Super saving of upto 40% off on Health products
The mobile application DawaiBank and website www.dawaibank.com, is owned and operated by BKS MARKETING AND INNOVATIONS PRIVATE LIMITED(U74999DL2017PTC321169), a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “DawaiBank” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.
The User, by placing order either through DawaiBank App or website, is deemed to have consented to these terms and conditions. At its sole discretion, DawaiBank is entitled to change or modify the terms and conditions from time to time, without there being an obligation to the User. The User shall update his/her knowledge about the terms and conditions from time to time.
This document is an electronic record generated by a computer system in terms of Information Technology Act, 2000 and rules there under as applicable and does not require any physical or digital signatures.
This App and the Website is owned and provided by BKS TECHNOLOGIES PRIVATE LIMITED (G40632622). By registering as a Subscriber/User, you are granted a limited revocable, non-exclusive license to use the Website and the App. DAWAIBANK can terminate this license at any time with or without any reason or notice. The content in the Website and the App is protected under the applicable Laws of India.
TERMS AND CONDITIONS
SERVICES OFFERED BY WEBSITE/THE APP
Dispensation of Pharmaceutical Drugs (except Schedule X drugs as envisaged under relevant provisions of the Drugs and Cosmetics Act, 1940 and relevant and updated Rules framed therein) and Healthcare related products;
Diagnostic Lab Booking;
Generating healthcare data-base and repositories like archiving of patients’ prescription;
Nutrition and diet related advisory, counselling and educational services;
Processing of data for the purposes of generating healthcare alerts;
The provision of curated healthcare information and health tips from Doctors, Yoga teachers, Diet Counsellors and
In addition, DAWAIBANK offers designated services to those who opt for Annual Subscription, subject to the specific terms and conditions as detailed below.
DAWAIBANK also provides the option of remote monitoring of patients by the chosen Doctor’s.
The content of the Website, including without limitation, articles, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind.
Reliance on any information appearing on the Website, whether provided by DAWAIBANK, its content providers, visitors to the Website or others, is solely at Your own risk, and DAWAIBANK shall not bear any liability for any loss/ injury that may arise due to your reliance on any information published on the Website.
User can avail the envisaged services if he or she is a competent person to enter into Contract as per the Indian Contract Act, 1872.
User in order to avail services, will have to create an account in our website by providing certain information, including name, personal particulars, telephonic contact details, e-mail address, mailing address, bank account details, debit card number, credit card number, expiration dates, prescription scanned copy as well as any other information which may be required to be furnished or made available in User’s account to place Order.
If User is providing false, incorrect, unclear information or is impersonating some other person, then DAWAIBANK reserves right, in its absolute discretion, to block/cancel/suspend account and take appropriate legal action against such a User. DAWAIBANK shall not be under any obligation to warn User before blocking/canceling/suspending the account.
USER ACCOUNT, PASSWORD AND SECURITY
Only upon providing User information, DAWAIBANK undertakes to create relevant account. As per the terms and conditions, if the User wishes to avail service through Website, he/she must register as User by creating an account;
The moment the account gets activated (opened), the user is solely responsible for confidentiality of such information. In case the User either fails or commits breach in this regard, he/she alone is legally liable. The liability also extends to any kind of legal liability that can be fastened to DAWAIBANK on account of this reason.
The User shall take steps to ensure that the provided User information is true and accurate. In case of untrue/ falsified/ incomplete information, DAWAIBANK reserves its right to suspend the account.
The User acknowledges that for all the commercial payment for availing these services he / she uses only a legally valid credit card. Under no circumstances, DAWAIBANK claims any kind of responsibility in case the User incurs any financial loss emanating from misuse.
ORDER PLACEMENT (FOR PHARMA & OTC)
In consonance with the terms and conditions, the User is entitled to place an Order either through Website or APP. DAWAIBANK may guide the User to open the account and place and facilitate the placement of his/her Order. As per the relevant provision of Drugs and Cosmetics Act, 1940 (including the Rules) Order can only be placed for those products which require a valid medical prescription and none other;
(1) When it comes to User, opens his/her account, and opts for DAWAIBANK Subscription, he/she may proceed to place an order for a particular product by uploading the concerned prescription which is issued by a registered medical practitioner (as per Medical Council of India Act, 1966).
(2) With a view to confirm the name and other details about the product, DAWAIBANK personnel will consult the User after uploading of the prescription takes place.
In case of illegible handwriting, DAWAIBANK may reconfirm from either the User or concerned registered medical practitioner. However, DAWAIBANK claims no liability for any kind of adverse consequences in this regard.
(4) The moment the User uploads the product details, DAWAIBANK acknowledges and informs about it either via email / text message/ phone call.
