N A D HOSPITAL Shipping and Delivery and Charges Policy :
- a. N A D HOSPITAL endeavours to carry out deliveries during and within such time period as communicated on our N A D HOSPITAL Platform and various communication channels. Our services are offered on a best effort basis, and as such we do not" provide any guarantee of the exact delivery time, which despite all our efforts, may vary from order to order, due to certain factors including but not limited to operational disruptions owing to shortage of products and manpower, strikes, lockouts, official control measures, inevitable delays by our suppliers, rider unavailability, public holidays, product unavailability/shortage, date of delivery, time of delivery, area of delivery, distance from the hub, customer demand, traffic, sudden breakdown of delivery vehicle, weather conditions, force majeure events specified below and/or any other unforeseen reasons beyond our control;
N A D HOSPITAL does not guarantee to deliver your order within a period of one hours and delivery within the said timeline is subject to aforesaid multiple factors, as laid out in the present Terms and Conditions, to be read in entirety;
- c. N A D HOSPITAL shall endeavour to deliver the order at the delivery address as provided to us while placing the order on our platform. However, any interruption or disruption caused in delivery due to any incorrect details provided to us on the N A D HOSPITAL Platform shall not be our responsibility and any resultant losses/damages caused shall be your sole responsibility and will not be attributable to us in any manner whatsoever;
- d. notwithstanding your request to leave your order at your doorstep or elsewhere, such request cannot be complied with and N A D HOSPITAL shall not be responsible to deliver your order if no one is available to receive the same at the delivery address, inasmuch as it could lead to theft, tampering, spoilage, contamination etc. N A D HOSPITAL shall not be liable for non-delivery or any losses/damages arising from the same in the given case scenario and any losses/damages caused by such circumstances shall be solely borne by you;
- e. You shall undertake to provide accurate directions, information and authorisations to accept delivery of your order. Due to your failure to comply with the same, if the order stands undelivered, the order shall be deemed to have been delivered to you and all the risks and responsibilities in relation thereto shall pass on to you;
- f. As part of N A D HOSPITAL"s best endeavour to deliver all orders within the promised delivery timeline, our rider may connect with you via mobile or internet call to identify the exact location of delivery. However, in the event you do not pick up the call or the call on the given number does not get connected at the first instance, for any reason whatsoever, the promised delivery timeline shall stand no longer applicable, without prejudice to the fact that the promised time is only an approximate measure of delivery time;
- g. The delivery charges associated with each of your purchases will be displayed on the checkout page once you place an order on the N A D HOSPITAL Platform. Any other applicable charges will also be displayed at the time of purchase and will be payable accordingly;
- h. Cash on Delivery ("COD") is a payment method by which you can pay for your ordered item(s) in cash when N A D HOSPITAL delivers the orders to you at your delivery address;
- i. If you do not own a credit or debit card or do not wish to pay online, rather than making any advance online payment, N A D HOSPITAL COD option gives you the flexibility to pay the complete order amount on delivery through a point-of-service terminal or through cash as the case may be;
- j. In the event you choose to pay for your order via COD mode, the riders shall have the right to refuse delivery of your order if you fail to make the complete payment at the time of delivery. In that case, N A D HOSPITAL shall not be liable for any losses or damage arising from non-delivery of the order and the same shall be your sole responsibility;
- k. You will be informed once the order is confirmed and when the items are shipped with an update on the approximate delivery time;
- l. N A D HOSPITAL makes its best efforts to ship each item in your order within the approximate delivery time intimated to you at the time of placing the order. However, in some cases, it may take longer to ship the order as we may have to procure it from some other stores or our suppliers. In the unlikely event that N A D HOSPITAL is not able to ship your order completely within 36 hours of the order, we shall cancel the remaining unshipped part of the order, and send you a communication informing you about the same. In such cases, your payment against the unshipped part of the order shall be refunded, in the manner you have made the payment, in accordance with the N A D HOSPITAL Payment, Returns and Refund Policy;
- m. All applicable refunds will be processed in accordance with the N A D HOSPITAL Payments, Returns and Refunds Policy available on our N A D HOSPITAL Platform;
- n. Delivery time periods specified on our platform shall always be non-binding under all circumstances inasmuch as delivery is a sum total of multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond our control;
- o. To put forth its best efforts to deliver the order effectively and within the promised timeframe, both internal and third-party entities are engaged by N A D HOSPITAL to carry out deliveries with strict Standard Operating Procedures. Please note that third party services will be governed by their own terms of service and other policies applicable to the corresponding third party and we have no control or connection to it whatsoever and we make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to the services of the third party; and
- p. N A D HOSPITAL does not make any inter-state deliveries of medicine. Inter-state delivery of medicines is fulfilled through external delivery partners. N A D HOSPITAL may also engage external delivery partners for certain inter-city and local deliveries. Any delay, loss, harm, theft or damage arising from the shipping of products by the external delivery partner is the sole liability of the external delivery partner. N A D HOSPITAL shall not be held liable for the actions of the external delivery partner in any way whatsoever.
