Desidawayi

BY CONTINUING TO ACCESS AND USE THIS WEBSITE/MOBILE APPLICATION YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS OF USE SET OUT BELOW.

Please read these "Terms of Use" or "Terms and Conditions" carefully before using this website.

These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to -

- The (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);

- The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”)

- The Indian Contract Act, 1872 (“Contract Act”)

- The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”)

- Pharmacy Act, 1948 (“Pharmacy Act”) and

- The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957

- The Consumer Protection Act, 1986.

By visiting, accessing, reading, viewing or using the website or internet based platform www.desidawayi.com or Desidawayi, in any form, you agree to be bound by the "terms of use" or "terms and conditions" described herein and all the terms incorporated by reference.

If you do not agree to all of these terms, do not use the website.

What is Desidawayi

The domain name www.desidawayi.com or Desidawayi®, an internet-based portal or website, and Desidawayi® mobile application, is owned and operated by Bhavyansh Life Essentials (OPC) Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Desidawayi” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.

Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Desidawayi® on the other part.

The Website is a platform that facilitates

(i) online purchase of herbal/ayurvedic/nutraceutical products and other health productss or homecare devices.

(ii) online ayurvedic/unani/herbal medical consultancy services/ second opinion being offered by independent doctors (“Medical Experts”); and

(iii) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”).

The Third Party suppliers, Medical Experts and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness-related information to the Users accessing the Website (The services of Third Party Services Provider and the information services is collectively referred to as the “Services”).

By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.

The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered. To facilitate the relation between You and the Third Party Service Providers through the Website, Desidawayi shall send to You (promotional content including but not limited to emailers, notifications and messages).

You agree and acknowledge that the Website is a platform through which You can order ayurvedic products and their delivery confirmtion is subject to the availability of that particular product in the stock. We have full right to cancel Your order in case of non-availability in stock or non deliverable pincode or due to any other unforeseen reason.

Desidawayi® reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.

As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to Desidawayi that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

Desidawayi® authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by Desidawayi including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Desidawayi Content”) (collectively, “Content”). The Desidawayi Content is the property of Desidawayi and is protected under copyright, trademark and other applicable law(s). You shall not modify the Desidawayi Content or reproduce, display, publicly perform, distribute, or otherwise use the Desidawayi Content in any way for any public or commercial purpose or for personal gain.

Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

ELIGIBILITY

For the purposes of availing the Services and/or transacting with Desidawayi Website or any Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by Desidawayi in this regard. As part of the registration process, Desidawayi may collect the following personal information from You:

Name
User ID
Email address
Address (including country and ZIP/ postal code)
Gender
Age
Phone number
Password chosen by the User
Valid financial account information
Other details as You may volunteer

The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to Desidawayi that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

A registered id can only be utilized by the person whose details have been provided and Desidawayi does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.

Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.

You agree and acknowledge that You would

(i) create only 1 (one) account

(ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website

(iii) maintain and promptly update Your account information

(iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer

(v) promptly notify Desidawayi if You discover or otherwise suspect any security breaches relating to the Website

(vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.

The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Desidawayi for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Desidawayi may allow authorized third parties to place or recognize a unique cookie on the Your browser. Desidawayi does not store personally identifiable information in the cookies.

Desidawayi, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while Desidawayi investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason

Advertising Guidelines for the Website

As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).

For the Users

Clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. The advertisements will be labeled as "sponsored", "from our Advertisers" or "advertisement". This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to the Advertising Policy, these Terms of Use (except the editorial policy) and the Privacy Policy.

For the Third Party Advertisers

The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
General Rules: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use (except the editorial policy) and the Privacy Policy. Desidawayi may, at any time and without having to serve any prior notice to the Third Party Advertisers,

(i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and

(ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy.

It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. Desidawayi may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.

Review

All the advertisements are subject to the review and approval of Desidawayi. Desidawayi reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, Desidawayi also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.

