Terms & conditions

Inguin

Welcome to www.inguin.in ("inguin.in", "Inguin", "Website", or "we"). This Website is owned and operated by Inguin Technologies Private Limited, whose registered office is in Bangalore, India.

The following are the Terms and Conditions, read together with the Privacy Policy, that govern your purchase and use of the products and services (the "Products") from inguin.in, and constitute a legally binding agreement, between you ("the Customer", the "User", the service receiver or "the Caregiver") and Inguin, a healthcare IT company.

By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.inguin.in, you are deemed to have agreed to all the following Terms and Conditions and in connection with Sale/Service, or other wise. Using the website without applying the all terms and condition mentioned therein shall be deemed to be void ab initio.

The Agreement applies to you if you are -

A medical practitioner or health care service provider (whether an individual professional or an organization) or similar institution listed or in the process of listing, on the Website, including designated, authorised associates of such Health Professionals or institutions(“Practitioner(s)”, “you” or “User”), or patient, his/her representatives or affiliates, searching for Health Professionals through the Website(“End-User”, “you” or “User”), Otherwise a user of the Website(“you” or “User”), or otherwise user of the Application(“you” or “User).

This Agreement applies to those services made available by inguin on the Website, which are offered to the Users/Service receivers (“Services”), including the following:

For Health Professionals: Listing of Health Professionals and their profiles and contact details, to be made available to the other Users and visitors to the Website. For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Health Professionals by name, specialty, and geographical area, or any other criteria that may be developed and made available by inguin, and (iii) to make appointments with Health Professionals.

The Services may change from time to time, at the sole discretion of inguin, and the Agreement will apply to your visit to and your use of the Website to avail the Services, as well as to all information provided by you on the Website at any given point of time.

By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.inguin.in, you are deemed to have agreed to all the following Terms and Conditions of Sale/Service. So, before you use this Website, please read these Terms carefully as you agree to be bound by them. If you do not accept these Terms and Conditions, please do not use this Website.

We reserve the right to modify, terminate or set aside any portion of the Agreement for any reason/reasons at any point of time, and such modifications shall be informed to you in writing, You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

Your access to use of the Website and the Services will be solely at the discretion of inguin.

The Agreement is published in compliance of, and is governed by the provisions of Indian law for the time being in force, including but not limited to:

The Indian Contract Act, 1872,the (Indian) Information Technology Act, 2000 amended by time to time, and the notification, rules, regulations, guidelines and clarifications issued there under and the provision prescribed under the specified act mentioned there in, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

1. Creating an Account

1.1 To use certain features of the Website (e.g., ordering Products, posting rating/reviews, receiving Inguin e-newsletters), you must set up an account with inguin.in (Inguin Account”) and provide certain information about yourself as specified by the Customer/user Information form, including, your name, gender, email address, account password, mobile phone number and billing/shipping address. All of your registration information is protected by our Privacy/confidetial Policy.

1.2 You represent and warrant that the information you declare during registration is truthful,fair and accurate and that you will maintain the accuracy of such information.Any contract entered between user/service receiver/customer and us based on the false information declared shall be void ab initio with the penal consequences against the party declaring false information.

1.3 Your Inguin Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Inguin Account

1.4 inguin will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your Inguin account, you shall immediately notify inguin.in.

1.5 It is your responsibility to keep your e-mail address up-to-date on your account setup at inguin.in so that we can communicate in time with you electronically.

2. Privacy Policy

2.1 Your personally identifiable information will be used in accordance with our Privacy Policy. To understand our practices, as to how we collect, use and disclose your personally identifiable information, please refer our Privacy Policy, which also governs your visit to inguin.in.

2.2 We understand the privacy of all information you provide is of a primary importance. This is why we do everything possible to use it carefully and sensibly. This information is never shared with other companies or third party service providers until unless the prior consent of the same is obtained from the party.

3. Customer eligibility

Our Customers or Users must be 18 years or more of age and registered with us. We will not knowingly collect information from Inguin visitors in this below the 18 years age group.

4. Price and Payment

4.1 All our product/services prices are inclusive of all taxes and duty as per law applicable for the time being in force.

4.2 We make every effort to make sure that the pricing and availability of Products on our Website is accurate and fairly presented and up to date as per our best knowledge. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel/modify or set aside the contract/contracts with prior duly written notice.

4.3 We reserve the right to correct any inaccuracies or omissions related to the pricing and product/product's availability/descriptions, even after you have submitted your order, and to change or update any other information for the benefit of users/service receiver at any time without prior notice.

4.4 Our shipping charges include a standard delivery rate of Rs. 49 if the order value is less than Rs. 1000, and Free delivery if the order value is more than Rs. 1000 in the case of delivery timeline is between 24hours to 72 hours

4.5 Standard delivery orders will be delivered within 3 to 7 working days. Express delivery orders will be delivered within 2 to 3 working days.

