TERMS & CONDITIONS

This document (“Terms”) is an electronic record created in accordance with the Information Technology Act, 2000, and the rules made under it, as amended from time to time. It is generated by a computer system and does not require any physical or digital signature.

These Terms are published in compliance with Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandate the publication of terms of use, privacy policies, and other rules for accessing or using the www.abhayhealth.com website.

By using this website, you agree to these Terms and Conditions. Please read them carefully before proceeding.

1. GENERAL

https://abhayhealth.com is an internet-based platform and online portal (hereinafter referred to as the “Website”) operated and maintained by Abhay Health Private Limited (hereinafter referred to as the “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013. The Company’s registered office is located at [Insert Registered Address], India.

For the purpose of these terms and conditions, wherever the context requires, the terms “You”, “Your”, or “User” refer to any individual or entity that accesses, uses, or subscribes to the Website, purchases products, or avails services through this platform.

The use of this Website is subject to Your acceptance of all terms, conditions, and notices included in these Terms and Conditions, along with our Privacy Policy and any other policies referenced herein or added at a later date. By continuing to use this Website, You confirm that You accept these Terms and Conditions in full, including any amendments or modifications made to them from time to time at Our sole discretion.

We reserve the right to change, update, or revise these Terms and any associated policies at any time without prior notice. Any changes made will be effective immediately upon posting on the Website, and by using the Website after such changes, You agree to comply with the revised terms. While we will make reasonable efforts to inform You of such updates, it is Your responsibility to review the Terms periodically to remain informed about the conditions governing Your use of the Website.

By accessing this Website, browsing through its contents, or availing any of the products or services offered, You agree to be bound by these Terms, as well as the Privacy Policy and any additional guidelines, rules, or policies applicable under relevant laws of India. These policies and guidelines are considered an integral part of these Terms.

Our services are designed and operated in accordance with Indian laws. The Company is not responsible for fulfilling orders or providing services outside India. Users accessing the Website from international locations do so at their own risk and are responsible for complying with the laws applicable in their respective jurisdictions.

The Company reserves the right to engage third-party service providers for certain functions or services offered on the Website. By using the Website, You authorize the Company to act on Your behalf for necessary transactions with third parties for completing Your requests. Please note that if You interact with or utilize any third-party services through the Website, additional terms and privacy policies from those third parties may apply.

By i) Accessing or browsing the Website, ii) Using any features, products, or services provided by the Website; or iii) Interacting with content on the Website in any manner, You acknowledge that You have read, understood, and agreed to be bound by these Terms and all applicable policies referenced here. If You do not agree with any part of these Terms, You are advised to discontinue use of the Website immediately.

The Website and its services are available for personal and non-commercial use only. You may not use the Website for illegal or unauthorized purposes, including:

• Misrepresenting Your identity or providing false information.
• Attempting to gain unauthorized access to Our systems or data.
• Transmitting viruses, malware, or any harmful content.

Violation of these Terms may result in the termination of Your access to the Website, as well as legal action where applicable.

Our Website may contain links to third-party websites or services for Your convenience. These links are provided solely for informational purposes, and the inclusion of such links does not imply endorsement or responsibility for the content, services, or privacy practices of third-party websites.

If You engage with any third-party services or purchase their products, You are subject to the terms and conditions of those third parties, and We are not liable for any issues arising from such transactions.

2. PRODUCTS AND SERVICES

The website https://abhayhealth.com/ serves as a platform that allows users to browse and requisition health and wellness products, including medicines, through registered third-party providers (referred to as “third parties,” which may include but are not limited to retail pharmacies, diagnostic labs, and other health service providers). The sale, purchase, or transaction between the third parties and the users, facilitated by their interaction with the website, is governed by these Terms. Abhay Health does not participate in or control any transaction between you and the third parties except as specified in these Terms.

Abhay Health is a technology intermediary that facilitates access to pharmaceutical and health-related products, including prescription and over-the-counter (OTC) medications, nutraceuticals, and wellness products offered by third-party retail pharmacies (“Retail Pharmacies”).

