Terms of Use

This is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.


This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.MedicareTulsi.com website.

 

The domain name www.MedicareTulsi.com (hereinafter referred to as “Website”) is owned by MedicareTulsi a company incorporated under the Companies Act, 1956 with its registered office at …….India (hereinafter referred to as “MedicareTulsi”).

The Terms and Conditions (“Terms of Use”) govern the use of this Website along with its services. These Terms are applicable to the Website which also includes other applicable policies incorporated herein by way of reference. If any such User carries out any transaction on this Website, the user shall be subject to the policies that are applicable. By mere use of the Website, User shall be contracting with MedicareTulsi and these terms of use including the policies constitute Users binding obligations, with MedicareTulsi. For the purpose of these Terms and Policies, wherever the context so requires, “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Details while registering on the Website as Registered User using the computer systems. MedicareTulsi allows the User to surf the Website or make purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean MedicareTulsi.

When a User makes use of any services provided by Us through the Website, including additional services (e.g. Reviews relating to products, services), User will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to the User. It is the User’s responsibility to review these Terms of Use periodically for any updates /+ changes. User’s continued use of the Website following the posting of changes will mean that User has accepted and agreed to the revisions. As long as User complies with these Terms of Use, We grant User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

BROWSING, USING OR OTHERWISE ACCESSING THE WEBSITE INDICATES USER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE. A USER SHALL READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, User also accept and agree to be bound by MedicareTulsi Policies ((including but not limited to Privacy Policy available at PRIVACY) as amended from time to time.

User’s Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If User are a minor i.e. under the age of 18 years, User shall not register as a User of the MedicareTulsi website and shall not transact on or use the website. As a minor if a user wish to use or transact on website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. MedicareTulsi reserves the right to terminate Users membership and / or refuse to provide User with access to the Website if it is brought to MedicareTulsi’s notice or if it is discovered that User are under the age of 18 years.

User’s Account and Registration Obligations

If a User accesses the Website, User shall be responsible for maintaining the confidentiality of its Display Name and Password and User shall also be responsible for all activities that occur under User’s Display Name and Password. If a User provides any information that is false, inaccurate, not current or incomplete or if there is any reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Users membership on the Website and refuse to provide the User with access to the Website

Communication and Transaction

When a User send’s emails or other data, information or communication to us, User shall agree and understand that any such communication with us through electronic records is bound to receive communications via electronic records from Us periodically and as and when required. We may communicate with the User by email or by such other mode of communication, electronic or otherwise.

The Website is a platform that Users utilize to meet and interact with one another for their transactions. MedicareTulsi is not and cannot be a party to or control in any manner any transaction between the Website’s Users and Seller’s.

  1. Almost all the terms of contract are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and modeof delivery, quality of the products and services and after sales services related to products and services. MedicareTulsi does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by MedicareTulsi.
  2. The order placed by a Buyer with Seller on the Website is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s order to buy the product(s). The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
  3. MedicareTulsi does not take the responsibility of making any representation or assurances as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. MedicareTulsi does not implicitly orexplicitly support or endorse the sale or purchase of any products or services on the Website. MedicareTulsi accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  4. MedicareTulsi is not to be held liable for any non-performance or breach of any contract entered into between Buyers and Sellers. MedicareTulsi cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concludedon the Website. MedicareTulsi shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
  5. MedicareTulsi does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. Users are advised to independently verify the bona fides of any particular Seller which Userschoose to deal with on the Website and Users shall come up with best judgment after making a proper search.
  6. MedicareTulsi does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products orservices offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
  7. At no time shall MedicareTulsi hold any right, title or interest over the products nor shall MedicareTulsi have any obligations or liabilities in respect of such contract enteredinto between Buyers and Sellers. MedicareTulsi is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  8. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. MedicareTulsi is only providing a platform forcommunication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
  9. MedicareTulsi shall hold no right, title or interest over the productsnor does MedicareTulsi have any obligations or liabilities in respect of such contract.
  10. MedicareTulsi is not responsible for unsatisfactory or delayed performance of servicesor damages or delays as a result of products which are out of stock, unavailable or back ordered.
  11. User shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that Users transact with.
  12. Disclaimer:Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such Users order(s).
  13. User release and indemnify MedicareTulsi and/or any of its officers and representatives from any cost, damage, liability or other consequence of any ofthe actions of the Users of the Website and specifically waive any claims that User may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, MedicareTulsi cannot take responsibility or control the information provided by other Users which is made available on the Website. User may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or  Please use caution and practice safe trading when using the Website.
  14. Please note that there could be risks in dealing with underage persons or people acting under false pretenses.

Membership Charges

Membership on the Website is free for buyers. MedicareTulsi does not charge any fee for browsing or registration as a member on the Website. MedicareTulsi reserves the right to change its Fee Policy from time to time. In particular, MedicareTulsi may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event MedicareTulsi reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. User shall be solely responsible for compliance of all applicable laws including those in India for making payments to MedicareTulsi.