In case if there are errors in such uploaded information or being informed by DAWAIBANK, within 12 hours the User either takes steps to rectify or requests DAWAIBANK to rectify such error.
(6) The User represents and warrants that he/she shall purchase Products only for bonafide and legitimate personal use and not for the purpose of re-sale or any other activity not permissible under applicable laws.
The User warrants that the uploaded medical prescription was duly issued by a registered medical practitioner.
The User undertakes not to present the same prescription for the purpose of procuring drugs when it is clearly mentioned in such prescription that such prescription of drugs is only meant for one-time consumption.
In case if there is a limit mentioned is such prescription (more than one time) the User shall not use it for more than such limit with a view to procure drugs.
(8) As per relevant provision of Drugs and Cosmetics Act 1940, OTC (Over the Counter Drugs) or non-prescription based, the Users are entitled to place Orders for the same, however, DAWAIBANK has every right to seek any information regarding OTC Drugs.
(9) The User acknowledges that DAWAIBANK is not the manufacturer of the products and more particularly, endorse to the effect that for any kind of legal liability relating to manufacture of the product, DAWAIBANK shoulders no liability at all. The User further acknowledges the fact that DAWAIBANK is only an online pharma retailer and facilitator. Therefore, under no circumstance shall DAWAIBANK shoulder any kind of responsibility with regard to the suitability of purpose, relevance of dosage and product quality.
Users may place an Order either through the APP or any other mechanisms;
DAWAIBANK claims no liability in the following event and circumstances:
ANNUAL SUBSCRIPTION PACKAGES
Designated services like dispensation of medicines, provision of Diagnostic Lab booking, healthcare records, curated healthcare information and also value added services like Diabetic Foot Screening, Eye Retinopathy examination, Diet and Nutrition Counselling will be offered by DAWAIBANK for those who opt for Annual Subscription, subject to the following terms and conditions:
Terms and Conditions for the Subscription:
DawaiBank reserves the right to withdraw the subscription at any point in time due to the occurrence of circumstances beyond its control such as force majeure, bankruptcy or any other circumstance whatsoever which prevents it from fulfilling its subscription
The discount provided on medicines is subject to change in the event that margins for retailers and stockists are revised or in case of government drug price control action or in case of any other circumstance whatsoever
The discount on laboratory testing is subject to change in the event that these rates are revised by the participating laboratories or in case of any other circumstance whatsoever
In no case whatsoever shall DawaiBank be liable to refund the whole or part of the subscription to the user in case he/she wants to cancel their subscription or in case DawaiBank is unable to fulfill its obligations because of the circumstances mentioned above.
In addition, DAWAIBANK at its sole discretion, scrap the subscription model;
in the event if the User commits any breach, cancel the concerned subscription;
DAWAIBANK claims no liability in the event if the sales representative acts in any undesirable and unwarranted manner.
SHIPPING AND DELIVERY
Notwithstanding anything stated in this terms and conditions, the User agrees that either the website based or APP based sale is deemed to have concluded as and when the sale invoice is generated by DAWAIBANK irrespective of the fact that whether such consignment has been delivered at the User’s location or not;
As soon as the sale invoice gets generated, DAWAIBANK undertakes to deliver the products to the location either by own delivery boy/third party or via any other mode;
Applicable taxes levies and surcharges shall be applied for such and other transaction;
DAWAIBANK is entitled to charge shipping fee which normally depends upon factors like order value etc.;
Normally the turnaround time of delivery of any product shall be within 6 hours from the time of placing the Order. However, this is subject to factors like traffic, availability destination and also other exigencies;
DAWAIBANK claims no responsibility of whatsoever nature for any kind of detailed delivery in this regard;
In case of any change or modification of the address, it is the sole and exclusive responsibility of the User to verify the appropriateness of the address before placing the Order;
In case if the User fails to correct the address or produce wrong address, DAWAIBANK is not responsible to resend the product to the User’s modified address;
It shall be the responsibility of the User to bring it to the notice of the DAWAIBANK in case of any delayed delivery;
When such information is provided DAWAIBANK undertakes to inquire into the matter with a view to elicit the reason for such delay, however, cannot be made liable for any loss or damage, eventually arising out of such delayed delivery;
All orders for prescription medicines will be accompanies by a sticker containing the postal details of DAWAIBANK in addition to the date on which, the products have been dispensed within.
The User is under an obligation to put this sticker on the original prescription immediately after receiving the product;
In the event the sticker is not received, the User is under an obligation to inform the same to DAWAIBANK.
RETURN, REFUND AND CANCELLATION POLICY
In case if the User receives either inappropriate product or product in a damaged condition, DAWAIBANK undertakes to refund the received product price and delivery fee immediately on return of damaged or inappropriate product to DAWAIBANK in a satisfactory condition.
