of the website, sale and purchase of the products on the website, access to Services, rights and obligations arising by virtue of usage of any feature of the website. Please note that your usage of the website, the products, offers or promotions in relation to the products and the Services as may be provided by us or our affiliates or third parties shall be governed by these Terms and such other terms that may be applicable (“Additional Terms”). If these Terms are inconsistent with such Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or the product. If you do not agree with any of the Terms, we advise you not to use or access the website.

These Terms and Conditions constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. The Terms and Conditions consist of Terms and Conditions for Use of the website and Sale of products respectively. Please read these Terms and Conditions carefully before using or accessing “Dr. Health”. By using the “Dr. Health” or availing of any Service, you signify your agreement to be bound by these Terms and Conditions.

Part B – Terms of use of “Dr. Health”

1. REGISTRATION AND OPERATION OF YOUR ACCOUNT

1.1. In order to use “Dr. Health”, you can register on the website or you can browse as a Guest as well. Registration is a one-time process and is free of cost. You can register on “Dr. Health” via below mentioned process:

a. By using your mobile number or email ID. You can register by providing relevant information, such as your mobile number, name, gender, and other details relevant to creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your “Dr. Health” account at any time.

1.2. Due to inactivity in your Account for a substantial time you may get automatically logged out of your account or you may choose to log out of your account. 

1.3. Your credentials shared by you at the time of registration and your “Dr. Health” login ID and password are referred to as “Account Information”.

1.4. You are solely authorised 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 unauthorised access to your account. You will at all times keep your Account Information up-to-date and accurate. You can access and update the Account Information under the ‘My Profile’ section of the website.

1.5. However, if you require any assistance or information pertaining to such orders placed by you, you may contact customer support.

2. REGISTRATION AND OPERATION OF YOUR ACCOUNT

2.1. You understand that once you have shared your account Information and successfully registered on “Dr. Health”, you may receive SMS or email notifications from Dr. Health Carre relating to your registration and transactions on “Dr. Health”.

2.2. You may also receive such notifications regarding any marketing / promotional activities that may be available on “Dr. Health” from time to time. By sharing your account Information and registering on “Dr. Health” 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 authorised 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.

2.3. Dr. Health Carre may also send notifications and reminders with respect to the services on “Dr. Health”. While Dr. Health Carre endeavours to provide these notifications and reminders to you promptly, it does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.

2.4. Please note all calls made by/to us are confidential in nature. However, the users’ calls may be recorded and monitored to ensure the quality of service and for training purposes.

3. LICENSE AND ACCESS TO THE PLATFORM

3.1. Your use of the website and access to “Dr. Health” content (as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on the website. You will use “Dr. Health” solely for the intended purpose.

3.2. The license granted to you does not include a license for (a) the resale of products or commercial use of “Dr. Health” or “Dr. Health” content, (b) any collection and use of product listings, description, or prices, (c) any use of “Dr. Health”, other than as contemplated in these Terms of Use, (d) any downloading or copying of account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of “Dr. Health”, (e) creating and/ or publishing your own database that features parts of “Dr. Health”.

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

3.4. Please note that Dr. Health Carre at all times reserves the right to refuse your access to the website, terminate your license to use the website, terminate/deactivate your account, remove or edit content on “Dr. Health”, at its sole discretion, without any prior notice.

4. PERSONAL INFORMATION PRIVACY

5.1. During the course of your registration on and usage of “Dr. Health” , we may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.

5.2. Dr. Health Carre respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, we has formulated the Privacy policy, which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you do not agree with the terms of our Privacy policy, we advise you to not use or access “Dr. Health”.

5. Content on platform

6.1. 6.1. All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on “Dr. Health” or any of the other services are the property of “Dr. Health” or its affiliates (““Dr. Health” Content””), and are protected under trademark. Further, all trademarks, service marks, trade names and trade secrets in relation to “Dr. Health” whether or not displayed on “Dr. Health”, are proprietary to “Dr. Health Carre”.

6.2. No information, content or material from “Dr. Health” (including the “Dr. Health” platform content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without our written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of “Dr. Health” and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing “Dr. Health” or its affiliates’ names or trademarks without the express written consent of “Dr. Health” and/or its affiliates, as applicable. Any unauthorised use terminates the permissions granted in these Terms of Use.

6. DISCLAIMERS

7.1. We will try to make access to and use of “Dr. Health” error-free and without interruptions. However, your access to “Dr. Health” may be occasionally suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities or services on “Dr. Health” platform. We don’t take responsibility for any access or usage problems that may arise from internet related issues at your end.

7.2. “Dr. Health” may contain user generated content which may not pre-screen and which contains views that may be opinions of users/ experts. We will do its best to monitor, edit or remove such user-generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). We don’t promise that the user generated content on “Dr. Health” is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.

