What is Zelthy?
1. The domain name www.zelthy.com, an internet based portal, is owned and operated by HealthLane Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter, referred to as “Zelthy” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile applications are collectively referred to as “Website”.
5. You agree and acknowledge that the Website is a platform that Users and Sellers utilize to meet and interact with another for their transactions. Zelthy is not and cannot be a party to or save as except as may be provided in this document control in any manner, any transaction between the Users and Sellers.
(i) the Indian Contract Act, 1872 (“Contract Act”);
(ii) the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011;
(iii) the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
(iv.) the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and
(v.) the Consumer Protection Act, 1986.
1. For the purposes of transacting with Sellers through the Website, the Users are required to obtain registration, in accordance with the procedure established by Zelthy in this regard. As part of the registration process, Zelthy may collect the following personal information from the Users:i. Name;
ii. User ID;
iii. Email address
iv. Address (including country and ZIP/ postal code);
vii. Phone number;
viii. Password chosen by the User;
ix. Valid financial account information; and
x. Other details as the User may volunteer.
2. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.
4. A registered id can only be utilized by the person whose details have been provided and Zelthy does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of purchasing drugs or other pharmaceutical products or services, on behalf of such persons.
5. You agree and acknowledge that You would (a) create only one account; (b) provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Website; (c) maintain and promptly update Your account information; (d) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (e) promptly notify Zelthy if You discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.
4. Services and Use of Website
1. Zelthy provides Services through the Website, which is a platform that facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Sellers. You understand and agree that Zelthy and the Website merely provide hosting services to its Users and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Sellers/ manufacturers of drugs and other pharmaceutical products (“Manufacturers”), are third party user generated contents. Zelthy has no control over such third party user generated contents and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the drugs and pharmaceutical products made available by the Sellers through the Website shall be sole responsibility of the Sellers/ Manufacturers. The Users understand and agree that Zelthy shall have no liability with respect to the authenticity of the drugs or pharmaceutical products being facilitated through its Website.
2. The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the drugs and other pharmaceutical products or services are offered by and agreed to between the Users and the Sellers and the contract for purchase of any of the drugs or other pharmaceutical products, or services, offered for sale on the Website by the Sellers shall strictly be a bipartite contract between the Seller and the User.
3. The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the goods and services offered for sale by the Sellers, and after sales services related to such goods and services. Zelthy does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between Users and Sellers.
4. Zelthy does not make any representation or warranty as to legal title of the goods and services offered for sale by the individual Sellers on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with Zelthy nor shall Zelthy have any obligations or liabilities in respect of any transactions on the website. The Users agree and acknowledge that the ownership of the inventory of such goods and services shall always vest with the Sellers, who are advertising or offering them for sale on the Website and are the ultimate sellers.
5. The Users agree and acknowledge that the Seller shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Seller does not have the sole and exclusive legal ownership over the goods and services that have been offered for sale on the Website by such Seller, or did not have the absolute right, title and authority to deal in and offer for sale such goods and services on the Website.
6. The User accepts and acknowledges the following:
1. Zelthy is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and Seller for purchase and sale of goods or services offered by such Sellers on the Website;
2. Zelthy cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website;
3. Seller is solely responsible for ensuring that the goods or services offered for sale on the Website are kept in stock forsuccessful fulfillment of orders received. Consequently, Zelthy is not responsible if the Seller does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by the User;
4. Zelthy shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers. In particular, Zelthy does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website;
7. The Users agree and acknowledge that the respective Sellers are exhibiting Seller Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.
8. The Seller Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Sellers on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
9. THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
10. The Users acknowledge and agree that such Manufacturers / Sellers shall be solely responsible for ensuring that such Seller Content made available regarding the goods offered for sale on the Website, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Manufacturers/ Seller to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that Zelthy provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Website and the Users must run their own independent check. The Users agree and acknowledge that Zelthy has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale by the Sellers on the Website. Further, it is hereby clarified that the Manufacturers/ Sellers are offering Products for sale to the Users and they are responsible for procuring the appropriate licenses for the same under the Drugs Act. The Users agree and acknowledge that it shall not hold Zelthy responsible or liable for any damages arising out of such reliance on third party user generated content by the User.