The platform is designed to provide hosting and technical services to its users. All items listed for sale, along with descriptions, images, and related content, are generated by these third-party Retail Pharmacies. Abhay Health does not originate, edit, or influence this content, nor does it claim any ownership over the information provided by third parties. The accuracy, authenticity, and reliability of the products and services listed by these Retail Pharmacies are solely their responsibility.

Abhay Health does not represent or warrant the legal title of the goods and services offered by Retail Pharmacies. Any ownership, rights, or interests in the products remain solely with the Retail Pharmacy offering them, and Abhay Health holds no obligations or liabilities regarding any transaction conducted on the website.

i) Responsibilities and Limitations

• Delayed or Non-Performance: Abhay Health is not liable for any delay, failure, or breach of contract by third parties concerning the sale or purchase of products or services listed on the platform.
• Availability Issues: The company does not guarantee the availability of products or services shown on the website. Retail Pharmacies are responsible for maintaining the accuracy of stock information. Abhay Health will not be held accountable if products are unavailable after the order has been placed.

ii) Third-Party ContentThe information displayed on the website, such as drug catalogues, product descriptions, and services provided by Retail Pharmacies, is entirely third-party content. This content is presented for informational purposes only and does not constitute:

• Advertisement or promotion of any product or service.
• Professional medical advice, diagnosis, or treatment recommendations.

Users must verify the information independently and consult with a healthcare professional when making decisions based on the content displayed.

iii) Accuracy and Ranking of Content

Abhay Health does not guarantee the accuracy or authenticity of the information provided by third parties. The ranking of products and services displayed on the website is determined by feedback and ratings collected from users. These rankings are not influenced or controlled by Abhay Health, and the company is not liable for any inaccuracies in this data.

If you notice any incorrect or misleading information related to products, services, or third-party providers, you are encouraged to contact Abhay Health for correction. However, the company will not be responsible for any damage or losses resulting from inaccurate third-party content.

iv) No Guarantee or Warranty

Abhay Health does not guarantee:

• The performance or completion of any transaction by Retail Pharmacies.
• The authenticity, reliability, or condition of products listed on the website.
• The accuracy of any product or service information displayed.

Users are advised to exercise caution and conduct independent verification before relying on any product or service offered through the platform.

v) Content Usage and Corrections

If any incorrect or misleading information is discovered on the website, users or Retail Pharmacies can report it to Abhay Health. The company will make reasonable efforts to address and correct the issue promptly. However, Abhay Health will not be held liable for errors, omissions, or damages arising from incorrect third-party content.

Abhay Health serves only as a facilitator, providing a platform for users to connect with third-party Retail Pharmacies. The platform does not endorse or assume responsibility for the quality, legality, or safety of the products and services listed.

By using this website, you acknowledge and agree that:

• All transactions are solely between you and the respective third parties.
• Abhay Health’s role is limited to hosting and facilitating access to these products and services.
• You will independently verify any product information before making a purchase.

If you have any concerns or questions, you can reach out to our support team for further clarification.

vi) Prescription Medicines

To purchase prescription drugs or pharmaceutical products through Abhay Health, you are required to upload a valid prescription via our platform. By submitting a prescription, you grant us consent to process your personal and health-related information contained within the prescription solely for fulfilling your order and other purposes mentioned in our Terms and Privacy Policy.

If you are submitting a prescription on behalf of someone else, you confirm that you have the authority to act on their behalf and provide the required information and consent. Please note that invoices for the products will be issued in the name of the individual mentioned in the prescription.

