Terms of Use

Please read these terms of use carefully. By accessing or using this internet-based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this internet-based platform.

1. What is Davaindia

The domain name www.davaindia.com, an internet-based portal, and the Davaindia mobile application are operated by Zota Healthcare Ltd Retail Limited (hereinafter referred to as "Zota Healthcare" or "We" or "Our" or "Us" or "Company"), a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at [ZOTA HOUSE, 2/896, Hira Modi Street, Sagrampura, Surat-395 002(Gujarat)], with GSTIN [24AAACZ1196M1ZZ]. The domain name and the mobile application are collectively referred to as the "Website."

Your access or use of the Website, transactions on the Website, and use of Services (as defined 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 incorporated herein by reference. These Terms of Use constitute a legal and binding contract between you (hereinafter referred to as "You" or "Your" or the "User") on one part and Davaindia Health Mart Limited on the other part.

By accessing, browsing, or 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 (as set out in Part B below), and other rules, guidelines, policies, terms, and conditions relevant under applicable laws in India and other jurisdictions. These shall be deemed to be incorporated into and considered as part 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 policies, as may be specified on such a website. In such an event, the terms and conditions of use and privacy policy applicable to that website will govern your use of that website.

The Website is a platform that facilitates: (i) online purchase of pharmaceutical products sold directly by the Company; (ii) doctor consultations offered by the Company; (iii) and health and wellness-related information ("Information Services") to the Users accessing the Website.

The services of doctor consultations, the sale of pharmaceutical products by the Company, and the Information Services are collectively referred to as the "Services."

The arrangement between You and Us shall be governed in accordance with these Terms of Use. The Services are made available to natural persons who have agreed to use the Website after due registration, as determined by Us from time to time ("User"). The Services are offered to You through various modes, which may include discount coupons and vouchers redeemable for goods/services offered by the Company. To facilitate communication, Davaindia may send You promotional content, including but not limited to emailers, notifications, and messages.

Davaindia 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 at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website. You waive any right to receive specific notice of such changes or modifications, provided that we will inform you of such changes at least once a year. Your continued use of the Website confirms your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies.

As a condition of your use of the Website, you must be 18 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 Davaindia that you are 18 years of age or older and have the right, authority, and capacity to use the Website and agree to abide by these Terms of Use.

2. Eligibility

For the purposes of availing the Services through the Website, you must register in accordance with the procedure established by Davaindia. During registration, Davaindia 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 volunteered details

Registration or use/access of the Website is only available to natural persons who are ‘competent to contract’ under the Indian Contract Act, 1872. Persons such as minors or undischarged insolvents are not eligible. By registering, accessing, or using the Website, you accept these Terms of Use and represent and warrant to Davaindia that you are competent to contract under the law.

A registered ID can only be used by the person whose details were provided during registration. Organizations, companies, and businesses may not register or use the Website through individual members. You agree and acknowledge to:

• Create only one account.
• Provide accurate, truthful, and complete information when creating your account.
• Maintain the security of your account and promptly notify Davaindia of any security breaches.
• Take responsibility for all activities occurring under your account.
• Update your registered mobile number and/or email address in case of changes.

You will be solely responsible for the information given during doctor consultations. Based on the information provided by you, e-prescriptions will be generated.

Dispensing of the drugs for prescription-required medicines will be based on the prescription uploaded by you. Davaindia or the pharmacist dispensing medicines will not be responsible.

Davaindia reserves the right to temporarily or permanently suspend Users and restrict access to the Website in case of violations of these Terms of Use or any other reason.

3. Use of Services and the Website

E-Commerce Platform for Pharmaceutical Products-

Platform to Facilitate Transaction of Business

• Through the Davaindia website ("Website"), Davaindia facilitates the purchase of pharmaceutical products and related services offered for sale by third-party pharmacies (“Pharmaceutical Goods and Services”).
• You understand and agree that Davaindia and the Website merely provide hosting services to you and other visitors.
• All items offered for sale on the Website, as well as content made available by third-party pharmacies, are user-generated and third-party products.
• Davaindia does not control, originate, or initiate the transmission of such third-party content, nor select the sender or recipient of such information.
• The authenticity and genuineness of Pharmaceutical Goods and Services provided by third-party pharmacies remain the sole responsibility of these pharmacies.
• Davaindia assumes no liability for the authenticity of the Pharmaceutical Goods and Services facilitated through the Website.

You agree that all commercial and contractual terms regarding the sale, purchase, delivery, and consumption of Pharmaceutical Goods and Services are strictly bipartite agreements between you and the third-party pharmacies. Davaindia is not a party to these agreements and does not influence or participate in such terms.