Use of the Website

User’s access to this Website shall be strictly governed by the following binding principles:

  1. User shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which User does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];

(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms of Use, MedicareTulsi’s prior written consent means a communication coming from MedicareTulsi’s Legal Department, specifically in response to Users request, and specifically addressing the activity or conduct for which User seeks authorization;

(p) Solicits gambling or engages in any gambling activity which we, in Our sole discretion, believes is or could be construed as being illegal;

(q) Interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;

(r) Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) Harm minors in any way;

(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(u) violates any law for the time being in force;

(v) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) Impersonate another person;

(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(y) Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(z) Shall not be false, inaccurate or misleading;

(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

  1. User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar orequivalent manual process, to access, acquire, copy or monitor any portion of theWebsite or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity.
  2. User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or throughthe Website, by hacking, password “mining” or any other illegitimate means.
  3. User shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authenticationmeasures on the Website or any network connected to the Website. User maynot reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by the User, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Users own information, as provided for by the Website.
  4. User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms MedicareTulsi, MedicareTulsi.com, or otherwise engage inany conduct or action that might tarnish the image or reputation, of MedicareTulsi or sellers on platform or otherwise tarnish or dilute any MedicareTulsi’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. User shall agree that he/she will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or MedicareTulsi’s systems or networks.
  5. User agree not to use any such electronic device, software or any other mode to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  6. User shall not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MedicareTulsi.
  7. User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicableand as amended from time to time and also all applicable Domestic laws, rulesand regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Users use of Our service, purchase, solicitation of offers to purchase, and sale of products or services. User shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  8. Solely to enable Us to use the information User supply Us with, so that we are not violating any rights which might have in Users Information, User agree to grantUs a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable(through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights which the User has information in his/ her possession, in any media now known or not currently known, with respect to Users Information. We will only use Users information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
  9. From time to time, User shall be responsible for providing information relating to the products or services proposed to be sold by user. In this connection, User undertakes that all such information shall be accurate in all respects. User shall notexaggerate or over emphasize the attributes of such products or services so as tomislead other Users in any manner.
  10. Users correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties orrepresentations associated with such dealings, are solely between User and such advertiser. We shall not be responsible or liable for any loss or damage of anysort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  11. It is possible that other user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that the User may be involuntarily exposed to such offensive and obscene materials. Italso is possible for others to obtain personal information about Users on the Website, and that the recipient may use such information to harassor injure. We do not approve of such unauthorized uses, but by using the Website User acknowledges and agrees that We are not responsible for the use of any personal information that User publicly discloses or shares with others on the Website. Please carefully select the type of information that User publicly disclose or share with others on the Website.
  12. MedicareTulsi shall have all the rights to take necessary action and claim damages that may occur in the above situations.

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Contents on the Website

Contents having graphics, user interfaces, text, visual interfaces, photographs, trademarks, logos and artwork (collectively, “Content”), is a third party user generated content and MedicareTulsi has no control over such third party user generated content as MedicareTulsi is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without MedicareTulsi’s express prior written consent.

User may use information on the products and services purposely made available on the Website for downloading, provided that the User (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Users personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

User shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). The Contents of website will become our property and User may grant Us the worldwide, perpetual and transferable rights in such Content.

We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content User provide. User agree that any Content User post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and User are not entitled to any payment or other compensation for such use.
Privacy

We are concerned about protection of Users privacy as a very important principle. We understand clearly that Users Personal Information is one of our most important aspects. We store and process Users Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. If Users object to Information being transferred or used in this way please do not use Website. We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to User as a result of such sharing unless User explicitly opt-out. We may also disclose personal information to third parties. This disclosure may be required for us to provide User access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose Users personal information to third parties for their marketing and advertising purposes without Users explicit consent. We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public. We and our affiliates will share / sell some or all of Users personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business with such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy.

Warranties and Liability

All the products (including but not limited to software) and services, included on or otherwise made available to User through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, MedicareTulsi does not warrant that:

  • The information on this Website is complete, true, accurate or non-misleading.
  • This Website will be constantly available, or available at all; or

MedicareTulsi will not be liable to User in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. MedicareTulsi does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to User through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to User.

User will be required to enter a valid phone number while placing an order on the Website. By registering Users phone number with us, User consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.

Selling of Products

The registered sellers are allowed to list products(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. User must be legally able to sell the item(s) User list for sale on our Website. User must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe Users item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales. The description of the products must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, User agree to refund any amounts that User may have received from the Buyer. User agree not to list a single product in multiple quantities across various categories on the Website. MedicareTulsi reserves the right to delete such multiple listings of the same product listed by User in various categories.