Prescription medications will only be dispensed in quantities as specified in the uploaded prescription, as per the guidelines of the dispensing pharmacies. All prescriptions uploaded will be verified by our associated pharmacies. If any discrepancies or issues arise during verification, the concerned pharmacy reserves the right to cancel the order. Please note that the delivery process is handled by third-party logistics or the pharmacy itself, and Abhay Health is not responsible for any delays that may occur during delivery. 

vii) Alternative Medicines for Prescriptions

You acknowledge that, under Indian law, orders for an alternative to a prescribed medicine can only be processed under the following conditions:

1. A registered medical practitioner has authorized or approved the substitution of a prescribed medication with a generic equivalent that has a similar or equivalent composition.
2. The prescription lists the active ingredient or salt name instead of a specific brand, and the substitution is approved by a medical practitioner.
3. You have explicitly provided your consent for the substitution of the prescribed drug.

In case your prescription is invalid or the prescribed drug is unavailable:

1. You may opt for an online teleconsultation with a registered medical practitioner through our partner network. This practitioner may provide an updated prescription for an alternate drug, replacing the original prescription.
2. Alternatively, a licensed pharmacist may contact you via your registered mobile number to discuss an alternative medication. This alternative will be confirmed and approved by a registered medical practitioner associated with our platform.

If an alternative medication is dispensed, a new prescription for the substituted product will be made available to you upon request. Please note that all substitutions or alternative medicines are provided only after obtaining your explicit consent.

All teleconsultations or interactions with registered medical practitioners and pharmacists conducted through our platform are securely recorded for quality assurance, compliance with applicable laws, and monitoring purposes. These recordings are stored in compliance with our Privacy Policy, ensuring that your personal information is handled with care and confidentiality.

viii) Invitation to Offer for Sale

The listing of pharmaceutical products on Abhay Health is to be understood as an “invitation to offer for sale” rather than a definitive “offer for sale.”

When you place an order, it is considered an offer to enter into a transaction with the dispensing pharmacy associated with Abhay Health. The acceptance of this offer is subject to prescription verification (where applicable) and stock availability at the pharmacy.

In case your order cannot be fulfilled, you will be notified via email, SMS, or a phone call. Any mention of the term “offer” on the platform is to be interpreted only as an invitation for you to make an offer to purchase the listed products or services.

ix) Completion of Sale and Transfer of Ownership

Once your prescription is validated and the order is accepted by the pharmacy, the medicines will be dispensed under the direct supervision of a licensed pharmacist, as per applicable regulations.

You agree and acknowledge that the ownership and title of the purchased products will transfer to you at the time they are dispensed and an invoice is generated by the pharmacy. The sale is considered completed at the pharmacy, even if the products are being delivered to you at a different location.

Invoices for prescription and over-the-counter drugs will be issued directly by the dispensing pharmacy.

x) Delivery of Medicines

The medicines you order will be delivered either by the dispensing pharmacies themselves or by independent delivery personnel. Please note the following:

1. Delivery personnel act as your authorized agent to collect medicines from the pharmacy and deliver them to your provided address.
2. The role of Abhay Health is limited to facilitating this process, and the company does not have direct control over the medicines or their handling during delivery.

You accept and acknowledge that the delivery personnel are responsible for ensuring timely and safe delivery. However, Abhay Health holds no responsibility for delays or issues arising during the delivery process.

xi) Diagnostic Services

Abhay Health offers a platform where users can connect with third-party laboratories (“Labs”) to avail themselves of diagnostic tests or health checkup packages. These services are facilitated through the Website, either via (i) third-party tabs or (ii) the dedicated Abhay Labs section. The Labs, which are independently operated, are solely responsible for the provision of these services, including sample collection, testing, generating reports, and other associated activities.

Abhay Health acts only as a facilitator, providing a platform for users to access these services. We do not perform or oversee any diagnostic services directly, nor are we liable for the quality, accuracy, or completion of the services offered by the Labs. Users and Labs are responsible for ensuring compliance with applicable laws and regulations while using the Website for their respective purposes.

The relationship and interactions between the Users and the Labs, including any disputes or grievances, are solely between them, and Abhay Health will not be held accountable in such matters. While we strive to ensure accuracy in the information presented on our Website, we cannot guarantee the correctness or completeness of any details provided by Labs or Users. In case of any errors or inaccuracies, Users or Labs are encouraged to reach out to us for rectification.

