Welcome to CIPACA HEALTH!
The website, https://www.cipacahealth.com/Health/HealthLoading/ along with the corresponding mobile application ("CIPACA HEALTH", "Website", "Pharmacy", “us” or "we"). This Website is managed and operated by CIPACAMEDICAL SERVICES PRIVATE LIMITED, a company incorporated under the laws of India, having its registered office at Door No. 2/2102A, Mugalivakkam – Manapakkam Road, Mugalivakkam, Chennai – 600 125, Tamil Nadu (“we”, “Company”, “CIPACAMEDICAL” “us” or “our”),
The terms and conditions as set out herein (“Terms”) constitutes an agreement between the CIPACA HEALTH, and My CIPACA Channel Partner (“MC2P”, “You”, “Your”) who educates general public and spreads awareness about CIPACA HEALTH and accesses and/ or uses the Website for delivering the Products to the Customer. The terms and conditions shall change while improvising the system.
The Website is a platform that facilitates online purchase by consumers of pharmaceutical products like prescription drugs, over the counter medicinesetc., sold by the Supplier through the CIPACA HEALTH Platform.
By using the Website, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please refrain from using the Website. Please note that your usage of the Website, the Products, offers or promotions in relation to the Products and the Services (defined below) as may be provided by us or our affiliates or third parties shall be governed by these Terms and such other terms that may be applicable (“Additional Terms”). If these Terms are inconsistent with any Additional Terms, the Additional Terms will supersede to the extent of the Additional Terms are applicable.
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Any individual who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. individuals who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the Website.
1.1 Your access, or otherwise any usage of the Website means you agree to these Terms read with all the policies that may be available on the Website (collectively, the “Agreement”).
2.1 In order to access or use the Website you must set up an account by providing information about yourself as prompted on the sign-up page of the Website which may include your name, gender, mobile number and such other details relevant for placing orders through your account. Your login ID and password will be created basis the information provided by you, whom you can use to access your CIPACA HEALTH account at any time. Your credentials shared by you at the time of registration and your CIPACA HEALTH login ID and password are referred to as “Account Information”.
2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of your Account Information. You shall remain solely responsible for all the actions by you on your account.
2.3 You will: (a) immediately inform us of any unauthorized use or security breach of your account, and (b) ensure that you log out of your account at the end of each session. You may be held responsible for any losses incurred to CIPACA or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to the Website, terminate or suspend accounts, remove or edit content at any time without providing any notice to you.
2.4 We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under the applicable law and we reserve the right to recover the cost of Products, transaction fees, or any other related cost including attorney fees, from such person using the Website fraudulently. In an event we detect any fraudulent or failed transaction, prior to initiation of legal action; we reserve the right to suspend or delete such account with immediate effect and dishonour all past and pending orders without any liability on our part. However, this shall not absolve the User from any liability.
3.1 MC2Ps shall be responsible for processing the delivery of any Product(s) purchased by the Users/ Customers on the Platform at the time such Product is processed and successfully handed over to the MC2P by the Supplier. You agree and understand that though we effectuate Product delivery to the Users, you shall deliver the products promptly to the Users without any delay.
3.2 The MC2P shall call the Customer before delivering the medicines/ products. MC2Ps shall attempt to deliver the purchased Product to the User’s designated address within the estimated timeline of delivery notified to the User. In the event the User is not available or present to accept the delivery of the Product, MC2Ps will make a maximum of two attempts in 2 (two) days (each attempt everyday) to deliver the purchased Product(s) to the User. If the third delivery attempt is unsuccessful and the User continue to remain unavailable, CIPACA HEALTH reserve the right to cancel the order of the purchased Products at our sole discretion and process the return of such Product to the Supplier.
3.3 Once the User places an order on the Platform, the Supplier processes such order and hand over the purchased Product to MC2P or Supplier’s delivery personnel. Upon delivery of medicines or products by the Supplier to MC2P, if MC2P accepts the consignment, he/ she must acknowledge it with the OTP (One Time Password) which they receive on their mobile number.
3.4 Scenarios where the MC2Ps shall not decline the order. They are:
a. MC2P shall not decline an order once it has been accepted by him/ her. The Supplier shall call MC2P in advance to confirm their availability. While delivering the package to MC2P, if the package is damaged, MC2P shall not provide the OTP instead decline the order. The damage shall be clearly reported in the Website/ App accompanied by a photo of the damaged material.
b. MC2P shall not decline the delivery when he/ she have received the order package to be delivered to the Customer but MC2P can decline when the Supplier calls to confirm the order delivery by providing a valid reason to the Supplier.
c. MC2P shall not decline the delivery if their name is already selected at the time of acceptance. They shall be available at the confirmed delivery time or authorize another person to receive the package from the Supplier.
