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These Terms of Use (“Terms”) apply to a users’ (“User/ Your”) access to, and use of, the website www.eva-life.com (the “Website”). The Website are operated by SARVAGUNAUSHDHI PRIVATE LIMITED, or its subsidiaries, licensees, and affiliated companies (collectively, “Sarvagunaushdhi/ We”).

As a condition of using the Website  and the services provided therein (“Services”), you agree to be bound by these Terms. By using or accessing the Website  and/or the Services, you agree to these Terms, as may be updated from time to time. If you do not agree to these Terms, do not use this Website . Because these Terms are a legal contract between you and Sarvagunaushdhi, it is important that you review the Terms carefully before accessing or using the Website . These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Sarvagunaushdhi, including without limitation the privacy policy (“Privacy Policy”).

  1. USER ACCOUNT
    • 1 In order to use the Website , you are required to provide various information about yourself including your name, email address and other personal information. You agree that any information you provide to Sarvagunaushdhi on the Website will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own.
  2. OWNERSHIP OF THE WEBSITE/APPLICATION
    • 1 The Website and Application contains content owned or licensed by Sarvagunaushdhi (“Sarvagunaushdhi Content”). Sarvagunaushdhi owns and retains all rights in the Sarvagunaushdhi Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sarvagunaushdhi Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Sarvagunaushdhi Content.

 

  1. SUITABILITY OF MATERIALS.
    • 1 We do not give any assurance that the materials provided or available to you on or through this website/mobile application are suitable for your requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials.

 

  1. USE OF THE WEBSITE/APPLICATION AND CONDUCT

 

  • 1 Use of the Website :

3.1.1 You may use the Website  for lawful purposes only. You shall not post or transmit through the Website  any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.

3.1.2 You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website  in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website ; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Website ; (vi) collecting or harvesting any personally identifiable information, including account names, from the Website ; (vii) using the Website  for any commercial purposes without having all necessary rights and licenses to the User Content; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Website ; (x) accessing any content on the Website  through any technology or means other than those capabilities provided by the Website ; or (xi) bypassing the measures we may use to prevent or restrict access to the Website , including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website  or the content therein.

 

  • 2 User Content Guidelines:

3.2.1 You are solely responsible for your conduct and any data, text, information, images, links and other content or materials that you submit post or display on or via the Website  (“User Content”). Sarvagunaushdhi shall have no liability for conduct in relation to your use of our Website. Violations of these Terms may result in legal consequences prescribed by all applicable laws of India.

3.2.2 Sarvagunaushdhi has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Website . Sarvagunaushdhi takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts or sends through the Website . You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms, you shall bear legal responsibility for that content.

3.2.3 You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Sarvagunaushdhi reserves the right, but is not obligated, to reject and/or remove any User Content that Sarvagunaushdhi believes, in its sole discretion, violates these provisions. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all Website therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 

  • 3 You agree not to:

3.3.1 copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of this website/mobile application or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in our absolute discretion)

3.3.2 use this website/mobile application or any of the materials or software on it, or provided to you through it, for: any unlawful purpose or in contravention of applicable law or commercial exploitation without our prior written consent

3.3.3  any purpose or in any manner that may give a false or misleading impression of us, our staff or our services use, upload or transmit

3.3.4 any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress, or which may affect or infringe the rights of any other person

3.3.5 any device, software, file or mechanism which may interfere with the proper operation of this website or our systems

3.3.6 establish a link to this mobile application from any other website, intranet or extranet site without our prior written consent

3.3.7 decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through this website/mobile application

3.3.8 do anything that may interfere with or disrupt this website/mobile application or our service encourage or permit others to do any of the above

3.3.9 In the event that you do not comply with the above restrictions, any person affected by your actions may bring a claim against you and/or Sarvagunaushdhi. We will pursue a claim against you for any losses and costs (including legal costs) we may suffer as a result of your actions. 

