As used in this Agreement, “we,” “us,” “our” and “CallHealth” means CallHealth Online Services Private Limited (which shall, if the context requires, include its successors and permitted assignees), and “you”, “your” means Users (which shall, if the context requires, include successors and permitted assignees).
This domain name www.CallHealthShop.com is owned by CallHealth Online Services Private Limited, a company incorporated under the Companies Act 2013 with its registered office at 4th floor, Ramky Grandiose, Gachibowli, Hyderabad, Telangana State, India. (Hereinafter referred to as “CallHealthShop”).
This is a legally binding agreement and can only be accepted and agreed if you are eligible to enter into a contract as per the Indian Contract Act, 1872. We reserve the right to terminate your membership and / or refuse to provide access to the Website if it is brought to our notice or if it is discovered that you are not eligible to enter into a contract as per applicable laws.
While using the Website, you shall maintain confidentiality and secure your details of your account including user name (incl. display name) and password. You will be responsible for all the activities that may occur on your name and registered membership. You will be responsible for providing accurate and correct information pertaining to you and you will be responsible for updating the same upon any modification. You should inform us immediately if you know or have any reason to believe that your password has is being used in an unauthorised manner. We reserve the right to cancel or suspend your membership.
You consent to receive/ communicate data, information, updates from us through valid modes of communication including but not limited to emails, messages, etc. We provide you with the opportunity to opt out of receiving all communications, you deem as non-essential, from us.
We are an intermediary who provides Online Market Place platform to you to meet and interact with Sellers for purchase of products listed by them. You further agree and acknowledge we only facilitate the transactions on the Website and we cannot be a party to or control in any manner any transactions on the Website. Accordingly, the contract of sale of products on the Website is strictly a bipartite contract between you and Sellers.
5.2 All the contractual terms are offered and accepted by Buyers, Sellers and other service providers, and such contractual terms may include:
5.3 Neither Seller nor CallHealth is liable if the price or product information or any of the terms of sale of any product(s) reflected on the Website wrongly displayed due to some technical issue and/or typographical error. In such incidence, Seller reserves the right to cancel such order(s) and all other Users shall abide by the same.
5.4 You hereby confirm and agree that
We do not charge any fee from the Buyers for browsing and/or buying of products on the Website. We however reserve the right, at our sole discretion:
Changes to the Fee Policy will be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Fees shall be quoted in Indian Rupees. Users shall be solely responsible for compliance to all applicable laws including those in India for making payments to us.
You agree, undertake and confirm that the use of Website shall be subject to the following terms:
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website that:
(ii) You shall not:
(b) CallHealth is not liable either directly or indirectly -
i. If unauthorized Users or hackers post or transmit offensive or obscene materials on the Website and are involuntarily exposed to such offensive and obscene materials.
ii. If unauthorized Users or hackers obtain personal information about Users due to their use of the Website, and that the recipient use of such information to or injure Users.
iii. If any personal information that Users privately/publicly disclose or share with others on the Website.
a) All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the Website (collectively, "Content"), is either owned by us or by a third party user and we have no control or rights over such third party user content.
b) All the information, feedbacks, reviews and advice by us or other users of the Website is for information purposes only and does not constitute professional advice. We do not represent or endorse the accuracy or reliability of any content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk.
c) No part of the Content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or used without authorisation.
d) You shall use information for downloading, provided that:
THE WEBSITE AND ALL THE MATERIALS, PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE) AND SERVICES, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEITHER CALLHEALTH NOR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
CALLHEALTH IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE.
While availing any of the payment method/s available on the Website, we are not responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
All payments made against the purchases/services on Website by Users shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate transaction with respect to any other form of currency with respect to the purchases made on its Website.
Before shipping / delivering an order, Seller may request for supporting documents, at its discretion, to establish the ownership of the payment instrument used for the purchase. This is done in the interest of providing a safe online shopping.
a) The payment facility provided by us through third party service providers is neither a banking nor financial service but is merely a facilitation by providing an automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks.
b) We are neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price or by providing Payment Facility,
13.1 Buyers agree and acknowledge that by initiating a Transaction, they enter into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller. Buyers shall pay through the Payment Gateway Provider or through COD.
