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1.1 The domain name www.swasthyashailee.com , an internet based portal, and SwasthyaShailee, a mobile application, is owned and operated by ZENSYON LIFESCIENCES Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter, referred to as “Swasthya Shailee” or “We” or “Our” or “Us” or “Company” or “ZENSYON LIFESCIENCES”). The domain name and the mobile application are collectively referred to as “Website” or “www.swasthyashailee.com”.
2.1 Personal Information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available with Swasthya Shailee, is capable of identifying the person concerned.
2.2 Sensitive Personal Data or Information means Personal Information of any individual relating to password; financial information such as bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information; any detail relating to the above as provided to or received by Swasthya Shailee for processing or storage. However, any data/ information relating to an individual that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law shall not qualify as sensitive personal data/information.
2.5 Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes. You should accordingly be careful when deciding to share any of your Personal Information in such public environments.
2.6 Swasthya Shailee is not liable to you or any third party for any damages that you or any third party may suffer howsoever arising from your disclosure of Personal Information in any public environment. Disclose your personal information in a public environment at your own risk.
3.1 User-provided Information: When you register for, browse and use the Website, A User may have limited access to the Website and utilize some of the Services provided by you may provide to Swasthya Shailee “identity information” (such as your name, email address, address, home or mobile telephone number etc.). Without creating an account on the Website. Unregistered Users can access some of the information and details available on the Website. In order to have access to all the features and benefits on our Website, a User may be required to first create an account on our Website. As part of the registration process, Swasthya Shailee may collect the following categories of personal information from the Users (hereinafter collectively referred to as “User Information”):
3.2 You may also be able to add a picture of yourself. Or your social network account If you decide to register through or otherwise grant access to a third-party, social networking or authentication service that we may make available (“Authentication Service“), such as Facebook Connect or Twitter or LinkedIn or Google or Pinterest or Instagram in this case Swasthya Shaileemay also collect any such “identity information” that you have provided to the Authentication Service from the account you have with the Authentication Service.
3.3 Details of transactions by your Facebook friends and other Facebook users generated by you through our Service. If you choose to provide such information, during registration or otherwise, you are giving Swasthya Shailee the permission to use and store it consistent with this policy. Therefore, please understand that when you sign in with Swasthya Shailee, you are not anonymous to us.
3.4 Swasthya Shailee may keep records of telephone calls received and made for making inquiries, orders, or other purposes for the purpose of administration of Services.
4 Internet use:
4.1 Swasthya Shailee may also receive and/or hold information about the User’s browsing history including the URL of the site that the User visited prior to visiting the website as well as the Internet Protocol (IP) address of each User's computer (or the proxy server a User used to access the World Wide Web), User's computer operating system and type of web browser the User is using as well as the name of User's ISP. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Swasthya Shailee and its service providers for the technical administration of the Website, research and development, and for User administration.
4.2 The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Swasthya Shailee hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.
4.3 Swasthya Shailee does not knowingly collect personal data from children.
4.5 The information which Swasthya Shailee collects from you may be utilized for various business and/or regulatory purposes including for the following purposes:
5 IP Addresses and cookies
5.1 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. We may also collect such information from your Facebook friends and other Facebook users who use the Service. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
6 Disclosure and Transfer of your Personal Information
6.2 In case of contests conducted by Swasthya Shailee in which the User participates, the concerned User’s information may be disclosed to third parties, also be disclosed to third parties to the extent necessary for prize fulfillment and other aspects of such contest or similar offering.
6.3 Swasthya Shailee may use the information that you provide or that we collect in order to establish and enhance our relationship with you. Swasthya Shailee generally uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Website. If you have given Swasthya Shailee consent, we may use your personally identifiable information to provide you with information about Swasthya Shailee features, services and other offerings that may be of interest to you. We may also send information or offers to groups of users on behalf of other businesses / affiliates. When Swasthya Shailee Discloses Information
6.4 The User agrees to provide authentic and true information. Swasthya Shailee reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), Swasthya Shailee shall in its sole discretion reject the registration and debar the User from using the Services available on its website, and / or other affiliated websites without prior intimation whatsoever.