Representation of Legal Title

• Davaindia makes no representation or warranty as to the legal title of the Pharmaceutical Goods and Services offered for sale by third-party pharmacies on the Website.
• At no point will any rights, titles, claims, or interests in products sold through the Website vest with Davaindia.
• The ownership of such inventory remains with the third-party pharmacies offering them for sale.

Non-Performance of Contract

• Davaindia is not responsible for unsatisfactory performance, delays, or breaches of contracts between you and third-party pharmacies.
• Davaindia does not guarantee that third-party pharmacies will fulfill transactions.
• Third-party pharmacies are solely responsible for ensuring stock availability for orders.
• Davaindia is not required to mediate disputes between you and third-party pharmacies. Upon request, Davaindia will provide contact details of the relevant third-party pharmacies to facilitate dispute resolution.

Exhibition of Drugs and Content

• Third-party pharmacies are responsible for ensuring the accuracy of the information they provide on the Website, including catalog details and product descriptions.
• Davaindia does not guarantee the authenticity or accuracy of this information and advises users to perform independent checks. Third-party pharmacies are responsible for obtaining and maintaining required licenses under applicable laws.

Prescription Drugs:

• The Website facilitates the purchase of prescription drugs, which require valid medical prescriptions.
• Users must upload a scanned copy of their prescription, and davaindia pharmacies will verify its validity before processing orders.
• The original prescription must also be presented at the time of delivery.
• The dispensing of drugs will be based on the prescription uploaded by you and order placed by you.

Substitution of Prescribed Drugs:

• Substitution of prescription drugs is only permitted if explicitly authorized by a medical professional or if the prescription lists generic names instead of brand names. In the absence of such authorization, Davaindia pharmacies cannot dispense substitute drugs.

Invitation to Offer for Sale:

• The listing of products on the Website constitutes an invitation to offer for sale, not an offer. Acceptance of your offer is subject to validation of the prescription (if applicable) and stock availability by the Davaindia pharmacy.

Transfer of Property and Completion of Sale:

• Ownership of products transfers to you upon dispensation and invoicing by the Davaindia pharmacy. Invoices are issued by the concerned Davaindia pharmacy processing your order.

Delivery of Drugs:

• You appoint an individual (“User Agent”) to act on your behalf to collect medicines from Davaindia pharmacies and deliver them to your specified address. Davaindia facilitates the connection between you and the User Agent.

4. Editorial Policy for the Website

As part of our services, Davaindia provides informational content (“DavaIndia Content”) through the website and app. This content is targeted at the general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind.

Davaindia Content Principles

1. Relevance and Originality

• Content is original and relevant to the general public. Topics are carefully selected to address current health and wellness trends, seasonal health concerns, and the latest updates in medicine and healthcare.

2. Selection by Experts

• Topics are chosen by a board of qualified experts, including certified medical professionals, pharmacists, and healthcare specialists. Decisions are informed by current health news, new drug launches, peer-reviewed medical journals (e.g., The Lancet, Diabetes Care, etc.), and public health awareness campaigns.

3. Fairness and Accuracy

• Davaindia upholds principles of fairness, accuracy, objectivity, and independent reporting. Editorial staff ensure content is objective, balanced, and accurate.

4. Emerging Health Topics

• Content includes trending health topics, alternative medicines (e.g., Ayurveda, Homeopathy), and nutritional trends (e.g., benefits of herbal supplements).

5. Conflict of Interest Disclosure

• Any potential conflicts of interest with third-party service providers are fully disclosed.

Editorial Board Members:

The editorial team comprises certified medical professionals who review and approve all content to ensure accuracy and relevance.

5. Terms for Use of Online Doctor Consultancy Services:

Davaindia is an online health platform that provides various health-related products and services to Users, including access to health-related information and resources. Whenever we refer to "Your physician," "Your doctor," or "Your healthcare provider" on the Website, we mean your personal doctor with whom you have an actual doctor-patient relationship. DavaIndia’s Medical Experts are not considered your physician or healthcare provider.

In cases where the submitted prescription is found to be invalid, incomplete, or expired, Davaindia reserves the right to initiate a doctor consultation on your behalf to facilitate order processing.

This consultation is arranged solely for the purpose of validating your order and is based on the details of your current order and your previously submitted prescription. The generated prescription will be reviewed by a qualified medical practitioner to ensure compliance with regulatory guidelines.

This process ensures that all orders are fulfilled responsibly and in the best interest of your health and safety.