 

  • 4 In connection with your User Content, you affirm, represent and warrant the following:

3.4.1 Your User Content and your use thereof as contemplated by these Terms and the Website  will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.

3.4.2 To the extent that you use the Website  for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Website .

3.4.3 Sarvagunaushdhi may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

3.4.4 Sarvagunaushdhi takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, sends or otherwise makes available through the Website , whether directly or indirectly. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that Sarvagunaushdhi is only acting a passive conduit for the distribution and publication of your User Content. If your Content violates these Terms, you shall bear legal responsibility for that content.

3.5   You agree that Sarvagunaushdhi is not responsible for, and does not endorse, User Content posted within the Website . Sarvagunaushdhi does not have any obligation to pre-screen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.

3.6   Sarvagunaushdhi reserves the right to remove any User Content from the Website  for any reason, without prior notice. User Content removed from the Website  may continue to be stored by Sarvagunaushdhi, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Sarvagunaushdhi will not be liable to you for any modification, suspension, or discontinuation of the Website , or the loss of any User Content.

  1. RIGHTS TO USER CONTENT

5.1 If you share your User Content with Sarvagunaushdhi or link your User Content to Sarvagunaushdhi on a third party service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Sarvagunaushdhi a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website  and Sarvagunaushdhi’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our Website  (and derivative works thereof) in any media formats and through any media channels.

 

  1. PRIVACY AND SECURITY

6.1 You understand that by using the Website  you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, processed and transferred to such service providers or affiliates as detailed under the thereunder.

6.2 You understand that Sarvagunaushdhi cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

  1. DISCLAIMERS, EXCEPTIONS AND LIMITATIONS

7.1 The Website  is a platform through which Sarvagunaushdhi advertise products and make available offerings.

7.2 You acknowledge that there will be occasions when the Website  may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

7.3 YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DIS SATISFACTION WITH THE WEBSITE AND/OR THE APPLICATION, THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE AND/OR THE APPLICATION.

  1. LIABILITY

            We will not be liable for any loss or damage (in contract, negligence or otherwise) where:

 

8.1 There is no breach of a legal duty of care owed to you by us;

8.2 The loss or damage is not a reasonably foreseeable result of any such breach; or

8.3 Any loss or damage or increase in loss or damage results from a breach by you of these terms and conditions. The maximum liability of Sarvagunaushdhi shall be limited to the cost of the products purchased or services availed by the customer, Sarvagunaushdhi or its directors shall not be liable for any indirect, consequential or other damages caused to the user

 

  1. AGE RESTRICTIONS:

9.1 We only accept Prescription Orders from customers who are 18 years old or over although they may order prescriptions for persons who are under 18. By placing an order, you confirm that you are at least 18 and legally eligible to contract.

 

  1. BINDING AGREEMENT:

10.1 No Order placed by you will be binding on us until we have confirmed the order to you by phone, email or in writing. We reserve the right to reject any order. All orders are delivered subject to receipt of valid prescription and availability.

 

  1. ORDER, ACCEPTANCE & DELIVERY:

11.1 Placement of an order either directly (in case of a repeat order or continuous drug administration as prescribed) shall constitute an agreement with us. All orders are subject to acceptance and confirmation of delivery date and time. Mere receipt of the prescription or an order either directly from you or from the registered medical practitioner does not amount to acceptance of your order nor guarantee that the drugs will be delivered as per your requirement within a specific time. All orders are subject to availability of stocks. Sarvagunaushdhi reserves the right to share your prescription with its associated pharmacies for fulfilling your prescription, who will dispense the drugs as per the prescription and issue a valid sale receipt. 

 11.2 All orders made by the customers shall be subject to various laws, including Drugs and Cosmetics Act (as may be amended from time to time). We do not accept orders for certain drugs and cosmetics, unless the same is prescribed by the registered medical practitioner licensed by the Medical Counsel of India. We do not verify the authenticity of the orders placed by you, where the prescriptions are received directly from a registered medical practitioner licensed by the Medical Counsel of India or your family doctor, who has placed the order on your behalf after your authorization. All drugs and cosmetics will be deliver through a delivery agent without disclosing your personal information or prescriptions in compliance with the applicable laws either directly to the patient or its authorised person. On delivery Sarvagunaushdhi shall be entitled to full payment for the same.