11. Zelthy allows third party and servers, ad agencies, ad technology vendors and research firms (“Advertisers”), to serve advertisements to the Users (“Advertised Content”), which may include third party banners, badges, contextual advertising and content created or provided by an Advertiser (collectively referred to as "Advertisements" or "Advertising"). The Advertised Content shall be clearly demarcated and differentiated from Zelthy Content. Zelthy may “target” some ads to User that for a certain general profile. Zelthy does NOT use personally identifiable information to target ads. Further, all the terms and conditions governing advertisements on the Website are governed by the advertisement policy mentioned here.
12. The Zelthy Content is available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Further, the details regarding the process of generating and reviewing the Zelthy Content is detailed in the editorial policy.
13. You must always consult a registered medical practitioner, as defined under the Drugs Act (“Registered Medical Practitioner”) with any questions or concerns you may have regarding the suitability of any drug offered for sale by the Sellers on the Website, in light of your individual needs and medical conditions. Reliance on any information appearing on the Website, whether provided by Zelthy, its content providers, visitors to the Website or others, is solely at Your own risk, and Zelthy shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the Website. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by You on any information published on the Website, the manufacturers/ Sellers from whom said content is obtained and made available on the Website shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and Zelthy shall have no liability in relation to the same.
14. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Zelthy for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Zelthy may allow authorized third parties to place or recognize a unique cookie on the User’s browser. Zelthy does not store personally identifiable information in the cookies.
15. Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Website. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately. NO REGISTERED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US.
16. The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a Registered Medical Practitioner to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Sellers. In order to purchase Prescription Drugs from Sellers through the Website, the Users are required to upload a scanned copy of the valid prescription on the Website or email the same to Zelthy. The order would not be processed and forwarded to the concerned Sellers by Zelthy until it receives a copy of a valid prescription. Seller will verify the prescription forwarded by the User and in case of Seller observes any discrepancy in the Prescription uploaded by the User, Seller will cancel the order immediately. The Users are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. The User shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
17. Zelthy shall maintain a record of all the prescriptions uploaded by the User.
18. The Users acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the Registered Medical Practitioner has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the prescribed drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
19. The User further acknowledges and accepts that, in the absence of the above, the concerned pharmacist would not dispense a substitute drug in place of the prescribed drugs.
22. Upon acceptance of the Offer by the concerned Seller (being the pharmacy, the drugs/ pharmaceutical products or services would be dispensed at the pharmacy, in accordance with the terms of the order placed by the User. Such dispensation shall also take place under the direct/ personal supervision of the Pharmacist, wherever required under the applicable law.
23. The User acknowledges and agrees that the property in the drugs/ pharmaceutical products or services ordered by the User shall stand immediately transferred to the User upon the dispensation of drugs (in accordance with Clause 4.19) and the raising of the invoice at the concerned pharmacy. Accordingly, the sale of drugs/ pharmaceutical products is concluded at the concerned pharmacy itself.
24. The invoice in relation to the drugs/ pharmaceutical products, and services that are required to be delivered to the User shall be issued by the concerned Seller (being the pharmacy) who is to process and satisfy the order for such drugs/ pharmaceutical products, and services.
25. The goods shall be delivered by the Seller or independent contractors. The User accepts and acknowledges that the Seller or such other transporter/ courier/ delivery personnel, engaged by the Seller or Zelthy, shall be independent contractors in-charge of the delivery the goods from the concerned pharmacy to the address notified by the User, with no control over the goods and no additional obligation apart from standard delivery obligations and duty of care.26. The User further accepts and acknowledges that Zelthy does not engage in the distribution of the concerned drugs or other pharmaceutical products, and may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User.
27. While communicating/ transacting with Sellers through the Website, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing drugs or pharmaceutical products or services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.
28. The Users must also ensure that the prescription uploaded on the Website or emailed to Zelthy for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Sellers or to Zelthy, as a result of any dispensation of Prescription Drugs by the Seller owing to the non-compliance by the User in this regard.