Abhay Health reserves the right to edit, modify, or remove any information related to Labs to enhance the user experience or to comply with regulatory requirements. Additionally, we may suspend access to the Website for Labs or Users found in violation of these terms or for any other reason deemed appropriate during investigations.

xii) Online Doctor Consultation

Abhay Health facilitates access to online consultation services with registered medical practitioners (RMPs) through third-party providers. These services allow Users to connect with qualified doctors (“Your Doctor” or “Your Healthcare Provider”) for medical advice, but it is important to note that Abhay Health does not directly offer teleconsultation or medical consultation services.

The doctors providing consultation are independent professionals associated with third-party service providers and not employees or affiliates of Abhay Health. By using these services, Users acknowledge that all consultations are offered based on their explicit or implied consent, and any engagement with third-party doctors is entirely at the User’s own risk.

While the Website provides content such as articles, blogs, tips, and other resources for general informational purposes, these materials should not replace professional medical advice or treatment. Always consult a licensed healthcare provider for personal medical concerns.

In case of emergencies, Users must immediately contact their nearest hospital or emergency services and not rely on the Website for urgent or critical care. Abhay Health is not liable for any delays, inaccuracies, or errors in the consultation process.

Any prescriptions issued during an online consultation will comply with Indian laws. However, if a prescription does not meet the criteria of a valid prescription, it cannot be used for purchasing medications. Users are advised to verify prescriptions with their healthcare providers before proceeding.

Abhay Health ensures the protection of User data in compliance with applicable laws. However, we cannot guarantee uninterrupted or error-free services, and Users are encouraged to report any concerns or grievances related to third-party doctors or services.

xiii) Patient Support Program (PSP)

Abhay Health offers personalized health management services through its Patient Support Program (PSP). This program is designed to help users manage specific health conditions or diseases with the guidance of professionals such as registered medical practitioners, nutritionists, psychologists, fitness coaches, and other specialists (“Professionals”).

The goal of the PSP is to provide holistic support for health and wellness, which may include:

• Diagnostic testing
• Counselling sessions
• Teleconsultations
• Personalized plans from nutritionists, psychologists, and fitness experts

The advice and consultations provided through the PSP are for guidance purposes only and are not a replacement for direct consultations with a physician. Users are encouraged to verify all guidance received with their regular doctor.

Abhay Health acts as an intermediary, connecting Users with Professionals based on the information provided. However, we do not endorse or recommend any specific tests, treatments, or Professionals, and the accuracy or quality of their services is the sole responsibility of the Professionals themselves.

Users may interact with Professionals via various modes, including calls, chats, emails, or SMS. These interactions may be recorded for quality control and compliance with applicable laws. Consent for recording these exchanges will be explicitly obtained from Users before participation in the program. Users who choose not to share the required information may be restricted from availing specific services under the PSP.

All information collected during the PSP is handled securely as per the terms of our Privacy Policy. This includes any personal data, medical history, or sensitive health-related information shared during consultations. Users are encouraged to read the Privacy Policy for details on data storage, protection, and usage.

xiv) Important Notes and Disclaimers

1. Third-Party Responsibility: Any consultations, advice, or services provided by third-party Labs, doctors, or Professionals are independent of Abhay Health. Users acknowledge that reliance on such services is entirely at their own discretion and risk.
2. No Guarantees: Abhay Health does not guarantee the accuracy, reliability, or completeness of any third-party services or the outcomes of consultations.
3. User Accountability: Users are responsible for ensuring the accuracy of the information they provide while using the services. Abhay Health will not validate or verify any such information.
4. Non-Emergency Use: The Website and its services are not suitable for emergencies or critical medical situations. Users should seek immediate medical attention in such cases.

3. ELIGIBILITY TO USE THE WEBSITE

The use of the website www.abhayhealth.com is restricted to individuals who are capable of entering into legally binding contracts as per the Indian Contract Act, 1872. This means that if you are considered “incompetent to contract,” such as minors or un-discharged insolvents, are not eligible to use our services. Additionally, users who have been suspended or removed from the website’s system for any reason will also not be eligible to access the website or make purchases.