In case, if the User seeks replacement, DAWAIBANK undertakes to dispatch the same, however, subject to availability of the said product at that point of time when the damaged or inappropriate product is returned to DAWAIBANK.
The user undertakes to return the damaged or inappropriate product within 24 hours from the date of receipt. DAWAIBANK undertakes to process the refund within 21 working days from the date of receipt of such product.
It is presumed that every successful order which has been received by the User and in case no communication is received by DAWAIBANK within seven days from such delivery, no further claims of any nature will be entertained.
If the User opts to cancel the Order owing to the fact that the product is either out of stock or unavailable or it is not delivered within the stipulated timeline, DAWAIBANK undertakes to refund the payment. Such payment shall be completed within 21 working days from the date of original payment.
Once successful delivery takes place, DAWAIBANK is not under any obligation or liability for any delayed delivery or loss or damage or stolen products. Once the Order has been delivered to the User, cancellation of the same will not be entertained.
DAWAIBANK is entitled to use any third party logistic entity for delivering products. All these entities are independent in terms of their relationship with DAWAIBANK. In case of any delay or damage which is attributable to such entity, DAWAIBANK does not assume any kind of liability and that User is expected to process his/her claims against such entity. Under no circumstances, the User shall accept the delivery of any parcel / packet damaged or visibly tampered wrapper. In case, if he/she receives the parcel / packet in the said condition, the User must immediately return the product to the concerned courier and also inform DAWAIBANK immediately about the same.
The User is under an obligation to check the expiry date of the medicines at the time of delivery itself as once the medicines are delivered and accepted by the User, DAWAIBANK will not accept any returns.
DAWAIBANK is entitled to introduce promotional offers, concessions, discounts and the like at its sole and exclusive discretion. DAWAIBANK is also entitled to terminate such offers or schemes at any point of time without affording any reason of whatsoever nature.
The User may opt for either online payment through Cash on Delivery/Credit/Debit/ Netbanking facility and other payment gateways as permitted by the Portal. DAWAIBANK at its discretion, may allow cash payment as well, however, the charges relating to delivery may be additional.
DAWAIBANK undertakes to initiate measures to keep and publish maximum retail price for all of its productions correctly and appropriately. In case of any variance between what is reflected on the website and mentioned in the User’s bill, DAWAIBANK undertakes to inform the User about the new MRP when the Order is being processed and before DAWAIBANK accepts such Order.
All relevant statutory taxes and levies shall be added on to the bill by DAWAIBANK.
The User agrees to indemnify, defend and hold harmless DAWAIBANK including but not limited to its Vendors, Officers, Employees and Agents from any loss, liability demand, claims, damages, demands, costs and expenses (including Attorney Fees and Costs in connection therewith) asserted against or incurred by DAWAIBANK that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the user pursuant to these Terms.
Apart, the User also agrees to indemnify DAWAIBANK against any third party claim either relating to the use of Website or User’s material causing loss to the third party and more particularly, User’s violation of terms and conditions as such.
Notwithstanding anything to contrary, DAWAIBANK's entire liability to You under this Terms or otherwise shall be the refund of the money charged from You for any specific voucher/subscription or Product or service, under which the unlikely liability arises.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
These terms and conditions shall be governed by Laws of Union of India only.
Both DAWAIBANK and the User agrees that this relationship shall be subject to the exclusive Jurisdiction of Courts of competent Jurisdiction situated in Bareilly, State of Uttar Pradesh, India.
REFUSAL OF SERVICE
As a service provider, DAWAIBANK reserves its right to refuse service to anyone at any time. In case the system or the network functioning is adversely affected, DAWAIBANK may discontinue its services either temporarily or permanently if the functioning of the Website or the APP is corrupted by a computer virus, bugs or any other technical problem. As a User, in case you come across or discover any computer virus, bugs or technical problem which may corrupt the accuracy or normal functioning of the Website, you agree to notify DAWAIBANK immediately. DawaiBank bears no liability whatsoever for any loss or damage suffered by you due to such a computer virus, bug or any other technical problem.
LIMITATION OF LIABILITY
It is agreed and endorsed by both the parties, viz., User and DAWAIBANK that even in cases of proven legal liability against DAWAIBANK, DAWAIBANKs liability will not exceed the subscription fee or fee paid for services/products by the concerned User. User cannot recover any other damages including consequential, lost profits, special, indirect, incidental or exemplary or punitive damages.
This Application or Website may be linked to the website of third parties, affiliates, sponsors and other business partners. DAWAIBANK has no control over, and is not liable or responsible for the content, accuracy, validity, reliability, quality of such websites as redirected or made available by/through our Website.