CITY LIMITS OF Delivery Medicines:
- International delivery is not available . We deliver only with the Visakhapatnam City limits. You can access the website to order items while being located anywhere in the city, but the shipping address has to be in Visakhapatnam and as per existing pincode in the APP Plantform system.
- a. N A D HOSPITAL shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched; and
- b. You will compensate N A D HOSPITAL for any extra cost incurred for redelivery in the event of a non-delivery in the first instance on account of a mistake by you (i.e. wrong name or address or any other wrong information).
Medicine Delivery Policy:
- a. Valid prescription from a doctor is mandatory for all medicine orders, apart from when the law permits dispatch of medicine without a prescription. You may be requested to upload a scanned copy of the prescription on the N A D HOSPITAL Platform;
- b. You agree that the prescription uploaded by you will be examined by a registered pharmacist where applicable or necessary under law, and your order shall be considered confirmed only after the prescription is accepted by the Pharmacist;
- c. You agree and consent to the particulars of your prescription will be recorded by N A D HOSPITAL in accordance with its obligations under applicable laws;
- d. You may be required to display the prescription, whether offline or online, for the purpose of record keeping by N A D HOSPITAL, at the time of picking up medicines or accepting delivery of medicines through an online order; and
- e. N A D HOSPITAL will have a right to reject (either fully or partially) your Order, in case it is found that the prescription shared by you is not as per the relevant applicable statutory requirements and same shall be informed to you through various communication channels.
- a. You shall not upload to, distribute, or otherwise publish through the N A D HOSPITAL Platform, the following Prohibited Content, which includes any content, information, or other material that:
- b. belongs to another person and which you do not own the rights to;
- c. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
- d. is hateful, racially or ethnically objectionable, disparaging of any person;
- e. relates to or seems to encourage money laundering or gambling,
- f. harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
- g. violates any law in India for the time being in force;
- h. deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- i. communicates any information which is grossly offensive or menacing in nature;
- j. impersonates another person;
- k. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;
- l. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- m. incites any offence or prevents investigation of any offence or insults any other nation;
- n. is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of APEKSHA MEDICARE SERVICE PVT. LTD or any other Apeksha Medicare Service Pvt. Ltd group company or affiliate who you may interact with for availing Services; and
- o. is not relating to the medical consultation or relating to any of the Services you avail from us.
You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the N A D HOSPITAL Platform.
- a. By using the N A D HOSPITAL Platform and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold N A D HOSPITAL, its affiliates and any Apeksha Medicare Service Pvt. Ltd group companies, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees that the concerned indemnified persons may suffer on account of
your breach of these Terms;
- b. your use of the N A D HOSPITAL Platform and/or the Service;
- c. incorrect or inaccurate credit / debit card details provided by you;
- d. you using a credit / debit card which is not lawfully owned by you;
- e. you permitting a third party to use your password or other means to access your account;
- f. your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the N A D HOSPITAL Platform and/or the Service;
- g. you providing a false, forged, unauthorized or manipulated prescription; and
- h. any action taken by N A D HOSPITAL as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.
LIMITATION OF LIABILITY
By using our Services, you confirm that you understand and agree to the following:
- a. To the extent permitted by applicable law, N A D HOSPITAL or its affiliates or any Apeksha Medicare Service Pvt. Ltd group companies will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:
(ii) your use or inability to use the N A D HOSPITAL Platform; and
(iii) your use of any third party services you contacted through the N A D HOSPITAL Platform.
- b. N A D HOSPITAL does not warrant that the N A D HOSPITAL Platform or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through the N A D HOSPITAL Platform.
- c. Although N A D HOSPITAL takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the N A D HOSPITAL Platform, N A D HOSPITAL does not represent or warrant that the N A D HOSPITAL Platform, or the Service or Products or materials that may be made available through the N A D HOSPITAL Platform are free from such destructive features. N A D HOSPITAL is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
- d. To the extent permitted by law, N A D HOSPITAL shall not be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, revenue, contracts, anticipated savings, goodwill or wasted expenditure, business interruption, loss of programs or other data on your information system or any other indirect or consequential loss), even if N A D HOSPITAL has been advised, knew, or should have known of the possibility of such damages, arising out of or related to:
(i) your use of or reliance on the N A D HOSPITAL Platform, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the N A D HOSPITAL Platform;
(ii) your provision of information, personal or otherwise, to N A D HOSPITAL;
(iii) the provision of Services by N A D HOSPITAL;
(iv) acts or negligence on the part of N A D HOSPITAL, its agents or employees; and
(v) Errors, delays or deficiencies in services or theft or damage of Products, attributable to third parties who assist N A D HOSPITAL such as delivery partners.