7.3. To help you in identifying the products of your choice, descriptions of the products are provided on “Dr. Health” through photographs, videos and other infographics. While reasonable efforts are made to provide accurate visual representations, we disclaim any guarantee or warranty of exactness of such visual representation or description of the products, with the actual product which is ultimately delivered to you. The appearance/colour of the products when delivered may differ for various reasons.

7.4. The products and/or Services purchased/ received/ availed on the website, cause side effects or doesn’t suit you, please note that Dr. Health Carre in no manner responsible for any manufactural side-effects or service provider and manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints. We advise you to carefully read the individual terms and conditions in relation to the products and consult a specialist before the use of the same.

7.5. The products and/or services included on “Dr. Health” are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. Dr. Health Carre does not covenant or provide any representations and warranties:
a) in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on “Dr. Health”;
b) that the products or Services will be made available at all times;
c) that the operation of “Dr. Health”, including the functions contained in any content, information and materials on “Dr. Health” Platform or any third-party sites or services linked to “Dr. Health” will be uninterrupted, or that the defects will be rectified, or that “Dr. Health” or the servers that make such content, information and materials available are free of viruses or other harmful components; and
d) that “Dr. Health” Content available on the website is complete, true, accurate or non-misleading.

7.6. Parties other than Dr. Health Carre and its affiliates may operate stores; provide services on “Dr. Health”. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. Dr. Health Carre does not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties. The information displayed or any recommendation made to you on the website during the course of your use of the website is purely for informational purposes and for your convenience and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.

7.7. You understand that the website may provide third-party services to help you locate and purchase products. Please note that this service is provided by third-party, and the website does not guarantee nor make any representation with respect to the correctness, completeness or accuracy of such services. You should seek emergency help or follow-up care when required and continue to consult your primary health advisor as you may deem fit.

7.8. Any liability or claim arising out of such third-party services availed by you shall be between you and such third-party. The company disclaims any liability that may arise out of your communication, availment of services (including but not limited to deficiency, shortcoming, and inaccuracy) with such third parties.

7.9. To the extent permitted by applicable law, Dr. Health Carre disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on “Dr. Health”.

7.10. Dr. Health Carre is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

7.11. The interactive services provided on the website is to help you with select products and Services related queries. Any use of this functionality shall be subject to the following conditions:

1. a) Dr. Health Carre, employees, directors or its affiliates are not responsible for any suggestions/recommendations made by the beauty advisors from time to time. It is hereby clarified that all recommendations are provided only basis the information you provide to us during the interactive services. It is always recommended before using any new product, please remember to read and follow the appropriate directions for use. If you have a specific skin condition, allergy, or sensitivity, it is advisable to always consult your doctor/perform a patch test as you deem fit, before introducing any product to your skincare regimen. The products suggested are purely on the basis of the description/details shared by you above.
2. b) Dr. Health Carre or its affiliates are not responsible for any delay caused in attending to or replying to the queries via chat.
3. c) Communication through chat may be stored by Dr. Health Carre for future reference, to improve the quality of service or resolve your concern, and the user of such service will not have the right to access such information at any future date.
4. d) While using this feature you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
5. e) This feature shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
6. f) You may proceed further and consult with our online customer care executive and avail the beauty service only if you agree to the above conditions.

7.12. While we attempt to provide you error free and smooth experience in case of an inadvertent error there may be information on “Dr. Health” that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. Dr. Health Carre reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the website is inaccurate at any time without prior notice.

7.14. The offers, discounts and other promotional offers displayed in other advertisements may vary for the customers based on factors relating to the customer such as usage of the website, volume of transactions, time spent on the website, city, place of residence, time, etc.

7. USER WARRANTIES AND RESTRICTIONS

8.1. You represent and warrant that: (a) your use of “Dr. Health” will not violate any applicable law or regulation; (b) all information that is submitted to Dr. Health Carre in connection with “Dr. Health” is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable “Dr. Health” policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, Dr. Health Carre will have the right to reject registration, cancel all orders, and restrict you from using the services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify Dr. Health Carre and its affiliates for all claims brought by a third-party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

8.2. The products and services available on the website, and the samples, if any, that website may provide you, are for your personal use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.

8.3. You will not do any of the following:

a) Delete or modify any content on “ Health”, such as any information regarding the services, their performance, sales or pricing;
b) Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search “Dr. Health”;
c) Make false or malicious statements against the services, Dr. Health Carre company or website;
d) Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage “Dr. Health” and/or services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of “Dr. Health” and/or the Services;
e) Introduce any Trojans, viruses, any other malicious software, any bots or scrape “Dr. Health” for any information;
f) Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
g) Hack into or introduce malicious software of any kind onto “Dr. Health”;
h) Gain unauthorised access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
i) Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “grieving” as those terms are commonly understood and used on the internet.

8.4. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through “Dr. Health”, any information that:
a) belongs to another person and to which you do not have any right;
b) is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
c) harms minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonates or defames another person; or
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i) directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

8. INDEMNIFICATION AND LIMITATION OF LIABILITY

9.1. You agree to indemnify, defend and hold harmless Dr. Health Carre, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of “Dr. Health” or the services, violation of these Terms of Use, or infringement of any intellectual property or other rights of Dr. Health Carre or any third-party. Dr. Health Carre will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Dr. Health Carre with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.

