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Term

AdCure a division of Walrus Lifesciences Pvt. Ltd. Walrus Lifesciences Pvt. Ltd is duly incorporated under the Companies Act, 2013. AdCure is the owner and the operator of the internet portal www.adcure.co.in, the mobile application ‘AdCure’ (collectively the “Website”), and other applications as developed from time to time. The Website provides a platform that facilitates provision of services by the Service Providers (defined below) to the Customers (defined below). The Terms of Use herein stated describes the terms and conditions under which AdCure provides its services to its Users (defined below).

a. The Terms of Use and the Privacy Policy shall constitute a legally binding agreement between AdCure and its Users.
b. A User is deemed to have read, understood and irrevocably consented to, and accepted all the terms and conditions herein contained in the Terms of Use and the Privacy Policy before accessing or using the Website or availing its Services through App. Any User that does not agree to any of the terms and conditions in the Terms of Use is mandated to forthwith leave the Website.
The Terms of Use are applicable to:
a. Doctors, medical practitioners or health care providers (whether persons or institutions) (“Doctors”), pharmaceutical companies (“Pharmacies”), diagnostic labs (“Labs”), etc who have registered on AdCure, and includes their affiliates and authorized personnel (collectively “Service Providers”);
b. Patients and any other person or institution who/which registers with AdCure in order to purchase products or avail Services (“Customers”); and
c. Casual visitors to the Website who neither register, nor avail services (“Visitors”).
The Service Providers, Customers and Visitors shall also individually/collectively be referred to as the “Users”
a. The User must have completed at least 18 years of age in order to independently access or use this Website or to avail its services. By accessing or using this Website or availing its services, the User represents and warrants that he/she is 18 years of age or older.
b. The users who are less than 18 years of age (“Minors”) may access or use the Website or avail its services under supervision of a Guardian (defined under the Hindu Minority and Guardianship Act, 1956). In such instances, such Guardian shall be considered as the User of AdCure.
A User must, in order to access any or all of the information, features, services and benefits of AdCure, must register with AdCure, by providing such information as detailed here, and other information AdCure may seek in order to provide efficient services.
a. Fees for registration: AdCure offers different plans for all the Customers. The Customers may choose any plan suitable to them.
b. Payments for purchasing products/ availing services: Users agree and understand that all the commercial terms including but not limited to the price of products/services, shipping costs, etc are the contractual terms exclusively between the Service Providers and Customers. AdCure shall not have any control over the offer and acceptance of any commercial terms between the Service Providers and Customers. Customers shall make such payments, as agreed to between the Service Providers and Customers, in accordance with this Clause 5.
c. Payment Mechanism:
i. AdCure provides payment gateways on the Website to facilitate any kind of payment by means of credit / debit cards (Visa, Master, Maestro, American Express) and internet banking.
ii. The User shall make any or all such payments directly on and exclusively via the payment gateway of his/her choice on the Website.
d. Misc. terms and taxes
. AdCure does not charge any money for merely browsing the Website.
i. Services will commence only upon realization of money into the account of AdCure.
ii. The User agrees and understands that the payment mechanism may be governed by separate agreements between AdCure and third party companies. Any payments made shall be the sole responsibility of the User.
iii. AdCure reserves the right to change any and all fees, upon its sole discretion, without any notice to Users, from time to time.
a. AdCure:
i. AdCure shall take all reasonable measures to ensure the accuracy of all the information provided by any and all Users
ii. AdCure shall take all reasonable measures to ensure the authenticity and credibility of all information provided by the Service Providers in order to ensure efficient and quality provision of services.
iii. AdCure reserves the right to modify any of the terms and conditions of the Terms of Use or/and the Privacy Policy at any time, and for any reason without prior notice to the Users. Accessing or using the Website or availing its services following such modifications constitutes consent to be bound by such modified terms and conditions. The Users agree to read the terms and conditions at regular intervals so as to keep track of modifications if any. If such modification however substantially affects the rights of the user in anyway, AdCure shall notify the Users.
iv. AdCure shall communicate with the Users via phone or text or email or notice display on the Website or through any other means, based on the User’s preferences indicated to AdCure.