4.6 Inguin shall not be responsible for ingenuity of the delivered Medicines.

4.7 Inguin can change offers and discounts anytime.

4.8 Inguin shall be not responsible for the given time of delivery. That solely depends on the vendor.

5. Use of Information on the Website

5.1 Contents provided on the Website or through our services is intended for informational purposes only, and is not intended to diagnose, treat, cure or prevent any disease. The information on this Website is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of your physician or other qualified healthcare professional with any questions you may have about your medical condition.

5.2 inguin.in does not endorse any views or opinions that may be included in the Website Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and inguin.in.

6. FOR HEALTH CARE PROFESSIONAL

6.1 LISTING POLICY

6.1.1 inguin, directly and indirectly, collects information regarding the Health Professionals’ profiles, contact details, and practice. inguin reserves the right to take down any health professional’s profile as well as the right to display the profile of the Health Professionals, with or without notice to the concerned health professionals. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect or not fairly presented with us, you are required to inform inguin immediately to enable inguin to make the necessary amendments to avoid the future consequences and to provide the best practice.

6.1.2 inguin shall not be liable and responsible for the ranking of the Health Professionals on external websites and search engines.

6.1.3 inguin shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by inguin, where the User has expressly or implicitly consented to the making of disclosures or publications by inguin. If the User had revoked such consent under the terms of the Privacy Policy, then inguin shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by inguin prior to its actual receipt of such revocation.

6.1.4 inguin reserves the right to moderate the suggestions made by the Health Professionals through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, inguin shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Health Professionals are added to the Website

6.1.5 Health Professionals explicitly agree that inguin reserves the right to publish the Content provided by Health Professionals to a third party including content platforms.

6.1.6 You as a health professional hereby represent and warrant that you will use the Services in accordance with the terms and conditions and applicable law for the time being in force. Any contravention of term and condition and applicable law for the time being in force as a result of your use of these Services is the sole responsibility of the party in default, and inguin accepts no liability for the same.

7.PROFILING

Inguin ensures easy access to the Health Professionals by providing a tool to update your profile information. inguin reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates information requested by Health Professionals. However, inguin takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using inguin’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, inguin may modify or delete parts of your profile information at its sole discretion with or without notice to you.

7.1 RECOMMENDATION, REVIEWS AND FEEDBACK

7.1.1 All Critical Content is content created by the Users of www.inguin.in (“Website”) and the clients of inguin customers and Health Professionals, including the End-Users. As a platform, inguin does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ prescribed under the Information Technology Act, 2000. The role of inguin and other legal rights and obligations relating to the Critical Content are as may be prescribed time to time.

7.1.2 Inguin reserves the right to collect feedback and Critical Content for all the Health Professionals, Clinics and Healthcare Providers listed on the Website.

7.1.3 Inguin shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law for the time being in force.7.3.2 Inguin shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law for the time being in force.

7.1.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. inguin shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative or offensive nature. In these respects, you may use the Service at your own risk. inguin however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are as may be prescribed

7.1.5 Inguin will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.

7.1.6 If inguin determines that you have provided inaccurate information or enabled fraudulent feedback, inguin reserves the right to immediately suspend any of your accounts with Inguin and makes such declaration on the website alongside your name/your clinic's name as determined by inguin for the protection of its business and in the interests of Users/service receivers.

7.2 INGUIN REACH RIGHTS

Inguin reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, inguin will not be liable for the accuracy of information or the claims made in the Sponsored Listings. inguin does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. inguin will not be liable for the services of the providers of the Sponsored Listings as those are only informational purposes.

You represent and warrant that you will use these Services in accordance with applicable law for the time being in force. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and inguin accepts no liability for the same.

8. Disclaimer of Warranties and Limitation of Liability

8.1 All information, Products and services included on or otherwise made available to you through this Website are provided by inguin.in on an "as is" and "as available" basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website is at your sole risk.

8.2 inguin.in assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.

8.3 inguin.in has exerted reasonable efforts to ensure that all information published on the Website is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website at our sole discretion.

8.4 inguin.in cannot guarantee the adequacy, accuracy or completeness of the Website content. inguin.in does not warrant or endorse the effectiveness, quality or safety of the Products and services available on its Website.

8.5 We disclaim responsibility for any harm to persons resulting from any instructions or Products referred to in the Website. inguin.in is not associated with any manufacturer of medicines or other products on the Website. We do not warrant that the Website, or its content will meet your requirements.

8.6 Please note that while Inguin has made every effort to accurately display the colours of products on its Website, the actual colour you see will depend on your monitor. We cannot guarantee that your monitor’s display of any colour will be the same as the colour of the Products delivered to you.

8.7 We may let you view our information and communicate with us through the Social Media services such as Facebook and Twitter, Instagram, G+, linkdin. Inguin explicitly disclaims any responsibility for the terms of use and privacy policies that govern these third-party websites, which are in no way associated with us.

8.8 inguin.in accepts no responsibility for any loss or damage suffered due to your reliance on the products and services reviews posted by the Inguin Users.

8.9 inguin.in reserves the right to modify or withdraw any part of the website/services or any of its content at any time without notice.