NO DOCTOR-PATIENT RELATIONSHIP:

• Davaindia does not replace your relationship with your physician or healthcare provider. The information provided on the Website should not be relied upon as a substitute for professional medical advice, evaluation, or care from your physician or another qualified healthcare provider.
• You acknowledge that the Medical Experts affiliated with Davaindia are independent contractors, and Davaindia has no direct or vicarious liability for any advice or medical consultations they may provide.
• E-prescriptions issued by our medical experts may not be valid prescriptions under applicable laws of India and may not be used for dispensing medicines by any pharmacist, including third-party pharmacies. If you request Davaindia to process an e-prescription or any form of prescription, we act solely as an aggregator, and the dispensation of medicines is your responsibility and solely at the risk of third-party pharmacies.
• Although some content on the Website may be provided by medical professionals, this does not create a doctor-patient relationship. The information is meant to inform you about various medical conditions and treatment options, but it is not a substitute for a personal medical diagnosis, treatment, or prescription.
• Davaindia aims to support your health decisions by providing reliable health information. However, it is your responsibility to make decisions in connection with the advice of your doctor or other healthcare providers. Our website is not a place for practicing medicine, and consultations provided by Medical Experts are not for diagnosis or treatment.
• We do not endorse or recommend any specific medical expert(s), products, or procedures mentioned on the Website. Reliance on any information provided is at your own risk. In case of a medical emergency, contact your nearest doctor or hospital.
• The Services are not intended for medical emergencies or critical health situations requiring immediate attention. The consultations provided through the Website are not real-time and should not delay seeking advice from your healthcare provider
• The opinions and consultations provided by Medical Experts through the Website are solely their independent opinions and do not reflect the views of Davaindia. Davaindia disclaims any responsibility for the content provided by Medical Experts.
• The inclusion of Medical Experts on the Website does not imply endorsement of their credentials or qualifications. All information is provided on an "as-is" basis, and Davaindia disclaims all warranties, including implied warranties of merchantability or fitness for a particular purpose.
• Davaindia does not accept responsibility for any medical, legal, or financial events related to the use of the Website’s Services.
• Davaindia makes no warranty that the Services will meet your requirements or that they will be uninterrupted, secure, or error-free. We are not responsible for transmission errors or data corruption.
• The Website is for personal use only, and the Services should not be used for commercial purposes. You may not use the Website for illegal purposes, and you must not access our networks or systems in a way that could damage, disable, or interfere with the Website’s services or other users' enjoyment.

Your right to use the Services is non-transferable.

• Davaindia has no liability for interactions with Medical Experts or any third parties via the Website. We make no representations about the accuracy or completeness of any information provided by clients, users, or third parties.
• We may suspend access to the Website at our discretion to investigate complaints or violations of these Terms of Use. We also reserve the right to edit profiles of Medical Experts to improve searchability on the Website.
• The Services should not replace physical consultations with a doctor. Consultations provided through the Website are general in nature and not diagnostic.

Risks of Using DavaIndia’s Services:

• While the Website strives to provide access to the best medical information, Medical Experts will not physically examine you. They may lack critical details of your medical history and may not be able to give a complete diagnosis. The services provided differ from traditional medical diagnosis and treatment.
• By using the Website, you acknowledge that the information provided may be limited and provisional. It is not intended to replace face-to-face visits with your physician.
• If there is a difference of opinion between our Medical Experts and your physician, you are responsible for deciding whether to proceed with online or offline consultations or treatments. Any misinformation provided will render the opinion void.
• In some cases, Medical Experts may request additional information, or may refuse to provide a consultation if the transmitted information is inadequate. In rare instances, the query may not be answerable without a physical examination.
• By using the Services, you acknowledge the risks described above and agree to abide by these Terms of Use and Privacy Policy.

6. Other Terms

Your Profile, Collection, Use, Storage, and Transfer of Personal Information:

Your Davaindia profile is created to store a record of your consultations and personal health information online, including health conditions, allergies, and medications.

Any information provided during a web consultation or obtained through the use of the services becomes part of your Davaindia record. You agree to provide accurate information to help us serve you better, periodically review, and update such information as necessary.

Davaindia reserves the right to maintain, delete, or destroy communications and materials posted or uploaded to the Website according to its internal retention policies. You may be contacted via email to review information for DavaIndia’s records or services. Please ensure that your email ID is valid and updated when necessary.

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 ("SPI Rules"), as detailed in our Privacy Policy.

Davaindia is not responsible for the authenticity of the personal information or sensitive personal data provided by users.

Payment, Fees, and Taxes

Registration and access to the information provided on the Website is free. Davaindia does not charge any fee for browsing or purchasing products through the Website. Payments for products purchased directly from Davaindia must be made through available online payment options.

Each user is responsible for payment of taxes, legal compliances, and other statutory registrations related to their purchase. Davaindia is not responsible for any taxes except for its own income tax.

Return, Refund, Cancellation, and Shipping Charges

We offer returns and refunds on products and services ordered through the Website, subject to the terms outlined in our Return and Refund Policy. The Return and Refund Policy is an integral part of these Terms of Use, and users are encouraged to review it carefully.

