Last Updated on November 23, 2023 by admin
This document is an electronic record, generated in compliance with the terms and rules of the Information Technology Act, 2000. Amended provisions, pertaining to electronic records in various statutes, will be in accordance with the amendments made in the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the website.
Please read the following terms and conditions very carefully as your use of the services of this website, the mobile application, both medium also referred to as HIVHUB, is subject to your acceptance of and compliance with the following terms and conditions.
Acknowledgement of Terms: When you access this website, mobile application you acknowledge that you have read the terms and conditions set forth below and understood that access to this website/mobile application is subject to the provisions of the same. If you do not agree to the terms and conditions set forth below, you should exit this website/mobile application now.
Definition
The term website shall include Mobile App.
Pharmacy: Pharmacy means an independent retailer working as Retail Chemists & Druggists and holds a valid license to operate as Retailer under the provisions of Drugs & Cosmetics Act, 1940 and also holds other required licenses and registration under the provisions of applicable laws, hereinafter also referred as Sellers.
Lab: Lab means pathology lab having valid license/registration/NOC to operate as Pathology under the provisions of Clinical Establishment Act and other laws.
Language of the Terms
The terms are incorporated herein in English language and HIVHUB does not provide you with a translation of the English language version of the Terms and if there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
General Information
HIVHUB works as a communication medium between users, pharmacy, Lab and other service providers.
The communications on HIVHUB are only in the form of enquiry and indent and are subject to conformity by the said Pharmacy, Lab and Other Service providers.
HIVHUB itself is not to sell, to stock, to exhibit, to offer for sale or to distribute medicines, pharmaceutical, healthcare & other related products. HIVHUB provides information and knowledge and forwards all communication of users among the network of Sellers and all sale, stock, exhibit or offer for sale or distribution is only made from the said sellers. No communication from either side is final and binding. Such communications are only in the form of enquiry or indent and are subject to confirmation by the said sellers. All agreements and contracts are being entered only by the said Sellers.
HIVHUB is a communication medium. All orders are accepted and fulfilled by Pharmacy subject to verification of valid prescription by said the Pharmacy. Exhibit or any offer for sale, if any, is by the Pharmacy using HIVHUB.
For Medicines and Products, HIVHUB is a technology platform which works as communication medium between Users and Sellers.
For Lab and other services, HIVHUB is acting as a communication medium only, all the offer for sale/services are directly from such labs and service providers.
The information available on HIVHUB has been compiled with utmost precision and is for informational purposes only and does not constitute professional advice, recommendation, diagnosis or any kind of treatment. You are advised to seek advice from registered medical practitioner or experts for your personal medical needs and requirements. Taking any action based on any information/content provided on HIVHUB will be solely at your own risk and HIVHUB will not be held responsible, under any situation or condition, for your acts.
It is the duty of the users to read the terms and conditions of HIVHUB (which is likely to change from time to time) before accessing it.
Your use of this website, its tools and information are governed by the following terms and conditions (“Terms & Conditions”). If you use this website, you shall have to follow the policies, terms and conditions that are mentioned in this agreement.
Any individual, who has agreed to become a Registered User of HIVHUB by providing his/her Personal Identification Data, shall agree to abide by the terms and conditions of this website, which is owned and provided by HIVHUB Marketplace Limited (hereinafter referred to as “HIVHUB”).
ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES THAT YOU AGREE TO ABIDE BY ALL THE TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT. SO PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE PROCEEDING.
The information on this website is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics and information, contained on or available through this website is for general information purposes only. HIVHUB makes no representation and assumes no responsibility for the accuracy of information contained on or available through this website and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this website with other sources and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH ANY WEBSITE.
HIVHUB does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific products, procedures, treatments, opinions or other information that may be contained on or available through this website.
Choice of Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India.
Any litigation arising out of or in connection with this website shall directly come under the jurisdiction of Surat courts, Gujrat, India only.
Membership Eligibility
Companies/Individuals who are allowed to enter into a legally binding contract within the purview of the Indian Contract Act, 1872, shall be eligible for membership or registration at HIVHUB. Our services are not available to individuals below 18 years or to users who have been terminated or removed from the system by team HIVHUB for some reason or the other.
Members must be humans. No machines, scripts, or automated services are permitted to become members.
Privacy
Any information provided by our customers is private and confidential. And we respect customers’ privacy. To know more about our privacy policies, visit our Privacy Policy section. We assume that as a responsible user you agree to abide by our privacy policies.
Account and Registration
To become a registered user at HIVHUB, you need to open an account with us. Remember, it is the user’s responsibility to keep his/her password and account details confidential. You also agree to accept responsibility for all activities that occur under Your Account or Password. HIVHUB shall not be liable for any loss or damage, which may take place if the user fails to protect his/her account details or password. In case you notice suspicious activities that threaten disclosure of your account details, please contact us immediately at 03366806680 or mail us at care@HIVHUB.com. If HIVHUB has reason to believe that there is likely to be a breach of security or misuse of the website; then, we may ask you to change your password or, we may also, deactivate your account without your consent.
You also agree to:
Provide accurate, current and complete information about yourself, known as “Registration Data”, while registering as a new user on HIVHUB.
Maintain and regularly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if HIVHUB has reasonable grounds to suspect that such information is untrue, inaccurate, and not updated; then, this may result in the termination of your user membership at HIVHUB.
By creating this account, you agree to receive communications from us via promotional SMS, Emails, Push Notifications, Telephone and Chat at any time. You consent to be contacted by us in case of any order or shipment or delivery related updates and/or to update you about new offers and promotions.
We will take sufficient care in not sharing your personal information to any third party to initiate any promotional Phone Calls/SMS/Emails. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email at care@HIVHUB.com with the Subject Line “Unsubscribe”.
Information
We always try to provide accurate information, yet errors may occur.
Maintenance
This website may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to this website and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, this website shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
Discontinuation or Modification to Services
This website reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at anytime with or without notice to the User. There shall be no liability on behalf of this website to the User or any third party in case this website exercises its unilateral right to modify or discontinue the Service.
User Conduct
You Agree and Confirm
1. That you will use the services provided by HIVHUB, its affiliates, consultants and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using this website and transacting on this website.
2. That you will provide true, accurate, complete and current information in all instances when such information is requested from you. HIVHUB 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), HIVHUB has the right, in its sole discretion, to reject the registration and debar you from using the Services of HIVHUB and / or other affiliated websites without prior intimation whatsoever.
3. That you are using your prudent judgment while using HIVHUB.
4. That you agree to use the Services only for purposes that are permitted by:
a) The Terms set out herein and
b) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
5. That you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
6. That you agree to ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 as amended from time to time. That you shall not engage in any transaction which is prohibited by the provisions of any applicable law including the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 as amended from time to time.
7. You understand and agree that HIVHUB provides only information and knowledge and acts as a bridge between users and the Sellers. All commercial/contractual terms and agreements are between users and Sellers. HIVHUB is a communication medium. All orders are accepted and fulfilled by independent licensed chemist subject to verification of Valid Prescription by the said chemist. By accepting Terms and Conditions to use this Technology Service, you hereby confirm that you are placing order only for fulfillment of valid prescription. HIVHUB is not responsible for any breach or non-performance of any contract entered between users and sellers. You agree to indemnify and hold harmless HIVHUB, its owners, subsidiaries, licensees, affiliates, joint ventures, third parties and their respective directors, agents, franchisees, suppliers, information providers, employees and their successors from and against any and all claims or demands, actions, liabilities, damage, losses, costs and expenses, including reasonable attorney’s fees made by any third party or penalty/penalties imposed due to breach or non-performance or any issues arising from your transaction with the Sellers.
8. You understand and agree that exhibit and offer for sale of Medicines, if any, at HIVHUB is only by the Pharmacy
9. You understand and agree that HIVHUB is just a communication platform between you and Lab and other Service Providers.
10. That unless you have been specifically permitted to do so in a separate agreement with this website, you agree that you will not reproduce, duplicate, copy, the content of this website for any purpose.
11. That you are solely responsible for (and that this website has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which this website may suffer) of any such breach.
12. That you have given consent to keep records of telephone calls received from you and made to you for making enquiries, orders or other reasons for the purposes of user administration, research and development, improvement in services, administration of services etc.
Limitations of Usage
This Website cannot be used for any of the following purposes:
1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, obscene, or otherwise objectionable material.
2. Transmitting offensive materials that may violate relevant laws, regulations and ethics of pharmacy.
3. Gaining unauthorised access to other computer systems.
4. Interfering with any other person’s use of the website, its features and services.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or websites connected to HIVHUB.
7. Making, transmitting or storing electronic copies of copyrighted materials, design details and colours without the permission of the owner.
Prohibited Actions
The User is restrained from allowing any person other than himself / herself to use the Service.
The User undertakes not to resell or assign his/her rights or obligations under these Terms and Conditions. The User also agrees not to make any unauthorized commercial use of the Service.
The User shall use the Service only for the purpose for which it is subscribed.
The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on this website except such data and information which are posted by the particular User himself.
The User shall not share the Service with any person without the prior written approval of this website.
The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
The User shall be prohibited in persistently sending messages or make postings on this website to any other User or third party who access this website without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
The User shall not infringe on any intellectual property rights of any person / organization or/and retain information in any computer system or otherwise with an intention to do so.
The User agrees not make use of anyone else’s Information other than as necessary to complete any this website transactions in which you are involved.
The User shall not violate, or attempt to violate the security of this website and/or any website(s) linked to this website or gain un-authorized access to any information regarded as private by other Users or persons, including but without limitation, to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
The User shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful component into the internet or this website network system.
The Users shall avail the services of this website or any other related website for lawful purposes alone. Transmission of information or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libellous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws.
Communication
While using HIVHUB you agree to communicate with us via electronic medium. We will communicate with you through e-mails, SMS and phone (mobile, landline or any other medium) for all purposes. You agree that all agreements, notices, disclosures and other communications that we provide you electronically, satisfy any legal requirement that such communications be in writing.
Modification of Terms & Conditions of Service
We reserve the right to change these terms and conditions from time to time without informing you. It is your responsibility to review the company Terms & Conditions regularly.
If you wish to terminate your account due to any modification in the Terms & Conditions or any Policy of HIVHUB, you may do so by sending an email, with the subject line “Termination”, to the following email address: care@HIVHUB.com
In the case of inconsistencies between these Terms & Conditions and any information included in off-line materials (for example, promotional materials and mailers), these Terms should always be referred & shall prevail over such information included in the material.
Termination and Refusal of Service
HIVHUB may, in its sole discretion, limit user activity by immediately suspending your membership, either temporarily or for an indefinite period without citing any reason.
This website may also terminate or block user membership, and/or refuse to allow user access to the site and/or services, or cancel orders, in the event, but not limited to:
The user violates any or all the terms and conditions of this agreement and/or any policy of HIVHUB.
User actions that may harm or slander other users’ actions or pose as a threat to this website.
We discover that the user has provided inaccurate and incomplete information.
The user attempts to dupe, denigrate, or abuse HIVHUB by using the functionalities on the website. A user, once suspended or blocked may not register or attempt to register with us, or use HIVHUB or any of its services in any manner whatsoever, until we reinstate the account of that user. Also in case of such termination, we reserve the right to recover any amount due and may take strict legal action, including but not limited to: a referral to the appropriate police or other authorities for commencing criminal or other proceedings against the user.
To terminate the User Agreement, you have to first discontinue your use of this website, its features and services.