6.5 Swasthya Shailee makes all User Information accessible to its employees and data processors only on a need-to-know basis with strict privacy policies. All Swasthya Shailee employees and data processors, who have access to, and are associated with the processing of User Information, are obliged to respect its confidentiality.
6.6 Non-personally identifiable information may be disclosed to third party ad servers, ad agencies, technology vendors and research firms to serve advertisements to the Users. Swasthya Shailee may also share its aggregate findings (not specific information) based on information relating to the User’s internet use to prospective, investors, strategic partners, sponsors and others in order to help growth of Swasthya Shailee ’s business.
6.7 Swasthya Shailee may also disclose or transfer the User Information, to another third party as part of reorganization or a sale of the assets of a Swasthya Shailee corporation division or Swasthya Shailee . Any third party to which Swasthya Shailee transfers or sells its assets will have the right to continue to use the personal data and/ or other information that a User provide to us.
7 Social Networks
7.1 Swasthya Shailee will disclose your personal information if you have explicitly agreed that we may do so. In particular, we will disclose personal information where you have elected to connect your account on our Website to a social network or other similar service (e.g., Facebook, Twitter or Google), or have elected to have your activity on our Website published to a social network or other similar service (e.g., Facebook. Twitter or Google). To control the information that you share, you should review and, if appropriate, modify your privacy settings on such services.
8 Reviews, Comments and other content
8.1 User(s) of our website may post reviews, comments and other content; as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". In case a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, Swasthya Shailee reserves the right to remove, refuse, delete or edit any content that violates these Conditions of use and, or terminate your permission to access or use our website or the written content.
9 Retention of the information:
9.2 Part of the functionality of the Website is assisting the Sellers to maintain and organize such information to effect sale and purchase of products. Swasthya Shailee may, therefore, retain and submit all such records to the appropriate authorities, or to Sellers who request access to such information.
9.3 The Website is also designed for assisting the Users to access information relating to pharmaceutical / Ayurvedic products. Swasthya Shailee may, therefore, retain and submit all such records to the relevant Users.
9.4 Swasthya Shailee will also ensure that User Information is not kept for a period longer than as required for the purposes for which it is collected or as required under any applicable law.
10 Links to third-party advertisements:
10.1 The links to third-party advertisements, third party websites or any third party electronic communication services (referred to as “Third Party Links”) may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with Swasthya Shailee unless expressly specified on the Website.
11 Security Practices and Procedures:
11.1 Swasthya Shailee adopts reasonable security practices and procedures to include, technical, operational, managerial and physical security control measures in order to protect the personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
11.2 Swasthya Shailee makes all User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
11.3 Swasthya Shailee takes adequate steps to ensure that third parties to whom the Users’ Sensitive Personal Data or Information may be transferred adopt reasonable level of security practices and procedures to ensure security of Personal Information.
11.4 Swasthya Shailee also reserves the right to disclose user information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Swasthya Shailee from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Website; or to protect the rights, property, or personal safety of Swasthya Shailee , our Users, or others.
11.5 Any Suspicious activity, fraudulent, abusive, hacking or unlawful usage activity with Swasthya Shailee if observed by our team from your particular IP Address or your User Login that shall be informed as on when required to law agencies or law enforcement agencies.
12 Required by Law
12.1 Swasthya Shailee may also disclose user information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and other governing bodies.
13 Merger or Acquisition
13.1 In the event that Swasthya Shailee is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of such merger, acquisition, sale, or other change of control. As well Swasthya Shailee may communicate our Merger or Acquisition to you in the form of mail or News on our website or any other media as on when required and possible.
14 Online Purchases
14.1 This Website Swasthya Shailee is only a venue where Users may meet and interact with one another for their sale and purchase transactions. Therefore, Swasthya Shailee acts as a facilitator for such sale and all commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the seller has complete control and the same may be subject to change.
