TERMS AND CONDITIONS
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General
These terms and conditions (“Terms and Conditions”) constitute a valid and binding agreement between you – the user (“You” or “Your” or “User”) and Digiarway Healthcare Private Limited, a company incorporated under the Companies Act, 2013, having its registered office in Delhi (“DigiLooks Healthcare” or “We/Us”). DigiLooks Healthcare owns and operates the website under the domain name https://digilookshealthcare.com (“Website”) and the e-commerce platform http://shop.digilookshealthcare.com (“Platform”) whereby it inter alia undertakes online sale of certain health, fitness and personal hygiene products (“Products”).
These Terms and Conditions, together with the terms of use of the Website available at https://digilookshealthcare.com/terms-of-service/, govern use of the Platform by You, including, but not limited to, purchase of any Products from the Platform, accessing or browsing any information made available on the Platform and all transactions conducted between You and DigiLooks Healthcare on the Platform. In case of any conflict between these Terms and Conditions and the terms of use of the Website available at https://digilookshealthcare.com/terms-of-service/, these Terms and Conditions shall prevail.
You must agree to these Terms and Conditions in order to use the Platform. Please read these Terms and Conditions carefully. By accessing, browsing or in any way transacting on the Platform, You signify Your acceptance of these Terms and Conditions, and You agree to be bound by these Terms and Conditions. If You do not agree to all of the Terms and Conditions, please do not use the Platform.
DigiLooks HealthCare reserves the right to change these Terms and Conditions at any time without prior notice. In the event that any changes are made, the revised Terms and Conditions shall be posted on this page immediately. It is Your responsibility to review the Terms and Conditions for any changes and You are encouraged to check the Terms and Conditions frequently. Your use of the Platform following any amendment of the Terms and Conditions will signify Your consent to any revisions, modifications and amendments of the Terms and Conditions. If You do not agree to abide by these or any future Terms and Conditions, please do not use or access the Platform.
This document 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 is a system generated electronic record and does not require any physical or digital signatures.
These Terms and Conditions shall be governed in all respects by the laws of India and any legal proceeding arising out of these Terms and Conditions shall be subject to exclusive jurisdiction of the courts located in Delhi, india.
Disclaimer
You agree that Your use of the Platform, including but not limited to purchase of Products from the Platform, shall be at Your own risk. To the fullest extent permitted by applicable laws, DigiLooks Healthcare and its shareholders, directors, employees, affiliates, representatives and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties or representations in connection with the Platform; and unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Products offered on or through the Platform are offered to You on an “as is”, “as available” and “where is’ basis with no warranty, express or implied, of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. DigiLooks Healthcare does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the Platform, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform, any interruption or cessation of transmission to or from the Platform, any defamatory, offensive, or illegal conduct of any third party or user, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the Platform or content posted, emailed, transmitted, or otherwise made available via the Platform. In no event shall DigiLooks Healthcare and its shareholders, directors, employees, affiliates, representatives and agents be liable to You for any direct, indirect, incidental, special, punitive, consequential or exemplary damages. Further, DigiLooks Healthcare will not be liable for any loss or damage (in contract, negligence or otherwise) where (i) there is no breach of a legal duty of care owed to You by DigiLooks Healthcare; or (ii) the loss or damage is not a reasonably foreseeable result of any such breach; or (iii) any loss or damage or increase in loss or damage resulting from Your breach of these Terms and Conditions; or (iv) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the Platform; or (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party. Notwithstanding anything contained herein to the contrary, the maximum aggregate liability of DigiLooks Healthcare arising out of or in connection with the Platform and/or the Products shall be limited to the cost of the Products purchased by the User.
User Indemnity
You agree to defend, indemnify and hold harmless DigiLooks Healthcare and its shareholders, directors, employees, affiliates, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from Your use of and access to the Platform; Your violation of any provision of these Terms and Conditions, including the privacy policy; Your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or breach of Your express or implied representations and warranties. This indemnification obligation will survive these Terms and Conditions and Your use of the Platform.
Creating an Account
In order to purchaser Products from the Platform, You will be required to create an account with DigiLooks Healthcare (“Account”). The Account created by You shall be password protected and You will be responsible for maintaining confidentiality of the information related to Your Account, including the registered username and password. All information provided by You at the time of creation of Your Account will be kept secure and processed by DigiLooks Healthcare in accordance with the privacy policy. Notwithstanding anything contained herein to the contrary, DigiLooks Healthcare reserves the right to suspend Your Account, without any notice or liability, if DigiLooks Healthcare has a reasonable belief that You have submitted any false, misleading or inaccurate information to DigiLooks Healthcare.
Making a Purchase
At DigiLooks Healthcare, we aim to make Your shopping experience as simple and secure as possible. To place an order; select the Product You wish to purchase by clicking on the link below the Product to add it into the shopping cart. Once You have finished selecting Your Products, please click on “view cart” whereby Your will be presented with an order summary containing details of the Products selected, including the quantities, per item price, delivery charges and total amount payable for the order. You are responsible for reviewing the order summary before proceeding to checkout and completing Your purchase. Upon confirmation of Your order summary please click “proceed to checkout” for delivery and payment options. Note that all Products available on the Platform are subject to availability of stock and DigiLooks Healthcare may cancel any order if the Product becomes unavailable after an order placed. Further, all images of the Products displayed on the Platform are for graphic and illustrative purposes only, the actual Products delivered may vary from the images displayed on the Platform.
Payment
You may make the payment for the Products ordered on the Platform by using various payment methods available on the Platform from time to time, which may include, credit card, debit cards, net banking, UPI and third party wallets. The payments on the Platform may be facilitated by a third party payment gateway and the terms and conditions of such third party payment gateway shall be applicable to the payments made on the Platform. DigiLooks Healthcare shall not be responsible for any errors, delay or failure of payments which are attributable to the third party payment gateway.
Order Acceptance
Orders placed online are considered an offer of purchase, and are subject to acceptance and availability. No order placed by You will be binding on DigiLooks Healthcare until a confirmation of the order is issued to You by phone, email or in writing. DigiLooks Healthcare reserves the right to reject any order.
We try to ensure that availability information is correct, but sometimes stock can sell out quickly. If this is the case, We will inform You as soon as possible and provide a refund for the unavailable Products. Please note that the time for processing a refund may vary depending on prevailing circumstances. If the mode of refund is by Credit/Debit Card or net banking, please allow 7 (seven) to 10 (ten) working days for the credit to appear in Your bank account.
Delivery of Products
All Products will be delivered at the address provided by You in Your Account or any other alternate address as specified by You at the time of placing the order. The delivery will be made by a third party service provider engaged by DigiLooks Healthcare and We will share Your personal information with such service provider for the purpose of the delivering the Product.
Whilst we will always endeavour that Products ordered by You are delivered within the specified time period, You acknowledge that any such specified time period is only a genuine pre-estimate of time expected for delivering the Product and the actual delivery may be delayed and take longer than such specified time period.
You acknowledge and accept that all Products delivered shall be verified by You for accuracy at the time of delivery. In the event that the packaging of the Product is opened after delivery, We will have no liability to You whatsoever for such Products.
Missing Parcels
If Your parcel does not arrive within the expected time frame, please notify us as quickly as possible within 5 (five) working days of the expected delivery date. Failure to do so affects our ability to trace the parcel and issue any replacement due.