9.2. To the fullest extent permitted by law, in no event shall Dr. Health Carre or any of its directors, officers, employees, agents or content or service providers (collectively, the “Dr. Health Carre Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, “Dr. Health” or the content, materials and functions related thereto, the services, provision of information via “Dr. Health”, lost business, even if such Dr. Health Carre Representatives have been advised of the possibility of such damages.

9.3. In no event shall Dr. Health Carre Representatives be liable for:
a) the use or inability to use or access “Dr. Health”;
b) any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through “Dr. Health”;
c) any unauthorised access to or alteration of your transmissions of sensitive personal information or other user data; or
d) any other matter relating to “Dr. Health”.

9.4. Dr. Health Carre is neither liable nor responsible for any actions or inactions of the other users of “Dr. Health” or any breach of conditions, representations or warranties by them. Dr. Health Carre is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of “Dr. Health”.

9.5. None of the directors, officials or employees of Dr. Health Carre shall be personally liable for any action in connection with “Dr. Health” or the Services.

Part B – Terms of use of “Dr. Health”

1. Our contract of sale

1.1. Listing and display of a product by us on “Dr. Health” is our invitation to you to make an offer for purchase of such product. Likewise, the placement of an order on “Dr. Health” by you is your offer to buy the product(s) from us.

1.2. Once you have placed an order with us for purchase of a product, you will receive an e-mail and/or SMS confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

1.3. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

1.4. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Shipment Confirmation.

1.5. Your contract is with us and you confirm that the product(s) ordered by you are purchased for your internal /personal purpose and not for re-sale or business purpose. Please note that we sell products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

1.6. All orders placed on “Dr. Health” are subject to the availability of such product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale

2. Return and refund

2.1. Please review the Cancellation, Returns and Refund Policy of “Dr. Health”, which applies to products sold by us.

3.1. We list availability information for the products on the product display page. Beyond what we say on that product display page or otherwise on “Dr. Health”, we cannot be more specific about availability. Please note that dispatch estimates are not indicative in nature and we do not guarantee the dispatch times. As we process your order, you will be informed by e-mail and/or SMS if any products you ordered turn out to be unavailable or out of stock.

3. Product pricing

4.1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.

4.2. Products in your shopping cart of “Dr. Health” will reflect the most recent price as displayed on the product’s information webpage on the website. 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.

4. Taxes

6.1. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes; although all the applicable taxes are being included in the offered price.

 5. Limitation of liability

7.1 In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the refund of money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of product by us to you was formed.

Miscellaneous

1. Access outside the republic of India

Dr. Health Carre makes no representation that the content on “Dr. Health” is appropriate to be used or accessed outside the Republic of India. Any users who use or access “Dr. Health” from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction.

2. Term and termination

a. These Terms shall be effective from the date of their publication on “Dr. Health”.
b. Dr. Health Carre reserves the right to terminate the Services in the event of breach of any terms contained in these Terms and Conditions, misrepresentation of information, any unlawful activity by you or if Dr. Health Carre is unable to verify or authenticate any information submitted by you.
c. You may terminate these Terms at any time, provided that you discontinue any further use of “Dr. Health”.

3. Force majeure

Dr. Health Carre will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Dr. Health Carre’s reasonable control.

4. Waiver

No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Dr. Health Carre. Any consent by Dr. Health Carre 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.

5. Severability

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

6.Governing law and dispute resolution

These Terms, all transactions consummated between Dr. Health Carre and you, and the relationship between Dr. Health Carre and you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.

7. Amendment

a. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you by Dr. Health Carre, for the use of “Dr. Health”, and the rights and liabilities with respect to any services to be provided by Dr. Health Carre shall be limited to the scope of these Terms.
b. These Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms and Conditions as available on the website. Your relationship with “Dr. Health” will be governed by the most current version of these Terms, as published on “Dr. Health”.

8. Third party terms and conditions

In addition to these Terms, 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 services. You agree that Dr. Health Carre will not be liable for any transaction between your and any such third parties.

9. Customer support

For any customer support for the products available on “Dr. Health” or Services in connection with “Dr. Health”, you may reach write to us on [email protected] or reach out to us on +91-9537001144/55 between (All days 10 AM and 6 PM over call and 24×7 over whatsapp).

10. Grievance and redressal

Should your query remain unresolved for seven (7) days or more after reaching out to the Customer Care, you may submit any grievance with respect to “Dr. Health”. You may also reach out to the Grievance Officer, regarding including with respect to any abuse on “Dr. Health” including any discrepancies or grievances with respect to access or usage of “Dr. Health” in violation of these Terms by any person, at:

Name: Grievance Officer
Designation: Head of Sales & Operations
E-mail ID: [email protected]