13.2 Except in case of receiving products or services through Cash On Delivery transactions, you shall electronically notify us using Website features immediately upon Delivery or non-Delivery of the products. Non notification of delivery or non-Delivery of the product within the time period specified shall be construed as a deemed Delivery in respect of that Transaction.
13.3 You shall only be entitled to claim a refund as per the “Refund Policy”.
13.4 We reserve the right -
(a) To impose limits on the number of Transactions or Transaction price which we may receive from on an individual through a valid Credit/Debit/ Cash Card / Bank Account/ and such other infrastructure or any other financial instrument;
(b) To refuse to process Transactions exceeding such limit.
13.5 We reserve the right to refuse to process Transaction by you with a prior history of questionable charges including without limitation breach of any agreements or website policies by you or breach/violation of any law or any charges imposed by Issuing Bank.
13.6 We may do such checks as deemed fit before approving the receipt of your commitment to pay Transaction price/delivery of goods at our discretion and we reserve the right to refuse the transaction if it is not satisfied with your creditability or genuineness of the Transaction / Transaction price,
13.7 If you are engaged in any illegal or suspicious transaction, we reserve the right to inform law enforcement officials, delay notifying the payment confirmation or hold the transaction.
13.8 You acknowledge that we will not be liable for any damages, interests or claims etc., resulting from not processing a Transaction/Transaction price or any delay in processing a Transaction/Transaction price.
You shall comply with all the applicable Domestic and International laws
If we have suspicion or knowledge, that you are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then we without prejudice to our rights to initiate civil and/or criminal proceedings against you may also at our sole discretion suspend, block, restrict, cancel your account. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
You shall indemnify and hold harmless CallHealth, its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement.
This Agreement shall be governed by the laws of India.
You agree that all claims, differences and disputes arising under or in connection with or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts at Hyderabad and you hereby accede to and accept the jurisdiction of such courts.
Unless otherwise specified, the products displayed on the Website are solely for the purpose of sale in India. We make no representation that products displayed in the Website are appropriate or available for sale in other Countries other than India. Those who choose to access the Website from countries other than India such act shall at their own initiative and we are not responsible for supply of products/refund for the products ordered from countries other than India, compliance with local laws. Courts at Hyderabad shall have exclusive jurisdiction.
We respect the intellectual property of Sellers and others third parties. In case you feel that Trademark of any person has been infringed, such aggrieved person can write to us at infringement@CallHealthShop.com.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
We insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and dissemination practices.
When you use the Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet you needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
In general, you can browse the Website without telling us who they are or revealing any personal information about them. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. You always have the option to withdraw the consent, we have the option not to provide services for which the said information was sought. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve you. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.
If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.
If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other Users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.
We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you register and create an account with us. We use your contact information to send you offers based on your previous orders and interests.
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide to you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize user experience; detect and protect you against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our Users' activity on our Website.
We maintain standard call and IP logs that record data about all Users who call us and/or access our Website. We store this information for providing services and as an analysis tool. All call logs are stored securely, and may only be accessed by our employees or designees on a need-to-know basis for a specific purpose. We use call log information to help provide our members the efficient services under this membership. We collect IP address of all visitors to the Website.
We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like pin code, age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.
A "cookie" is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given User. We place both permanent and temporary cookies in your computer's hard drive. The cookies do not contain any of your personally identifiable information.
We use data collection devices such as "cookies" on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety.
We may share personal information with our other corporate entities and affiliates to provide services to you, to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.
Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
Unfortunately, no method of transmitting or storing data can be guaranteed to be 100% secure. As a result, although we strive to protect your personal information, we cannot ensure the security of any information you transmit to us through, or in connection with, the Site. If you have reason to believe that your interaction with us is no longer secure (for say, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below.
You consent to receive/ communicate data, information, updates from CallHealth regarding the Services, through valid modes of communication which includes but not limited to emails, messages etc. We provide you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of the Associates, and from us in general, after setting up an account.
If you wish to remove your contact information from all CallHealth lists and newsletters, please visit [insert url]
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including username, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
Comments or questions sent to us using e-mail or secure messaging forms will be shared with our staff and Empanelled Services Providers who are most able to address your concerns. We will archive your messages once we have made our best effort to provide you with a complete and satisfactory response. When you use a service on the secure section of the Website or interact directly with our staff or Associates, some information you provide may be documented in your medical record, and will be available for use as a future guide for your treatment as a patient.