Prohibited Content

The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
- content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
- content depicting nudity, sexual behaviour, or obscene gestures;
- content depicting drug use;
- content depicting excessive violence, including the harming of animals;
- shocking, sensational, or disrespectful content;
- deceptive, false or misleading content, including deceptive claims, offers, or business practices;
- content that directs users to phishing links, malware, or similarly harmful codes or sites; and
- content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information.

Prohibited Advertisements

Advertisements for the following products and services are prohibited:
- adult products and services (other than contraceptives; see below);
- cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
- products or services that bypass copyright protection, such as software or cable signal descramblers;
- products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
- get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
- illegal or recreational drugs or drug paraphernalia;
- counterfeit, fake or bootleg products, or replicas or imitations of designer products;
- firearms, weapons, ammunition, or accessories;
- advertisements that promote particular securities or that provide or allege to provide insider tips;
- any illegal conduct, product, or enterprise;
- unapproved pharmaceuticals and supplements;
- prescription drugs;
- products that have been subject to any government or regulatory action or warning;
- products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
- material that directly advertises products to or is intended to attract children under the age of 13.

Prohibited Advertisements under the Drugs and Magic Act

Subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –
- the procurement of miscarriage in women or prevention of conception in women; or
- the maintenance or improvement of the capacity of human beings for sexual pleasure; or
- the correction of menstrual disorder in women; or
- the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or
prohibition of misleading advertisements relating to drugs;
- subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
directly or indirectly gives a false impression regarding the true character of the drug; or makes a false claim for the drug; or is otherwise false or misleading in any material particular.

It is hereby clarified that that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.

Restricted Advertisements

Advertisements in the following categories are restricted and require approval on a case-by-case basis:
- advertisements that promote or reference alcohol;
- advertisements for online dating services;
- advertisements for gambling and games of skill;
- advertisements for lotteries;
- advertisements for financial services;
- advertisements for contraceptives;
- advertisements for online pharmacies or pharmaceuticals; and
- political advertisements.

Testimonials & Endorsements

- Any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid

- Desidawayi recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).

Editorial Policy for the Website

As part of the Services, Desidawayi provides Desidawayi Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Desidawayi Content is subject to the following rules/ information:
- Desidawayi Content is original and is relevant to the general public.
- Topics for Desidawayi Content are selected by Our board of qualified experts consisting of certified medical experts and medical professionals.
- Topics for Desidawayi Content are chosen on the basis of current health news, drug alerts, new drug launches, latest medical findings published in peer-reviewed medical journals.
- Desidawayi maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;
- The member of Desidawayi has to fully disclose any potential conflict of interest with any of the Third Party Service Providers;

OTHER TERMS

Your Profile, Collection, Use, Storage and Transfer of Personal Information
Your Desidawayi profile is created to store record of Your Consultations and online orders and also Your personal health information online, including history, health conditions, allergies and medications.
Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your Desidawayi record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Desidawayi reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Desidawayi record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.

For additional information regarding use of information about You, please refer to the Privacy Policy.

The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.

The Privacy Policy sets out:
- The type of information collected from Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information; and
- How and to whom Desidawayi will disclose such information.

The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
- The fact that the information is being collected;
- The purpose for which the information is being collected;
- The intended recipients of the information;
- The name and address of the agency that is collecting the information and the agency that will retain the information; and the various rights available to such Users in respect of such information.

Desidawayi shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to Desidawayi or any other person acting on behalf of Desidawayi.

The use of the Website involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by Desidawayi from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.

The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify Desidawayi of any actual or suspected unauthorized use of the Users’ account or password.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Desidawayi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Desidawayi shall have the right to suspend or terminate such account at its sole discretion.

By accepting these Terms of Use and by registering on the Website, You consent to be contacted by Us and by the Third Party Service Providers and You further consent to receive emails and messages (SMS) notifications and information at any time from Us and from Third Party Service Providers.

Payment, Fees and Taxes
Registration on the Website and the access to the information provided on the Website is free. Desidawayi does not charge any fee for accessing, browsing and buying through the Website.

Return, Refund, Cancellation and Shipping charges

We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.