b. Doctors
. The Doctors represent and warrant that their credentials, qualifications and expertise as provided to AdCure are accurate and genuine; that they are the sole and exclusive owner of all the products they wish to sell; that they have absolute right, title and authority to provide services on AdCure.
i. The Doctors must be legally entitled to render their services or sell their products, and without violating any of the contractual terms they might be bound under any other third party agreements. The offered products/services must not violate any of the rights of the third parties, which includes but is not limited to intellectual property rights, privacy rights, proprietary rights, etc.
ii. The Doctors shall be governed by applicable laws at all times.
iii. The Doctors must ensure they offer quality and standard products and Services, and must make best efforts to provide consultation or treat Customers in the most competent manner to the best of his/her ability. Doctors shall ensure to provide their services efficiently by, inter alia, honoring the terms of appointment with Customers, providing appropriate and quality treatment with utmost care and ensuring appropriate conduct vis-à-vis the Customers
iv. Doctors shall be entitled to cancel an appointment only in the event the Doctors believe that it is beyond their expertise or capacity to offer efficient services. In such cases, the Customers have the option of choosing other Doctors.
v. In the event the Doctors sell medicines directly to the Customers in the process of personal consultation, all the terms as provided in this Clause 6(d) shall be applicable to the Doctors.
vi. The Doctors must respond to the Customer within 10 working days from the date on which the Customers reach out to them. In the event of non-compliance of any sort, AdCure at its discretion shall take appropriate measures which includes, but is not limited to, disabling the Doctors’ account.
c. Labs
. The Labs represent and warrant that their credentials, qualifications and expertise as provided to AdCure are accurate and genuine; that they are the sole and exclusive owner of all the products they wish to sell; that they have absolute right, title and authority to deal in the products they offer for sale and to provide services on AdCure.
i. The Labs must be legally entitled to render their services or sell their products, and without violating any of the contractual terms they might be bound under any other third party agreements. The offered products/services must not violate any of the rights of the third parties, which includes but is not limited to intellectual property rights, privacy rights, proprietary rights, etc.
ii. The Labs shall be governed by applicable laws at all times.
iii. The Labs must ensure they offer quality and standard products, and must make best efforts to provide consultation or treat Customers in the most competent manner to the best of his/her ability. The Labs shall ensure to provide their services efficiently by, inter alia, honoring the terms of appointment with Customers, providing quality services by conducting the tests and other functions with utmost care and ensuring appropriate conduct vis-à-vis the Customers
iv. The Labs shall not perform its functions unless the Customers upload a scanned copy of a prescription from a registered medical practitioner at the time of placing an order.
v. The Labs must respond to the Customer within 10 working days from the date on which the Customers reach out to them. In the event of non-compliance of any sort, AdCure at its discretion shall take appropriate measures which includes, but is not limited to, disabling the Labs’ account
d. Pharmacies
. The Pharmacies represent and warrant that their credentials, qualifications and expertise as provided to AdCure are accurate and genuine; that they are the sole and exclusive owner of all the products they wish to sell; that they have absolute right, title and authority to deal in the products they offer for sale.
i. The Pharmacies must be legally entitled to render their services or sell their products, and without violating any of the contractual terms they might be bound under any other third party agreements. The offered products/services must not violate any of the rights of the third parties, which includes but is not limited to intellectual property rights, privacy rights, proprietary rights, etc.
ii. The Pharmacies shall be governed by applicable laws at all times.
iii. The Pharmacies must ensure they offer quality and standard products.
iv. The Pharmacies have to reach out to the customer about their order within 24 hours and process the order in 48 hours.
v. Pharmacies shall not sell its products or perform its functions unless the Customers upload a scanned copy of a prescription from a registered medical practitioner at the time of placing an order. Prescription medicines are delivered only after a prescription given by a registered medical practitioner has been received.
vi. All offered products must be kept in stock at all times to enable efficient services.
vii. The product description must be accurate. In the event of any discrepancy between the product description and the actual condition of the product, the Pharmacy shall refund the amount to the Customer.