If you are not eligible under the terms outlined above, you will not be permitted to place an order or access the services available on this website. By accessing and using Abhay Health, you confirm that you are of legal age, meaning at least 18 years old, and capable of forming a legally binding contract. You further acknowledge that you are not someone who is restricted from entering into such a contract under Indian law.

If you are under the age of 18, you may still access and use the website’s services, but only through the involvement of your legal guardian. Any transactions or actions taken on your behalf must be in accordance with the applicable laws. Abhay Health reserves the right to terminate your account or access to the website if it is found that you are under 18 years of age, or if it is otherwise discovered that you are not eligible to use the services as outlined above.

Furthermore, each user is allowed only one active account on the website. You are prohibited from creating multiple accounts or engaging in the sale, trade, or transfer of your account to any other individual or party. Violations of this policy may result in account suspension or termination.

Abhay Health reserves the right to refuse or restrict access to the website and its services at any time, for any reason, and without providing any prior notice or explanation. If your access is restricted or terminated, you agree that you will not object to this action.

This policy is in place to ensure that all users of the website are in compliance with the legal requirements, and to provide a secure and fair environment for all.

4. USER ACCOUNT, PASSWORD AND SECURITY

At Abhay Health, we provide access to our products and services through our website only if you create an account with us. To register, you will need to provide essential details such as your name, email address, phone number, delivery address, gender, age, password, payment details, and other required information (“Account Information”). You can create an account using your Abhay Health login credentials or by linking to an existing email or social media account, such as Facebook, Gmail, Yahoo, or any other valid email ID. These details help us process your orders and deliver the products and services you request.

The use of our website and the transactions processed through it may be subject to additional terms, conditions, guidelines, and notices provided by registered merchants or third-party vendors. If any conflict arises between these terms and the additional terms, the additional terms will take precedence with respect to the services provided.

Creating an account on Abhay Health is necessary for accessing the full range of services offered on our website. You are solely responsible for maintaining the confidentiality of your account details, including your login credentials and password. This means you are fully accountable for any activities that take place under your account, whether authorized or unauthorized.

You agree to:
(a) Immediately notify Abhay Health if you suspect any unauthorized use of your account or if there’s any breach of security involving your account information. You also agree to comply with all relevant guidelines, regulations, and laws, including but not limited to applicable health and privacy regulations.
(b) Always log out of your account at the end of each session to prevent unauthorized access.

Abhay Health will not be liable for any loss, damage, or issues resulting from your failure to follow these guidelines and maintain the security of your account. You may be held responsible for any losses incurred by us or other users due to unauthorized access or misuse of your account.

Our website allows for restricted access for users who are not registered, but full access to the services is only available to registered users. You must ensure that all the information you provide during registration is accurate, complete, and up-to-date. If any of your details change, you are responsible for updating your account information.

Using another person’s account information to access our services is strictly prohibited. If we discover that any information you provide is false, outdated, or incomplete, or if we have reasonable grounds to believe this is the case, we reserve the right to suspend or terminate your account. We may also deny you access to certain services if we believe your account information is inaccurate or fraudulent.

By registering, you confirm that you are the authorized holder of the payment methods (such as credit cards or other financial accounts) used during your transactions on Abhay Health. We will not be held liable for any financial loss, inconvenience, or distress caused by the misuse of your account or payment details, including any unauthorized transactions made through your account.

Our website uses temporary cookies to store certain information that is not personally identifiable. This helps with technical administration, website maintenance, and improving the user experience. We may also use cookies for advertising purposes or to optimize services offered to you. These cookies are used by authorized third parties to deliver targeted ads and analyse traffic to our site. However, we do not store any personally identifiable information within these cookies.