11.3 You agree that the prices mentioned on our website or mobile app are approximate estimates of the actual/exact price of the drugs. The actual/exact price of the drug will depend upon its batch number and will be mentioned in the invoice dispatched to you along with your order. In case a pre-payment has been made by you basis the price estimate at the time of placing the order, should there be a shortfall upon generation of invoice, you undertake to pay the shortfall through any of the payment modes made available to you by us. In case the payment made by you basis the price estimate at the time of placing the order is more than the price as per the generated invoice, the excess payment will be refunded back to you in your bank account, credit card, debit card or wallet which may have been used by you at the time of making the payment.

 

  1. CANCELLATION, RETURN AND REFUND:

We understand that there will be genuine reasons when you decide to cancel an order. You may cancel your order before delivery by calling customer care number xxxxxxxxxx.

12.1 During order delivery, Sarvagunaushdhi’s delivery team requests every customer to verify the contents and provide an acknowledgement confirming the correctness and completeness of the order.

12.2 In case of any discrepancies including tampered order box or contents, please alert the delivery team or call us on our customer care number ------------------------ for resolution.

12.3 Once the order is verified and acknowledged by the customer, the order in full or part cannot be returned unless there is a defect in the delivered order which is highly unlikely.

12.4 Refunds will be processed only for defective and incorrect deliveries.

12.5 All refunds will be made only through NEFT to the account which is provided by the customer. Refunds for Credit Card payments will take 21 days to get processed.

12.6 All returns and refunds will happen in proportion to the products refunded. In case there are part items qualifying for returns and refunds, it is always processed for the full order and invoice. We will not process partial delivery or returns.   

  1. WARRANTY

13.1  THE WEBSITE  ARE PROVIDED ON AN “AS IS”BASIS, AND USE OF THE WEBSITE  IS AT THE USER’S RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE  ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SARVAGUNAUSHDHI OR THROUGH THE WEBSITE  WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SARVAGUNAUSHDHI OR ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSOR'S DO NOT WARRANT THAT THE CONTENT FOUND ON THE WEBSITE  IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE  WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE  WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE  IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE  IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE . SARVAGUNAUSHDHI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE AND/OR THE APPLICATION, OR ANY HYPER LINKED WEBSITE OR SERVICE, AND SARVAGUNAUSHDHI WILL NOT BE A PARTY TO ORGIN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

  1. TERMINATION

14.1 Sarvagunaushdhi may terminate these Terms for any reason at any time. Sarvagunaushdhi reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website , with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

 

  1. INDEMNIFICATION

15.1 You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website . You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

  1. LIMITATION OF LIABILITY

16.1 IN NO EVENT WILL SARVAGUNAUSHDHI OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE AND/OR THE APPLICATION, OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SARVAGUNAUSHDHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

  1. GOVERNING LAW

17.1 This Agreement shall be governed by the laws of India, and the courts of Delhi shall have exclusive jurisdiction with respect to any dispute arising hereunder.

  1. MISCELLANEOUS PROVISIONS

18.1 Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions here instated.

18.2 Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.

18.3 Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.

 

18.4 No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any non-compliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).

 

18.5 Notices: Any notice required or permitted to be given to Sarvagunaushdhi hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Sarvagunaushdhi. All notice required to be given under these Terms shall be addressed to:

SARVAGUNAUSHDHI PRIVATE LIMITED,

13th Floor, Pearl Best Hight-1, Netaji Subhash Place, Pitampura, Delhi-110034

 

We may change the Terms or modify any features of the Website  at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions”. If you continue to use the Website  after changes are posted you will be deemed to have accepted the change.