viii. The Pharmacies must respond to the Customer within 10 working days from the date on which the Customers reach out to them. In the event of non-compliance of any sort, AdCure at its discretion shall take appropriate measures which includes, but is not limited to, disabling the Pharmacy’s account.
e. All Users
Users shall, at all times ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and rules there under, and also all applicable laws, rules and regulations as amended from time to time regarding the sale of products or provision of services on the Website.
a. The Terms of Use and the Privacy Policy shall be applicable to all the Users in full form and effect, as long as the User uses the Website in any manner whatsoever.
b. The User can terminate his/her account in accordance with Clause 6(e) of the Privacy Policy.
c. AdCure may, at its sole discretion, and without prior notice, suspend the User’s account or prevent the User from accessing/utilizing the Website if among other things,
i. The User violates any of the terms of the Terms of Use.
ii. AdCure is unable to authenticate any User Information
iii. AdCure reasonably believes that continuing the User’s membership is not in it’s best interests.
d. Upon such termination, the User shall no more use the Website under the same account or another new account, except after AdCure expressly allows (by any means of express communication) the User to re-register or create a new account
e. Upon such termination, AdCure may, at its sole discretion, delete any and all of the concerned User Information under its control or from its database
a. In the event a User breaches any of the terms and conditions of the Terms of Use, AdCure reserves the right to:
i. Pursue any remedy it deems fit, including but not limited to de-activation of the User’s account.
ii. Remove all User Information from its database
iii. Take suitable legal action.
b. Upon such breach, AdCure shall preserve any related or associated records or information for at least 60 days for investigative or related purposes
a. All contractual obligations between AdCure and its Users shall be governed by all the applicable laws of India.
b. The Parties hereto submit to the jurisdiction of the appropriate courts of Bihar.
c. All disputes will be subject to arbitration in Bihar by a single arbitrator appointed by AdCure, and agreed to by the concerned User, in accordance with the Arbitration and Conciliation Act, 1996.
User agrees to indemnify and hold harmless; AdCure, its affiliates, and its Employees from any and all third-party claims, losses, liability, damages and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of its terms and conditions, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. AdCure will notify the User of such claim, loss, liability, or demand, and the User shall provide reasonable assistance, at his/her own expense, in defending any such claim, loss, liability, damage, or cost.
If any term or any part of a term of the Terms of Use is invalid, unenforceable or prohibited under any of the applicable laws, such provision or part of provision shall be severed from the Terms of Use and shall be considered divisible as to such term or part thereof and such term or part thereof shall be inoperative between the parties hereto and the remainder of the Terms of Use shall be valid and binding and of like effect as though such term was not included herein.
a. None of the terms in the Terms of Use may be waived or amended except expressly agreed to by the party against whose interest the term is waived or amended. Forbearance, failure or delay by either party in the exercise of a remedy shall not constitute a waiver, nor shall any exercise or partial exercise of any remedy preclude any further exercise of that or any other remedy.
b. Any waiver or consent by either party shall be effective only in the specific instance and for the specific purpose for which it is given and shall not be deemed, regardless of frequency given, to be a further or continuing waiver or consent. Any waiver of any provision in the Terms of Use by either Party shall not be deemed to have waived either that provision or any other provision of the Terms of Use in the future.
a. If the User has any query regarding AdCure, or the Website, or the Terms of Use, or any other related matter, User can reach AdCure by
i. Sending an email to grievance@adcure.co.in
ii. Contacting the Grievance Officer
iii. Sending a letter marked to the attention of The Chief Grievance Officer, AdCure (Walrus Lifesciences Pvt. Ltd). 3rd floor apartment e, 21, Boring Rd, Sri Krishna Puri, Patna, Bihar 800001
b. If the User has any other grievance with respect to the Website, the Grievance Officer, who is appointed as per the requirements of the Information Technology Act, 2000, can be reached out. Such grievance will be addressed within 30 days of notifying the Grievance Officer.
I on behalf of the holder of Aadhaar number give consent to “AdCure” to obtain my details from UIDAI for the purpose of authentication. “AdCure” has informed me that identity information would only be used for validating identity of the Aadhaar holder and will be shared with Central Identities Data Repository only for the purpose of authentication.
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