5. PRICING INFORMATION AND PAYMENT

At Abhay Health, we aim to provide you with the best possible prices on health-related products and services through our online platform. The pricing information for products available on our website is outlined below, and by using our services, you agree to the terms mentioned here.

i) Pricing and Payment Terms

• Product Pricing: The prices of the products listed on our website are subject to change and may vary based on factors such as stock availability, promotions, or any special offers. Prices are clearly mentioned on the product pages, and any applicable taxes, delivery charges, or additional costs will be added at the checkout stage.
• Principal-to-Principal Agreement: You acknowledge that the transaction for the purchase of products from our website is a principal-to-principal agreement between you (the User) and the third-party vendors supplying the products. Abhay Health acts as an intermediary in this relationship. While we facilitate your order, we do not control or bear any responsibility for the products or services provided by the third-party vendors.
• Completion of Purchase: By placing an order, you are entering into a legally binding contract to purchase the specified products or services from the respective third-party vendor. The payment for the order can be made through various available methods such as cash on delivery (COD) or any other mode specified at checkout.
• Prescription Requirements: For certain products, such as medicines or health-related products that legally require a prescription, you are required to submit a valid prescription from a licensed medical practitioner at the time of delivery. Delivery will only be processed if the vendor or their representative verifies that the prescription is valid and in accordance with relevant regulations.
• Delivery and Notification:
  • Upon successful delivery or non-delivery of your order, it is your responsibility to notify Abhay Health using the website’s provided features.
  • If you do not report any issues regarding delivery or non-delivery within the specified time period, it will be considered that the order has been successfully delivered.
  • Abhay Health encourages you to check the contents of your package upon receipt to ensure that everything is correct and as expected.
• Refunds and Returns:
  • In the event that your order is not processed, is incorrect, or you are dissatisfied with the product, you are entitled to request a refund in accordance with our Refund and Return Policy.
  • Refunds are processed in Indian Rupees (INR) and will be equivalent to the total transaction price or part of it.
  • Refund requests must adhere to the return policies, including timeframes and product condition requirements.
• Order Rejection: Abhay Health reserves the right to reject or cancel any order from a user with a history of questionable payment practices, such as fraud, chargebacks, or violations of our terms and conditions. We also reserve the right to refuse orders from users who have previously breached any agreement with us or who have been involved in any disruptive activities.

ii) Third-Party Disclaimer

You agree that Abhay Health is a facilitator, acting as an intermediary between you and the third-party service providers. We do not control, monitor, or guarantee the quality, authenticity, or safety of the products or services provided by these third parties.

Additionally, Abhay Health is not responsible for ensuring the completion of any transactions or resolving any disputes arising between you and the third parties. It is your responsibility to engage directly with the third-party vendor for any issues related to the product or service you have purchased.

iii) Payment Methods

To process payments for your orders, Abhay Health supports a variety of payment methods, which are facilitated through trusted banks, payment gateways, and third-party payment aggregators. Please review the available options at checkout. Payments can be made using the following methods:

• Credit/Debit Cards: Visa, MasterCard, RuPay, and Maestro cards
• Online Wallets: Google Pay, Paytm, Amazon Pay, PhonePe, MobiKwik, Airtel Money, OlaMoney, and more
• Net Banking: Direct payments from your bank account via online banking
• Cash on Delivery (COD): For offline payments, you can opt for cash payment when the product is delivered

Payments for any services, such as subscriptions, are also processed online through these payment gateways.

Note: The availability of payment methods may vary based on your location and are subject to changes as per the company’s discretion.

iv) Security Measures

We understand the importance of securing your financial information. All online payments on our website are processed using secure API integrations. For additional details on how we protect your information, please refer to our Privacy Policy.