DAWAIBANK assumes no liability for, any damages caused by viruses, trojans or other forms of malware, adware & other malicious programs that may infect User's computer system or User’s account on DAWAIBANK Website/ the APP and which may have an adverse impact on User’s experience of browsing the Website or downloading of any material, data, text, images, video content, or audio content from the Website/ the APP. If a User is dissatisfied with the Website/ the APP, User's sole remedy is to discontinue using the Website/ the APP.
In the event if any of the terms and conditions are declared as void by any competent Court of Jurisdiction, the remaining terms and conditions shall have legal validity and enforceability.
ELIGIBILITY TO USE OR INVOKE SERVICES
As the relationship between DAWAIBANK and User would be legal and enforceable, consequently, only those who are eligible to enter into a valid and enforceable contract, as covered under Indian Contract Act, 1872, are eligible either to use or invoke the service. However, in case if the User is below 18 years of age, either through his/her parents or natural guardian, the services can be availed.
As a Service Provider, DAWAIBANK, in compliance with the applicable mandate as envisaged by the Information Technology Act, 2000 and pertinent Rules and Notifications has initiated and put in place all the warranted security measures.
As a User, you shall not either tamper with the security of the Application or Website or attempt to tamper including, accessing data not intended to you or logging on to a server or an account which you are not entitled to access; without proper authorization, probing the vulnerability of the system or network; indulging in any acts including overloading, spamming, mail bombing or crashing
It is hereby notified that all the incidents of violations will be duly investigated and will appropriately be reported to the concerned Law Enforcement Authorities.
CHANGES OF SERVICE AND CANCELLATION
On an ongoing basis DAWAIBANK takes appropriate steps to improve the services and also takes steps to change the services at any time. In the process, your service may also be cancelled and eventually your right to use the service. As a User you are entitled to cancel the service at any time.
Under no circumstances, the User can either assign or transfer any rights to any third party. However, DAWAIBANK’s Rights are transferable and assignable in nature.
DAWAIBANK undertakes to serve the required Notices either by email or website notification. In case if any User wishes to send any notice to DAWAIBANK, the same should be addressed to care@DawaiBank.com
DISCLAIMER OF WARRANTY
DAWAIBANK provides the service “as is” and hereby disclaims all warranties, express, implied or statutory, including, without limitation, any implied warranty of fitness for particular purpose, merchantability, non-infringement or title, User acknowledges that DAWAIBANK has not represented or warranted that the use of the service will be uninterrupted, error free or without delay. User acknowledges that DAWAIBANK has not represented that the service will prevent all unauthorized use of your software products. User may not rely upon any representation or warranty respecting the service by any third party, including, without limitation, representations or warranties by any other DAWAIBANK customer or user of the service.
CODE OF CONDUCT
As a User, unconditionally you agree to be abide by the following Code of Conduct as detailed below:
Specifically, you shall not, sell, lease, licence, transfer, assign, and distribute the rights over Website/App; make, transmit, store digitized copies of material duly protected by Copyright without the permission of Owner; Use or access the Website/App with a view to build comparative service / product; Modify, adopt, merge or translate the content or derivative works as uploaded on to the Website/App.
Impersonate any entity / person
An “event of Force Majeure” means an event beyond the control of either of the parties to this agreement, including but not limited to:
Other unforeseeable circumstances beyond the control of the Parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts.
BREACH OF TERMS AND CONDITIONS
In the event of breach of terms and conditions, the User understands that DAWAIBANK is entitled to recover any kind of compensatory damages in addition to the Attorney fee and related costs.
Both DAWAIBANK and User agree and endorse that DAWAIBANK is entitled to terminate this relationship on the following grounds:
Breach of Terms and Conditions by the User;
TERMS OF SERVICE
This website & Application DawaiBank is operated by BKS MARKETING AND INNOVATIONS PRIVATE LIMITED(U74999DL2017PTC321169). Throughout the site, the terms “we”, “us” and “our” refer to BKS MARKETING AND INNOVATIONS PRIVATE LIMITED. BKS MARKETING AND INNOVATIONS PRIVATE LIMITED offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BKS MARKETING AND INNOVATIONS PRIVATE LIMITED, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BKS MARKETING AND INNOVATIONS PRIVATE LIMITED and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Jaipur, Rajasthan
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
COMMUNICATIONS AND SUBSCRIPTIONS
By virtue of the binding contractual relationship with DAWAIBANK, the User consents to receive communications in the form of either messages or phone calls or emails from DAWAIBANK.
In case if the User decides to retract from receiving such communications, he / she is entitled to unsubscribe at any time, by visiting www.DawaiBank.com
If you have any queries about this terms and conditions/ the terms and conditions to the Agreement or any complaints / comments, you may send an email to firstname.lastname@example.org .
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