3.5 In case of a delay caused by the Supplier to deliver the package to the MC2P or someone else receives the package at MC2P’s place unexpectedly, MC2P and the Supplier shall communicate about it to each other in advance.
3.6 MC2Ps shall educate the general public about the services of CIPACA HEALTH and encourage them to register to increase the number of subscribers.
3.7 MC2Ps shall be held liable if:
a. MC2P shall be responsible for storing the medicines, products etc. in safe and secure location to prevent any damages before delivering to the Customer. In case of any damages due to improper storage.
b. If the medicines or products of the package are consumed or used by anyone at the place of MC2P or if any harm occurs due to the consumption or the usage of such medicines or products while in the possession of MC2P.
c. In case of missing package that is claimed to be stolen or misplaced, the MC2P shall be held accountable and the value of the lost items shall be borne by MC2P.
d. The delivery shall happen within 24 hours and shall not be delayed for more than 48 hours from the time of package received. If the delay occurs for more than 48 hours, the MC2P shall be liable.
e. Any damage during the delivery to the Customer.
f. MC2P shall ensure clear communication and resolve any conflicts promptly with the Customers or other MC2Ps. When the Supply partner is delivering directly to the Customer, both the Supplier and MC2P shall be liable in case of any issues arising during delivery or conflicts with the Customer.
g. Consistent delays in delivery for more than three times or ratings of MC2P drop less than two shall result in receiving a warning letter from the organization.
h. Consistent compliance from the customers, delays in delivery for more than 10 times or if the ratings of MC2P drop less than 1 shall result in termination of the MC2P.
i. Any instance of exchange of order or replacement due to customer complaints when the MC2P is at fault shall lead to reduction of commission.
3.8 MC2P shall deliver the medicines/ products personally to the Customer or shall request the Customer to collect it from MC2P’s location.
3.9 Return of purchased Products is facilitated through MC2Ps. On receipt of request for return of Product on the Platform and the same being duly acknowledged by CIPACA HEALTH, MC2Ps shall get in touch with the User in order to collect the purchased Products from the User.
4.1 Registration on the Platform is free. CIPACA HEALTH does not charge any fee for browsing/ registering on the Platform. CIPACA HEALTH reserves the right to change its fee policy from time to time. In particular, CIPACA HEALTH may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, CIPACA HEALTH 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 communicated to you and such changes shall automatically become effective immediately from the date of communication. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to CIPACA HEALTH. You shall be solely responsible for compliance with all applicable laws for making payments to CIPACA HEALTH.
4.1 You represent and warrant that: (a) your use of the Website will not violate any applicable law or regulation; (b) all information that is submitted to the Company in connection with the Website is true, accurate and lawful; (c) Your use of the Website does not breach any applicable Website policies or guidelines and will not cause injury to any person or entity. If at any time, the information provided by you is found to be false or inaccurate the Company will have the right to reject registration, and restrict you from using the Website and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify the Company and its affiliates for all claims brought by a third party.
4.2 You will use the Website for a lawful purpose only, and will not undertake any activity that is harmful to the Company or the Website or its content or otherwise not envisaged through the Website. You have a limited license to access and use the Website, solely for the purpose of availing the services, subject to these Terms.
4.3 The use of the Website by you is restricted to the services use only, and you will not use any portion of this Website (including the contents on the Platform) or Services for any resale or commercial purpose.
4.4. You will not do any of the following:
4.4.1 Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Website;
4.4.2 Make false or malicious statements against the Product, the Website or the Company;
4.4.3 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Website or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website;
4.4.4 Introduce any Trojans, viruses, any other malicious software, and any bots or scrape the Website for any information;
4.4.5 Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
4.4.6 Hack into or introduce malicious software of any kind onto the Website;
4.4.7 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “grieving” as those terms are commonly understood and used on the internet.
4.5 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Website, any information that:
4.5.1 belongs to another person and to which you do not have any right;
4.5.2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
4.5.3. Harms minors in any way;
4.5.4. Infringes any patent, trademark, copyright or other proprietary rights;
4.5.5. violates any law for the time being in force;
4.5.6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
4.5.7. Impersonates or defames another person; or
4.5.8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
5.1 The Company makes no representation that the content on the Website is appropriate to be used or accessed outside the Republic of India. Any user who use or access the Website from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
6.1 All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Website are the property of the Company or its affiliates (“Company Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to the Website whether or not displayed on the Website, are proprietary to the Company.
6.2 The Company may display on the Website any third-party logos, trade names, trademarks of other brands, as per the license granted to the Company by such brands.