Covenants

(Covenanters for the purposes of these Terms of Use shall include the Users and the Third Party Service Providers)
Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
- belongs to another person and to which the such Covenanter does not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
- violates any law for the time being in force;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You are also prohibited from
- Violating or attempting to violate the integrity or security of the Website or any Desidawayi Content.
- Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Desidawayi.
- Intentionally submitting on the Website any incomplete, false or inaccurate information;
- Making any unsolicited communications to other Covenanters;
- Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website.
- Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website.
- Copying or duplicating in any manner any of the Desidawayi Content or other information available from the Website; and
- Framing or hotlinking or deeplinking any Desidawayi Content.

Desidawayi, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause, shall be entitled to disable such information that is in contravention of this Clause or any provisions of these Terms of Use. Desidawayi shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, Desidawayi has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.

Liability
Desidawayi shall not be responsible or liable in any manner to the Users or any Third Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by Desidawayi, where Other Parties have consented to the making of such disclosures by Desidawayi. If the Other Parties had revoked such consent under the terms of the Privacy Policy, then Desidawayi shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by Desidawayi prior to its actual receipt of such revocation.

The Other Parties shall not hold Desidawayi responsible or liable in any way for any disclosures by Desidawayi under Regulation 6 of the SPI Rules.

The Services provided by Desidawayi or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Desidawayi does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Desidawayi does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Desidawayi Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
The Website may be linked to the website of third parties, affiliates and business partners. Desidawayi has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Desidawayi endorses the linked website. Other Parties may use the links and these services at their own risk.

Desidawayi shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; Desidawayi shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.

Users accept and acknowledge that Desidawayi does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. Desidawayi also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.

The Other Parties further accept and acknowledge that Desidawayi does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Desidawayi Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by Desidawayi or any Third Party Service Providers in relation to any Services provided by Desidawayi.

Desidawayi assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.

The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.

To the maximum extent permitted by applicable law(s), Desidawayi, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.

In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.

Desidawayi disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third Party Labs or the Third Party Pharmacies as the case may be.

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

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

Intellectual property rights

All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

Compliance of Applicable Law

While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc (“Captioned Laws”). as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Pharmaceutical Good and Services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.
The Users must also ensure that the prescription uploaded on the Website or emailed to Desidawayi for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Third Party Service Providers or to Desidawayi, as a result of any dispensation of Prescription Drugs by the Third Party Service Providers owing to the non-compliance by the User in this regard.
Termination (Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and Desidawayi)
The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by:
not accessing the Website; or
closing their accounts for all of the Services that they use.
Desidawayi reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time (or have acted in a manner that clearly shows that Other Party(s) do not intend to, or are unable to, comply with the same); or
Desidawayi is unable to verify or authenticate any information provided to Desidawayi by Other Party(s); or
Desidawayi believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Desidawayi (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
Desidawayi is required to do so by law; or
if Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Desidawayi to provide the Services to the Other Party(s); or
The provision of the Services to the Other Party(s), or to the general public, is in Desidawayis opinion, no longer commercially viable; or
Desidawayi has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
Desidawayi may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
Upon termination of these Terms of Use, Desidawayi shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).

Desidawayi reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Other Party(s) content from the Website with or without ability to access the Website and the other Services, upon any breach by the Other Party(s) of these Terms of Use or if Desidawayi is unable to verify or authenticate any information the Other Party(s) submits to Desidawayi , or if the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for Desidawayi to provide the Services to the Other Party(s).
The right to terminate/ suspend the account is in addition to, and without prejudice to, Desidawayi’s right to initiate action against the Other Party(s), in accordance with applicable law.

Force Majeure

Other Parties accept and acknowledge that Desidawayi shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Desidawayi or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond Desidawayi ’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Desidawayi , depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

Governing Law and Dispute Resolution
These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at New Delhi. All disputes will be subject to arbitration at New Delhi in English by a sole arbitrator appointed by Desidawayi under the Arbitration and Conciliation Act, 1996.

Survival
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

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

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

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