9.Website Availability

We take all reasonable care to ensure the availability of the inguin.in Website 24x7. However, the Website may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. inguin.in does not warrant uninterrupted access to this Website or any linked website. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website.

10.Terms of Sale/Services

10.1 inguin.in may accept or decline any order placed by a Customer in its absolute discretion without liability to you.

10.2 inguin.in reserves the right to discontinue any program or offer on its Website.

10.3 We reserve the right, without prior notice, to limit the order quantity of any Products available on inguin.in.

10.4 We acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by the Pharmacy Inguin and/or its affiliates. You confirm that you have had a physical examination by a physician and do not require a physical examination.

10.5 You understand that all Products shall be sold & dispensed by a registered Pharmacist at Inguin and/or its affiliates and this clause shall apply mutatis mutandis to rendering of services as well.

10.6 If you are the patient/parent/authorised person on behalf of the patient, you authorise and appoint the Pharmacy Inguin and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent the Pharmacy; and (b) packaging your prescriptions and delivering them to you. By making this purchase you hereby authorise Inguin and/or its affiliates to ship the order by Post/courier to your designated location or address communicated by the parties. This authorisation shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfillment of your order. "YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES” or otherwise

11.Prescription Medication Policy

11.1 inguin.in, is an aggregator of fully licensed and regulated pharmacy registered as a vendor to inguin, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications.

11.2 inguin.in will not dispense any prescription medication without a valid prescription from a licensed physician.

11.3 If you are ordering prescription medication(s), you hereby confirm that you will send us a scanned copy of your valid prescription(s) via email, Whatsapp, or by post,or any other prescribed communication means and this prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacists

11.4 The drug information provided in the inguin.in is for informative purposes only and this Website is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website.

11.5 Inguin requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from inguin.in.

11.6 At inguin.in, a Caregiver can order prescription medicines on your behalf.

12. Returns/Refunds Policy

At inguin.in, we do our best to ensure that you are completely satisfied with our products and services. We understand that returns of the products may be necessary in some cases. And we are happy to offer you peace of mind when you are not fully satisfied with the purchase and want to return back the products to us. You may return the ordered item(s), or any item(s) included in the order, within 7 days of the arrival of your order. You may receive a full refund based on the conditions listed below: Please note: Inguin ‘Returns Policy’ may vary depending on the specific nature of the products. Refunds Possible If the Item(s) You Received is different from the ones you ordered;are lost or damaged during transit;is past its expiry date;is a defective item. Returns NOT Eligible If the Item(s) You Ordered: is without original packing/accessories.falls under the following product categories: Oral care (toothbrushes, toothpastes), Women care (sanitary napkins, breast relievers) and other Personal hygiene products;is used or tampered with.

13.Copyrights, Trademarks and other Intellectual Property Rights

13.1 As per the Terms and Conditions of inguin.in, the Website grants access to Users/Customers/service receivers to view the content solely for visiting, ordering, and communicating only. All materials in this Website, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Website are copyrights and/or other intellectual properties owned by Inguin Technologies Private Limited. All other trademarks not owned by inguin.in that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by inguin.in.

13.2 You hereby agree that you will not reproduce, duplicate or copy the content of inguin.in for any purpose, unless you have been specifically permitted to do so in a separate agreement with this Website.

14.User Indemnification

You hereby agree to indemnify, defend, hold harmless inguin.in and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defenses.

15.Applicable Law and Jurisdiction

These Terms and Conditions and your use of this Website and its content will be governed by and construed in all respects in accordance with the laws of India for the time being in force subject to the jurisdictional courts of Bangalore.

16.Severability

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

17. No Waiver

No failure on the part of inguin.in to enforce any part of these Terms and Conditions shall constitute a waiver of any of Inguin’ rights under these Terms and Conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by Inguin nor the reliance of any person on Inguin actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorised representative of inguin.in shall have any legal effect whatsoever.

18.Submissions

18.1 inguin.in reserves sole discretion to accept, edit or reject any and all materials you may send to us (collectively, "Submissions") as part of the features in the Website, including but not limited to, Ratings & Reviews, Ask Our Pharmacist Your Questions and Testimonials. Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy.

18.2 inguin.in shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

18.3 You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.

18.4 The User/Customer/service receiver shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the inguin.in Website.

18.5 inguin.in does not endorse and is not responsible for any Submissions on its Website. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.

19.Termination

You agree that inguin.in, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate,modify or set aside your access to and use of the Website, at any time. You agree that any termination of your access to the Website or suspension of your account may be effected without prior notice, and you agree that inguin.in shall not be liable to any damages caused by you for any such termination. Your right to use the Inguin Website/Service immediately ceases upon termination of your access/use of the Website

20.Changes to these Terms and Conditions

We reserve the right to amend these terms and conditions from time to time without further notice to you. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the Website or on the App. It is your responsibility to review the inguin.in Terms and Conditions regularly. Your continued use of the Website following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions. These Terms were published on 25/05/2016.

Contact Information

Please contact us for any questions or comments regarding these Terms and Conditions.
Telephone number: 9611226986
E-mail: info@inguin.in