While we take reasonable precautions to ensure secure transactions, Abhay Health is not responsible for any financial losses, damages, or unauthorized activities that may arise during the payment process through third-party payment gateways, banks, or aggregators. These third-party service providers operate independently and are beyond the control of Abhay Health.

v) Taxes and Legal Compliance

• Taxes: The prices listed on our website do not include applicable taxes. You, as the User, are responsible for paying any taxes or fees that may apply to your purchase. These taxes will be clearly shown at checkout based on your location.
• Legal Compliance: Users and third-party service providers are responsible for ensuring they comply with all relevant legal, regulatory, and statutory requirements, including any applicable taxes and reporting obligations. Abhay Health is only responsible for its own taxes and obligations.

vi) Modification of Fees and Charges

Abhay Health reserves the right to modify or change the fee structure, including subscription charges and payment processing fees. These modifications will be updated on the website, and such changes will be considered effective as soon as they are posted.

vii) Payment Issues and Network Disruptions

In the event of network issues, breakdowns, or disruptions that affect the payment process, Abhay Health is not liable for any missed, delayed, or lost transactions. While we strive to ensure smooth transaction processing, we cannot guarantee that all transactions will be processed without issue. However, we will make every effort to resolve any problems promptly and to the best of our ability.

viii) Disputes and Claims

Any disputes arising from the use of the website or services, including issues related to third-party providers, must be resolved directly between you and the respective third parties (banks, payment gateways, vendors, etc.). Abhay Health is not responsible for resolving disputes or handling claims related to transactions made through third-party providers.

6. USER OBLIGATIONS

By using Abhay Health’s website and services, you are granted a personal, non-transferable, and limited right to access and use the website and services, subject to these Terms and Conditions. This access is only available for lawful purposes and must align with the guidelines set forth here. You agree to use the website and services only for legitimate purposes, including those that comply with applicable laws and regulations, as well as any best practices and industry guidelines in the relevant jurisdiction.

You are expected to respect all limits on sharing, using, and reproducing any materials you access on the website, such as product catalogs or other informational content. Unauthorized access to or use of our website and services through any means other than the provided interface is prohibited. This includes, but is not limited to, the use of automated tools like data scrapers, robots, spiders, deep-links, or any similar methods designed to extract or interact with the website’s content and services.

We ask that you do not engage in any activity that interferes with the normal operation of the website or the systems behind it. You are prohibited from using any automated device or software to gather, copy, or monitor any part of the website or its content, as well as attempting to bypass the website’s navigation structure.

While using the website, you may come across content posted by other users that could be offensive, inappropriate, or otherwise objectionable. Abhay Health is not responsible for the content uploaded by users. However, if you find offensive content, we encourage you to report it using the prescribed methods on the website.

If you upload, post, or share any material on the website, you must ensure that it complies with the applicable laws and these Terms. You must not upload any content that:

• Belongs to another individual or entity without proper authorization.
• Is offensive, obscene, or harassing, or that violates the privacy of others, including content that is pornographic, invasive, defamatory, discriminatory, or harmful to minors.
• Promotes or engages in illegal activities, such as money laundering or gambling.
• Violates any intellectual property rights, including patents, trademarks, or copyrights.
• Contains misleading information, defamation, or any content that could harm individuals or entities.
• Threatens or harms national security, or promotes violence or harm to individuals or groups.
• Is harmful to public health, safety, or general welfare.
• Harasses, abuses, or defames others or impersonates others to deceive, mislead, or otherwise harm others.
• Uploads files that contain harmful software, such as viruses or corrupted files, that could damage the operation of the website or others’ devices.
• Interferes with the smooth functioning of the website or services or disrupts other users’ experiences.

You are also prohibited from attempting to:

• Gain unauthorized access to the website, services, systems, or networks connected to Abhay Health.
• Engage in hacking, password mining, or exploiting vulnerabilities in the system or website.
• Circumvent security measures or interfere with the performance of the website or services.
• Collect, store, or use personal data of other users in ways that violate these Terms or applicable laws.

i) Monitoring and Enforcement

We do not have an obligation to actively monitor the content you post or share on the website, but we reserve the right to review and remove content that violates our Terms at our sole discretion. If any content you post is found to be objectionable or in violation of our Terms, Abhay Health may remove it, and your access to our services may be suspended or terminated.