6.3 No information, content or material from the Website (including the Company Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without Company’s express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without express written consent. You may not use any Meta tags or any other “hidden text” utilizing the Company’s or its affiliates’ names or trademarks without the express written consent of the Company and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms.
7.1 Your use of the Website, the Services, and access to the Company Content (as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on the Website.
7.2 The license granted to you does not include a license for: (a) resale of Products or commercial use of the Website or the Company Content, (b) any collection and use of product listings, description, or prices, (c) any use of the Website, the Services and/or of the Company Content other than as contemplated in these Terms, (d) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the Website, (e) creating and/ or publishing your own database that features parts of the Website.
7.3 You grant to the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Website without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Website. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Company, including the execution of deeds and documents, at its request.
8.1 You agree to indemnify, defend and hold us harmless our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, violation of these Terms, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9.1 You agree that CIPACA HEALTH, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the Website/ App, at any time. You agree that any termination of your access to the Website/ App or suspension of your account may be effected without prior notice, and you agree that CIPACA HEALTH shall not be liable to you for any such termination. Your right to use the CIPACA HEALTH Website/ App/ Service immediately ceases upon termination of your access/ use of the Website/ App.
9.2 If MC2P tarnishes the image of the organization on Social Media or in general public interactions, strict actions shall be taken against them.
MC2P shall receive the payment for delivery of the products within 14 business days from the date of delivery of the product to the customer on below agreed terms: payment shall be done for all orders processed in a week, deductible with penalties, damaged, cancelled/ returned orders or anything for which payment is to be recovered from MC2P.
11.1 In the event that any dispute or difference arises, in connection with the interpretation or implementation or validity or otherwise arising out of or relating to this Agreement, between the Parties, such dispute shall be referred to arbitration and a sole arbitrator shall be appointed by CIPACA HEALTH such arbitration shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any re-enactment or modification thereof then in force. The arbitration shall be held in Chennai, India and the award of the arbitral tribunal shall be final, conclusive and binding upon the Parties.
12.1 NON SOLICITATION AND NON-COMPETE:
MC2P understands and acknowledges that the CIPACA HEALTH has madesubstantial investments in identifying, developing, and establishing relationships with itsemployees/ clients. Such employees/ clientsinclude all those introduced by CIPACA HEALTH to the MC2P to which the MC2P provides services through/on behalf of the CIPACA HEALTH. To protectthe investment, MC2P agrees not to provide any type of job opportunities to CIPACA HEALTH’s employees/clients,directly or indirectly, except through the CIPACA HEALTH, during the terms of employee’semployment with CIPACA HEALTH and for a period of two (2) years thereafter, without CIPACA HEALTH’s prior written consent.MC2P also agrees that CIPACA HEALTH has a substantial investment inidentifying and hiring Suppliers. To protect this investment MC2P agrees not to reveal any name, telephone numbers, addresses or any otherinformation regarding CIPACA HEALTH toothercompanies that may be interested in hiring Suppliers. Violationof this clause shall lead topayment of compensation equivalent to 10 months respective Suppliers remuneration/salary. In case of non-compliance of payment ofcompensation leads to termination of this agreement.
12.2 FORCE MAJEURE:
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
12.3CONFIDENTIALITY:
The Parties shall not at any time divulge, or allow to be divulged to any person, any Confidential Information unless the said information comes in public domain without breach by either party, however, no party shall be precluded from disclosing any information to the extent required in the legal proceedings. The Parties agree that they shall not use the Confidential Information for any purpose, other than as may be reasonably necessary for the performance of their duties pursuant to this Agreement, without the other party (ies) prior written consent. The obligations under this Clause shall survive the termination of this Agreement.
12.4 WAIVER:
No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
12.5 SEVERABILITY:
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
12.6 AMENDMENT:
These Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms as available on the Website. Your relationship with the Website will be governed by the most current version of these Terms, as published on the Website.
12.7 ENTIRE AGREEMENT:
This Agreement, including Annexures, CIPACA HEALTH Privacy Policy, Terms & Conditions and Commercials added from time to time, shall constitute the entire and final agreement between MC2P and CIPACA HEALTH with respect to the subject matter covered herein.
12.8 SURVIVAL:
Any and all obligations under this Agreement which, by their very nature should reasonably survive the termination or expiration of this Agreement, will so survive.
12.9 COMMUNICATION:
Supplier gives explicitly consent and allows the Platform to send the messages/ communication on email or mobile from time to time.
12.10 OTHERS:
12.10.1 These Terms supersede all previous oral and written Terms (if any) communicated to you by us, for the use of the Website, and the rights and liabilities with respect to any Services provided by us shall be limited to the scope of these Terms of Use.