- e. To the fullest extent permitted by law, N A D HOSPITAL disclaims and excludes all warranties and representations, express, implied or statutory, with respect to the N A D HOSPITAL platform or N A D HOSPITAL"s services, or with respect to the accuracy, currency or completeness of the information provided by N A D HOSPITAL, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property right. The N A D HOSPITAL platform, including, without limitation, all content, information and links contained therein, is provided "as-is" without any warranty that it will be uninterrupted or error free. You expressly agree that your use of this N A D HOSPITAL platform is at your sole risk.
- f. Notwithstanding anything herein to the contrary, N A D HOSPITAL"s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the N A D HOSPITAL Platform, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) or Services in respect of one incident or series of incidents attributable to the same cause.
- g. N A D HOSPITAL reserves the right to refuse Service, terminate accounts, remove or edit content, or cancel orders anytime at their sole discretion.
- h. No claims or action arising out of, or related to, the use of the N A D HOSPITAL Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
- i. We have selected the Products on the basis that they will be used for personal use only. If you are planning to use them for business purposes you are advised to make sure that you are covered by a proper insurance plan. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In relation to business users, we do not accept liability for the fitness of Products for business purposes, nor do we accept liability for loss of use of the Product, nor any loss over and above the cost of the Products in the event of a claim for breach of warranty or condition.
This section shall survive the termination of this Agreement and the termination of your use of our Services or the N A D HOSPITAL Platform.
DATA & INFORMATION POLICY
INTELLECTUAL PROPERTY AND OWNERSHIP
You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the N A D HOSPITAL Platform belong to us at all times or to those who grant us the license for their use. You are permitted to use this material and/or content only as expressly authorized by our licensors or us. No use of these may be made without the prior written authorization of N A D HOSPITAL. All Product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, "Marks") are trademarks owned by or licensed to N A D HOSPITAL, unless otherwise noted. The Marks on the N A D HOSPITAL Platform are variously protected by the laws of India. Use of any of these Marks may not be made without the prior written consent of N A D HOSPITAL, except for the sole purpose of identifying the Products or Services originating from N A D HOSPITAL. You acknowledge and agree that the material and content shown at the N A D HOSPITAL Platform is made available for your personal non-commercial use only and that you may download such material and content only for the
purpose of using this N A D HOSPITAL Platform. You further acknowledge that any other use of the material and content of the N A D HOSPITAL Platform is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. The N A D HOSPITAL Platform may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information ("User Content") on the N A D HOSPITAL Platform. You warrant that any such User Content submitted by you to the N A D HOSPITAL Platform is original (and does not infringe the copyright of others), and you hereby grant N A D HOSPITAL a perpetual, irrevocable, non-exclusive, royalty free license to use such User Content so submitted, without any further recourse to you, and you hereby waive all rights in such User Content. N A D HOSPITAL has the right but not the obligation to monitor and edit or remove any activity or User Content, and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.
Please note that your payments are processed in accordance with applicable law and you may refer to our Payments and Refund Policy for details.
By using our Services, you further confirm that you understand and agree to the following:
- a. That you will use the services provided by N A D HOSPITAL, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the N A D HOSPITAL Platform and transacting on the N A D HOSPITAL Platform.
- b. You will provide true, accurate, complete and current information in all instances where such information is requested of you. N A D HOSPITAL reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), N A D HOSPITAL has the right in its sole discretion to reject the registration and debar you from using the Services of N A D HOSPITAL and / or other affiliated websites without prior intimation whatsoever.
- c. That you using your best and prudent judgment before entering into any transaction through this N A D HOSPITAL Platform doing so at your sole risk.
N A D HOSPITAL reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract, to any third party. If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other Terms shall not be affected. These Terms do not create or confer any rights or benefits enforceable by any person that is not a party. No delay or failure by N A D HOSPITAL to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of N A D HOSPITAL. These Terms including the documents or other sources referred to in these Terms supersede all prior representations, understandings and agreements between you and N A D HOSPITAL relating to the use of the N A D HOSPITAL Platform
(including the use of Services and/or order of Products) and sets forth the entire agreement and understanding between you and N A D HOSPITAL for your use of the N A D HOSPITAL Platform. When you visit the N A D HOSPITAL Platform or send e-mail to us, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by e-mail or by posting notices on the N A D HOSPITAL Platform. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
THIRD PARTY LINKS AND RESOURCES
EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure to deliver Products when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- a. Strike, lockout or other forms of protest;
- b. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
- c. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
- d. Inability to use public or private transportation and telecommunication systems; and
- e. Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.
Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.
- a. We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions; and
- b. For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.
APPLICABLE LEGISLATION AND JURISDICTION
The use of our N A D HOSPITAL Platform and the contract between you and N A D HOSPITAL shall be governed by the laws applicable in India, without regard to the conflict of law rules. Any dispute relating to the use of our Services will be only resolved exclusively in the Courts at Hyderabad, India but not in any other Court.
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