User Obligations

Each user agrees not to engage in the following actions:

• 1. Posting or sharing information that is harmful, defamatory, obscene, illegal, or violates privacy rights.
• 2. Infringing on intellectual property rights, or violating any applicable laws.
• 3. Using the Website to transmit harmful content or software viruses.
• 4. Violating or attempting to violate the security of the Website or the content.

Davaindia reserves the right to disable information that contravenes these Terms of Use or violates applicable laws. Non-compliant users may have their access immediately terminated.

Security of Payment Methods

We use integrated APIs for secure transactions. Payments can be made through wallets such as Paytm, AmazonPay, PhonePe, and others. All debit/credit card payments are processed securely. Cash on delivery is not offered.

Privacy Policy and Data Protection

The collection and use of personal information are governed by Davaindia's Privacy Policy. By using the Website, you consent to the collection, use, and transfer of your information as outlined in our Privacy Policy.

These Terms of Use are subject to change. Users are encouraged to regularly review these terms to stay informed of any updates.

This revision aligns the original terms to reflect the nature of Davaindia's operations, including the sale of products directly from Davaindia, doctor consultations, and the website platform.

6. Liability

• Davaindia 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 Davaindia, where Other Parties have consented to the making of such disclosures by Davaindia.
• If the Other Parties had revoked such consent under the terms of the Privacy Policy, then Davaindia 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 Davaindia prior to its actual receipt of such revocation.
• The Other Parties shall not hold Davaindia responsible or liable in any way for any disclosures by Davaindia under Regulation 6 of the SPI Rules.
• The Services provided by Davaindia 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).
• Davaindia does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services.
• The Website may be linked to the website of third parties, affiliates and business partners. Davaindia has no control over, and is 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 Davaindia endorses the linked website. Other Parties may use the links and these services at their own risk.
• Davaindia shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties;
• Davaindia 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 Davaindia 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 warranty 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.
• Davaindia 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.
• Davaindia 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.
• To the maximum extent permitted by applicable law(s), Davaindia, 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.
• Davaindia 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.
• The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. Davaindia reserves the right to retain such information for the purpose of providing Services to the Users.
• With respect to the Consultation Services, after selection of the type of treatment viz. Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, Davaindia will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event shall the Protected Entities be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
• The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
• In no event shall the total aggregate liability of the Protected Entities to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Use or any Other Parties’ use of the Website exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only).
• Davaindia accepts no liability for any errors or omissions on behalf of the Other Parties.
• In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments.
• In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.

Indemnity

The Covenanters agree to defend, indemnify and hold harmless Davaindia, 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

Davaindia 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 Davaindia 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 Davaindia. 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 Goods 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 Davaindia 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 Davaindia, 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 Davaindia)

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.

Davaindia 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
• Davaindia is unable to verify or authenticate any information provided to Davaindia by Other Party(s); or
• Davaindia believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Davaindia (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
• Davaindia 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 Davaindia 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 DavaIndia’s opinion, no longer commercially viable; or
• Davaindia has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).

Davaindia 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, Davaindia 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).

Davaindia 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 Davaindia is unable to verify or authenticate any information the Other Party(s) submits to Davaindia, or if the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for Davaindia to provide the Services to the Other Party(s). The right to terminate/suspend the account is in addition to, and without prejudice to, DavaIndia’s right to initiate action against the Other Party(s), in accordance with applicable law.

Force Majeure

Other Parties accept and acknowledge that Davaindia 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 Davaindia or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond DavaIndia’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Davaindia, 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. Further, delivery time periods specified on Website shall always be nonbinding under all circumstances as delivery is dependent on multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond Company’s control.

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 Davaindia 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 Davaindia. Any consent by Davaindia to, or a waiver by Davaindia 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.

Contact Information

If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at care@davaindia.com. If any Other Party(s) has any questions concerning Davaindia, the Website, these Terms of Use, or anything related to any of the foregoing, Davaindia can be reached at the following email address - care@davaindia.com or via the contact information available from the following: Contact us. Please also refer to our grievance redressal policy available at https://www.davaindia.com/grievance-redressal-policy.

Account Deletion

Deleting an account is a permanent action and cannot be reversed. In case you want to use Davaindia services again, you will need to create a new account which will have no previous order history. In order to delete your account, please download the app and follow these steps: Go to Need Help → Profile → How do I delete my account → Account deletion. If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at care@davaindia.com. If any Other Party(s) has any questions concerning Davaindia, the Website, these Terms of Use, or anything related to any of the foregoing, Davaindia can be reached at the following email address - care@davaindia.com or via the contact information available from the following: Contact us. Please also refer to our grievance redressal policy available at https://www.davaindia.com/grievance-redressal-policy.