14.2 You agree, understand and acknowledge that Swasthya Shailee is an online shopping platform, a venue enabling the users to buy any product listed on the Site at the price indicated therein at any time from any place. You further agree and acknowledge that the Swasthya Shailee is not involved in any sale and purchase of goods/products listed on this Site. Swasthya Shailee is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer. Swasthya Shailee shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users and the Vendors.
14.3 Swasthya Shailee shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the products.
14.4 Swasthya Shailee does not sell or retail any products and does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on Swasthya Shailee .
14.5 “We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.”
14.6 You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
14.7 The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. Swasthya Shailee is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with Swasthya Shailee nor shall Swasthya Shailee have any obligations or liabilities in respect of such contract. Swasthya Shailee is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.
14.8 Swasthya Shailee accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
14.9 Swasthya Shailee is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.
14.10 All orders shall be pre-approved with an acceptable method of payment as established by Swasthya Shailee which may call for and require additional verification or information.
14.11 The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
14.12 After the receipt of payment from the Buyer, the Vendor shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer.
14.13 Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
14.14 Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
15 Users’ rights in relation to their personal information collected by Swasthya Shailee :
15.5 In case the User does not provide his/ her information or consent for usage of personal information or subsequently withdraws his/ her consent for usage of the personal information so collected, Swasthya Shailee reserves the right to discontinue the services for which the said information was sought.
16 Additional notes to the User:
16.2 Swasthya Shailee shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Swasthya Shailee or any Seller. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Swasthya Shailee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Swasthya Shailee has the right to suspend or terminate such account at its sole discretion.
16.3 Swasthya Shailee shall not be responsible for any breach of security or for any actions of any third parties that receive Users' personal data or events that are beyond the reasonable control of Swasthya Shailee including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
16.4 The User is responsible for maintaining the confidentiality of the User's account access information and password. The User shall be responsible for all uses of the User's account and password, whether or not authorized by the User. The User shall immediately notify Swasthya Shailee of any actual or suspected unauthorized use of the User's account or password.
16.5 Swasthya Shailee will communicate with the Users through email and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The Users can ask Swasthya Shailee, by sending an email to email@example.com containing the rectification required.
17.1 The medical information provided on this site is an information resource only, and should not be used or relied on for any diagnostic or treatment purposes. This information is not intended to be patient education, does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment; neither this medical information is evaluated by FDA nor by any Government organization.
17.2 Please consult your healthcare provider before making any health care decisions or for guidance about a specific medical condition. Swasthya Shailee expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained on this site. Any product(s) is/are sold to you on the premise that you have received advice from a doctor and that you are not self-medicating. Swasthya Shailee does not endorse specifically any test, treatment, or procedure mentioned on the site.
17.3 By visiting this site you agree to the foregoing terms and conditions, which may from time to time be changed or supplemented by Swasthya Shailee. If you do not agree to the foregoing terms and conditions, you should not enter this site.
17.4 “We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.”
17.5 User acknowledges that through this site, Swasthya Shailee merely acts as a facilitator merely acts as a facilitator, in order to facilitate highest quality services to the users. Swasthya Shailee does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure user fullest satisfaction.
18 Disclaimer Of Warranties/Limitation Of Liability
18.1 SWASTHYA SHAILEE IS NOT LIABLE FOR ANY CLAIMS AGAINST LACK OR DEFICIENCY OF SERVICES; NON-FULFILLMENT OR UNSATISFACTORY FULFILLMENT OF PRODUCTS AND SERVICES PURCHASED BY USER FROM THE THIRD PARTY. THUS, SWASTHYA SHAILEE SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE USERS OF THE SITE AS REGARDS THE STANDARDS OF PRODUCTS AND SERVICES. IN NO EVENT SHALL SWASTHYA SHAILEE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM:
18.2 SWASTHYA SHAILEE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND SWASTHYA SHAILEE CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
19.1 The Clause shall survive the termination or expiry of the agreement
21 Contact information:
21.1 Swasthya Shailee addresses any discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, Swasthya Shailee has designated the Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by: