Terms and Conditions

Effective Date: 1st March 2023

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     Please read the following terms and conditions of use (the "Terms") carefully before using the Site. These Terms govern your use of the Site and constitute a legally binding agreement between you and benemence ben.

 

1. Acceptance of Terms

     By using the Site, you acknowledge and agree to these Terms. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and benemence ben (“we,” “us” or “our”), concerning your access to and use of benemence ben website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (the "Site"). The Site is owned and operated by benemence ben.
 
     You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

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2.    ELIGIBILITY
 
You should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If You are under 18 years of age who is intending to avail the services of the App should do so through Your legal guardian in accordance with applicable law. 
If You are using the App on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the App.
Benemence Ben reserves the right to refuse access to use the services offered at the website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

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3. Ownership and Copyright

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     The Site and its contents are owned by benemence ben or its licensors, and are protected by Indian and international copyright laws. You may not use, copy, reproduce, distribute, or create derivative works from any content on the Site without our prior written consent.
 

4. Use of the Site

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A- You represent and warrant that:

(a) your use of the Website will not violate any applicable law or regulation;

(b) all information that is submitted to the Company in connection with the Website is true, accurate and lawful;

(c) Your use of the Website does not breach any applicable Website policies or guidelines and will not cause injury to any person or entity. If at any time, the information provided by you is found to be false or inaccurate the Company will have the right to reject registration, cancel any or all orders, and restrict you from using the Website and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify the Company and its affiliates for all claims brought by a third party.

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B- You will use the Website for a lawful purpose only, and will not undertake any activity that is harmful to the Company or the Website or its content or otherwise not envisaged through the Website. You have a limited license to access and use the Website, solely for the purpose of availing the services, subject to these Terms.

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C- The use of the Website by you is restricted to personal use only, and you will not use any portion of this Website (including the contents on the Platform) or Services for any resale or commercial purpose.

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D- You will not do any of the following:

1. Use any engine, software, tool, agent or another mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Website;
2. Make false or malicious statements against the Product, the Website or the Company;
3. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Website or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website;
4. Introduce any trojans, viruses, any other malicious software, any bots or scrape the Website for any information;
5. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
6. Hack into or introduce malicious software of any kind onto the Website;
7. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.

E- You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Website, any information that:

1-  belongs to another person and to which You do not have any right;
2- is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
3- harms minors in any way;
4- infringes any patent, trademark, copyright or other proprietary rights;
5- violates any law for the time being in force;
6- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7- impersonates or defames another person; or
8- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource

 

5. User Content

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     You may post comments, reviews, and other content on the Site ("User Content") as long as such User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. You may not use false email addresses, impersonate any person or entity, or otherwise mislead as to the origin of User Content.

 

     By posting User Content on the Site, you grant benemence ben a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
 

6. Privacy Policy

     Your use of the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference.
 

7. Product Information

     We strive to ensure that the information on the Site is accurate and up-to-date. However, we cannot guarantee that the information is error-free or complete. We reserve the right to correct any errors or omissions and to update or change the information on the Site at any time without prior notice.

 

8. CONTRACT OF SALE

1- Listing and display of a Product by us on the Website is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on the Website by you is your offer to buy the Product(s) from us.
2- Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
3- We only accept your offer and conclude the contract of sale for a Products ordered by you, when the Product is shipped or dispatched to you and an e-mail confirmation and/or confirmation to your registered mobile number is sent stating that the Product has been shipped or dispatched (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
4- If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
5- Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Website in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
6- Please note that we dispense Products only in quantities which correspond to requirement as per the prescription.
7- All orders placed on the Website are subject to the availability of such Products, our acceptance of your offer as per the above and your continued adherence to these Terms.
8- You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.

 

9. Links to Other Websites

     The Site may contain links to third-party websites. We do not endorse or control the content of such websites and are not responsible for their content or privacy practices. Your use of such websites is at your own risk.
 

10. Disclaimer

1-  The Site is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the Site or its contents. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2- The Company is only responsible for providing you with an e-commerce website to facilitate purchase of Products or avail third party services, if you deem fit.
3- It is hereby clarified that that the manufacturers themselves are responsible for all compliances relating to the manufacturing of the Products including any labelling, mandatory declaration requirements, etc. under the applicable law. The manufacturers are liable to be compliant under the relevant provisions of applicable laws, including but not limited to the Legal Metrology Act, Drugs and Cosmetics Act, etc. and the rules made thereunder.
4-  As a means to assist the users in identifying the Products of their choice, to the extent permitted by applicable law, we provide visual representations on the Website including graphics, illustrations, photographs, images, videos, charts, screenshots, info-graphics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of accuracy of such visual representation or description of the Products.
5- All communication between you and the third-party service provider is a separate transaction between you and such third-parties. Any liability or claim arising out of such third-party services availed by you shall be between you and such third party. The Company disclaims any liability that may arise out of your communication, availment of services (including but not limited to deficiency, shortcoming, and inaccuracy) with such third parties.
6- The products and the third party services are provided to you on an “as is” basis. We do not make any representations or warranties on behalf of the products and third party services. The company does not covenant or provide any representations and warranties in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on the Website and that the services will be made available at all times.

 

11. Limitation of Liability

     We shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Site or the inability to use the Site, even if we have been advised of the possibility of such damages.

12.    MISCELLANEOUS

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1- FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

2- WAIVER

No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

3- SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

4- AMENDMENT

These Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms as available on the Website. Your relationship with the Website will be governed by the most current version of these Terms, as published on the Website.

5- OTHERS

5.1 In addition to these Terms, you will also ensure that you are in compliance with the Terms of the third parties, such as bank offers Terms, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between yourself and any such third parties.
5.2 These Terms supersede all previous oral and written Terms (if any) communicated to you by us, for the use of the Website, and the rights and liabilities with respect to any Services provided by us shall be limited to the scope of these Terms of Use.

6- GOVERNING LAW AND DISPUTE RESOLUTION

All disputes and claims arising out of these Terms in relation to any or all transactions on the Website is governed by the laws of India and shall be subject to exclusive jurisdiction of the competent courts of Vadodara city. 

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Last Updated: 7th June, 2023