To discontinue your use of this website, send us a mail, with “Termination” as your subject line, to care@HIVHUB.com.
By the word “user” we mean “you, or anyone acting on your behalf or under your password”.
HIVHUB may also, at its sole discretion and at its convenience, discontinue, suspend, modify, restrict or terminate the website or any part of it without issuing any notice to you or any other person.
Product
This website is only for information and communication purpose. This website provides information and knowledge regarding price and availability of medicines, pharmaceutical, healthcare & other related products and forwards all communication of users among the network of Sellers.
Prices and availability of products are subject to change without prior notice or any consequential liability on the HIVHUB.
It is discretion of Pharmacy to modify, extend, update or withdraw the offers on products without prior notice to the Users.
Delivery
This website provides its services to the whole of India, subject to the following:
1) Delivery of prescribed medicines is done by Pharmacy against a valid prescription. The Pharmacy can refuse to deliver the order in absence of a valid prescription. HIVHUB will not be held liable for refusal of orders by the Pharmacy.
2) Delivery of prescribed medicines, selected pharmaceutical and other related products is only available in Serviceable Pincodes in the states of Gujrat, Delhi, Haryana, Uttar Pradesh and Jharkhand and are designated as “Serviceable Area”.
3) OTC, health care and other related products except prescribed medicines will be available across all locations in India.
4) OTC, health care and other related products purchased from the website by a user located outside the serviceable area shall be delivered to the User by standard courier services on behalf of the respective sellers through a logistics partner. If the standard courier services are not available for a particular region/pincode, such order shall not be delivered and the user shall be intimated accordingly.
5) The Lab and Other Services shall be available only in the serviceable area as mentioned at the HIVHUB from time to time.
Payment
Registration on the Website and the access to the information provided on the Website is free. HIVHUB does not charge any fee for accessing, browsing of the Website. The User agrees to make all payments directly to the respective Seller for purchase of goods from such Seller. The Sellers may use the services of collection agents duly appointed in this regard or authorize HIVHUB to collect/remit payment on their behalf. The Users agree and acknowledge that it shall not hold HIVHUB 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 HIVHUB.
Users have multiple payment methods – Credit Card/Debit Card/Net banking/Third party Wallets and COD. It is at the sole discretion of HIVHUB whether to continue/discontinue any kind of payment method.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
You understand, accept and agree that the payment facility provided by HIVHUB is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, HIVHUB is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
All payments made against the services on HIVHUB by you shall be compulsorily in Indian Rupees. The Website will not facilitate transaction with respect to any other form of currency with respect to the transactions made on Website.
Credit/Debit Card and Net Banking Payments are processed via our online payment service partners. Please check Our Privacy Policy on how HIVHUB uses the confidential information provided by Users.
We provide link or incorporate SDKs of third-party websites, our online payment service partners, which process your Net Banking/Credit/Debit Card and Third Party Wallet payments. We are not responsible for the availability or proper functioning of such linked pages or sites or SDKs, and we will not be held responsible for any loss or inconvenience encountered as a result of using such links.
You confirm that you are the authorised holder of the credit/debit card or the original account holder for online payments made in the transactions on HIVHUB. HIVHUB will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit/debit card number/account details number for using the Website.
Return, Cancellation and Refund
All products ordered from the website and successfully delivered to user in Serviceable areas may be returned to the Seller in accordance with the terms contained in the respective Return, Cancellation and Refund policy. Products delivered to users in areas other than serviceable area are non-returnable.
Other Terms
Feedbacks and Suggestions
We appreciate feedback and suggestions from our users. However, HIVHUB reserves the right to control and monitor the posting of all feedbacks and suggestions from the user end. Once posted, the contents will be treated as “public” and we take no responsibility for any content posted by a user or any third party. We are also under no obligation, whatsoever to respond to any content posted on our site.
By continuing to use this website, you hereby grant HIVHUB and its affiliates and sub-licensee a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify and create derivative works from such materials or any part of such materials.
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