Payment Services

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to User due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by User and between”Bank/s”, or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by User shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering Users order to User, Seller may request User to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by User for Users purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

  1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merelyused by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render MedicareTulsi liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regardsthe products and /or services listed on Medicare Tulsi’s Website.
  2. User have specifically authorized MedicareTulsi or its service providers to collect, process, facilitate and remit payments and / or the Transaction Priceelectronically or through Cash on Delivery to and from other Users in respectof transactions through Payment Facility. Users relationship with MedicareTulsi is on a principal to principal basis and by accepting these Terms of Use User agree that MedicareTulsi is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on MedicareTulsi’s Website that are paid for by using the Payment Facility. MedicareTulsi does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
  3. User understand, accept and agree that the payment facility provided by MedicareTulsi is neither a banking nor financial service but is merely a facilitatorproviding an electronic, automated online electronic payment, receiving paymentthrough Cash On Delivery, collection and remittance facility for the Transactions on the MedicareTulsi Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, MedicareTulsi is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility:

  • User, as a Buyer, understand that upon initiating a Transaction User areentering into a legally binding and enforceable contract with the Seller topurchase the products and /or services from the Seller using the Payment Facility, and User shall pay the Transaction Price through Users Issuing Bank to the Seller using Payment Facility.
  • User, as a Buyer, may agree with the Seller through electroniccommunication and electronic records and using the automated featuresas may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
  • User, as a Buyer, shall electronically notify Payment Facility using theappropriate MedicareTulsi Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notificationby User of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
  • User, as a Buyer, shall be entitled to claim a refund of the TransactionPrice (as Users sole and exclusive remedy) in case User do not receive theDelivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case User do not raise a refund claim using Website features within the stipulated time than this would make User ineligible for a refund.
  • User, as a Buyer, understand that the Payment Facility may not beavailable in full or in part for certain category of products and/or servicesand/or Transactions as mentioned in the Policies and hence User may not be entitled to a refund in respect of the Transactions for those products and /or services.
  • Except for Cash On Delivery transaction, refund, if any, shall be made atthe same Issuing Bank from where Transaction Price was received.
  • For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided bythe Buyer)
  • Refund shall be made in Indian Rupees only and shall be equivalent to theTransaction Price received in Indian Rupees.
  • For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfersystem approved by Reserve Bank India (RBI).
  • Refund shall be conditional and shall be with recourse available to MedicareTulsi in case of any misuse by Buyer.
  • Refund shall be subject to Buyer complying with Policies.
  1. MedicareTulsi reserves the right to impose limits on the number of Transactions or Transaction Price which MedicareTulsi may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or anyother financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enablingsupport facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  2. MedicareTulsi reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with MedicareTulsi or breach/violation of any law or any chargesimposed by Issuing Bank or breach of any policy.
  3. MedicareTulsi may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of MedicareTulsi. As aresult of such check if MedicareTulsi is not satisfied with the creditability of the Buyer orgenuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
  4. MedicareTulsi may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if MedicareTulsi deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition,MedicareTulsi may hold Transaction Price and MedicareTulsi may not inform Seller to Dispatchor remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
  5. The Buyer and Seller acknowledge that MedicareTulsi will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Pricewhich is beyond control of MedicareTulsi.
  6. Buyer and Seller shall comply with all the applicable laws (including withoutlimitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may beissued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and MedicareTulsi Website.
  7. All Valid Credit / Debit/ Cash Card/ and other payment instruments areprocessed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditionsagreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
  8. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facilityto provide these services to the Users. All such Online Bank Transfers on PaymentFacility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Indemnity

User shall indemnify and hold harmless MedicareTulsi, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Users breach of this Terms of Use, privacy Policy and other Policies, or Users violation of any law, rules or regulations or the rights (including infringement of intellectual property rights or any of the provisions of The Drugs and Cosmetics Act, 1940) of a third party.

Limitation on Sale

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. MedicareTulsi make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and MedicareTulsi is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Intellectual Property Rights

MedicareTulsi holds control over this website and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Users personal, non-commercial use. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and User must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which User receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Limitation of Liability

IN NO EVENT SHALL MEDICARETULSI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Replacement

The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.

If MedicareTulsi has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then MedicareTulsi may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users.

MedicareTulsi reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, MedicareTulsi may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related. Any person who, knowingly and with intent to injure, defrauds or deceives, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

For more details related to Replacement Policy, refer to s/help/cancellation-returns

Return Policy

Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on the MedicareTulsi website. Following situations may arise:

  1. Item was defective
  2. Item was damaged during the Shipping
  3. Products was / were missing
  4. Wrong items were sent by the Seller.

Return could also result in refund of money in most of the cases and the matter with respect to refund policy can be found within this document.

Customer Support

MedicareTulsi are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support help center at http://www.MedicareTulsi.com/helpcentre.