5. Payment, Fees and Taxes
1. Registration on the Website and the access to the information provided on the Website is free. Zelthy does not charge any fee for accessing, browsing and buying through the Website. The User agrees to make all payments directly to the respective Seller for purchase of goods from such Seller. The Sellers may choose to either personally collect such payment from the Users or may use the services of collection agents duly appointed in this regard. The Users agree and acknowledge that it shall not hold Zelthy responsible for any loss or damage caused to the User during the process, due to any acts or omission on the part of third parties viz. the Seller or the collection agents or for any actions/ omissions which are beyond the control of Zelthy.
1. You undertake that You shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
1. belongs to another person and to which the User does not have any right;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
.3. infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
4. violates any law for the time being in force;
4. impersonates another person;
5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
6. is prohibited under applicable law for the time being in force including Drugs Act (read with the Drugs Rules), the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, as amended from time to time and rules made there under;
7. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
2. The User is also prohibited from:
1. violating or attempting to violate the integrity or security of the Website or any Zelthy Content;
2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Zelthy;
3. intentionally submitting on the Website any incomplete, false or inaccurate information;
4. making any unsolicited communications to other Users;
5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
7. copying or duplicating in any manner any of the Zelthy Content or other information available from the Website;
8. framing or hotlinking or deeplinking any Zelthy Content.
1. The User accepts and acknowledges that Zelthy does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods made available on their Website, including any guarantee or warrantee that such goods (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Sellers have legal title over the goods being offered for sale by them on the Website. Zelthy also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered.
2. The User further accepts and acknowledges that Zelthy does not verify any content or information provided by the Sellers/ or obtained from the Manufacturers, and to fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Website, the Services, the Zelthy Content, representations and warranties made by the Sellers or the content or information (provided by such Seller or obtained from the Manufacturers) on the Website or any opinion or suggestion given or expressed by Zelthy or any Seller in relation to any User or Services provided by Zelthy.
3. The Website may be linked to web pages and content of third parties, affiliates and business partners (collectively, “Third Party Content”). Zelthy does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that Zelthy shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, quality of such Third Party Content. Inclusion of any link on the Website does not imply that Zelthy endorses the linked site. User may use the links and these services at User's own risk.
4. Zelthy assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
5. The listing of Sellers on the Website is based on numerous factors including User's comments and feedbacks. In no event shall the Protected Entities be liable or responsible for the listing order of Sellers on the Website.
6. To the maximum extent permitted by applicable law, Zelthy, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such protected entity has been advised of the possibility of such damages.
7. In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Seller to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Seller; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website.
9. Modification of Website
1. Zelthy reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that Zelthy will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
1. The provisions of this Agreement shall continue to apply until terminated by either You or Zelthy as set for below:
1. If You want to terminate this Agreement with Zelthy, You may do so by:
i. not accessing the Website; or
ii. closing Your accounts for all of the Services that You use.
1. Zelthy reserves the right to, at any time, and with or without notice, terminate this Agreement with You if:
ii. Zelthy is unable to verify or authenticate any information provided to Zelthy by You; or
iii. Zelthy believes, in its sole discretion, that Your actions may cause legal liability for Zelthy (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
iv. Zelthy is required to do so by law; or
v. if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Zelthy to provide the Services to You; or
vi. The provision of the Services to you, or to the general public, is in Zelthy’s opinion, no longer commercially viable; or
vii. Zelthy has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
2. Zelthy may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring You from further use or access of the Website or of any of the Services.
3. Once terminated or suspended (temporarily or permanently), You may not continue to use the Website under the same account, a different account or re-register under a new account.
4. Upon termination of this Agreement, Zelthy shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).
5. The right to terminate/ suspend the account is in addition to, and without prejudice to, Zelthy’s right to initiate action against the User, in accordance with applicable law.
11. Force Majeure
1. Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
15. Contact Information
1. If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at email@example.com
2. If a User has any questions concerning Zelthy, the Website, this Agreement, or anything related to any of the foregoing, Zelthy can be reached at the following email address - firstname.lastname@example.org or via the contact information available from the following hyperlink: www.Zelthy.com/contactus
© 2016 Zelthy. All rights reserved.
In compliance with Drug and Cosmetic Act and Rules, we don't process requests for Schedule X and other habit forming drugs. For Schedule H and H1 drugs, you need to upload a valid prescription from a registered medical practitioner.