In cases where there are concerns about illegal or harmful content, we will cooperate with relevant authorities and may disclose information as required by law. We reserve the right to suspend or permanently ban any user who violates these Terms.

ii) Use of the Website

The website and its content are intended for your personal, non-commercial use. You agree not to:

• Use the website in any way that violates applicable laws, regulations, or these Terms.
• Conduct or participate in any surveys, contests, chain letters, or pyramid schemes on the website.
• Download or share files that violate the intellectual property rights of others or that you know cannot be legally distributed.
• Engage in practices or actions that could harm the website, our services, or other users.
• Reverse-engineer, modify, copy, distribute, or transmit any content from the website for any unlawful or unauthorized purpose.

You are solely responsible for any actions or violations of these Terms resulting from your use of the website. We are not responsible for any consequences of your actions, including any harm to Abhay Health or third parties caused by your misuse of the website.

iii) Privacy and Security

By using our website and services, you acknowledge that any exchanges between you and the third-party medical professionals may be monitored and reviewed by Abhay Health for quality assurance purposes. These exchanges are conducted via secured, recorded lines to ensure the protection of your information and to maintain high standards of service.

You agree that all personal data shared with Abhay Health through the website will be handled in accordance with our Privacy Policy, and you consent to such data collection, storage, and use in line with the policy.

iv) Compliance and Legal Obligations

You are required to comply with all applicable laws, including local laws within India or any other jurisdiction from which you access or use our website. Unauthorized access, misuse, or other illegal activities are not tolerated. You agree to indemnify and hold harmless Abhay Health from any legal actions or damages arising from your breach of these Terms.

Additionally, any breach of these Terms could lead to a loss of access to our website or services. We may modify, suspend, or discontinue all or part of our website or services at any time and for any reason.

v) Changes to the Terms

Abhay Health reserves the right to update or modify these Terms and Conditions at any time, without prior notice. Any changes will take effect immediately upon posting on this page. We encourage you to review this page periodically to stay informed about any updates. Continued use of the website after any such changes will be considered acceptance of the updated Terms.

vi) Notice and Takedown

At Abhay Health, we are committed to maintaining a safe, respectful, and lawful online environment. If you come across any content on our website that you believe is defamatory, obscene, offensive, illegal, or harmful, we encourage you to let us know immediately. This includes content that is:

• Defamatory, obscene, or sexually explicit
• Promoting hate, bigotry, or violence
• Abusive, harassing, or invasive of privacy
• Discriminatory or insulting based on gender, race, ethnicity, or other factors
• Encouraging illegal activities like money laundering or gambling
• Damaging to minors in any way
• Impersonating someone else
• Threatening national unity, security, or relations with other countries
• Containing harmful software or viruses
• Violating any part of these Terms and Conditions

If you find any such content, please notify us immediately at care@abhayhealth.com. Upon receiving your complaint, we will make every reasonable effort to remove or address the objectionable content within a reasonable timeframe.

vii) Risks Associated with Abhay Health Services

By using our services, you acknowledge and agree to the terms outlined in this document, our Privacy Policy, and any other related company policies. It’s important to understand the limitations of the services provided by Abhay Health and our third-party healthcare professionals.

1. Online Consultation Limitations
   Our third-party registered medical practitioners provide advice and opinions based on the information you share with them. However, they will not conduct a physical examination, which means they may not have access to your full medical history or physical condition. This could affect the accuracy or completeness of their diagnosis.
2. Difference from Traditional Medical Services
   The services provided by Abhay Health differ from traditional in-person consultations with physicians. As a result, our healthcare professionals may not be aware of crucial information that could influence their diagnosis, since they cannot physically examine you or observe your medical history first-hand.
3. Limited and Provisional Advice
   When seeking medical advice through Abhay Health, please understand that the opinions or advice you receive may be provisional, based on the information you provide. The opinion is not intended to replace a face-to-face consultation with a healthcare provider or establish a doctor-patient relationship.
4. Responsibility for Treatment Decisions
   If there is a difference of opinion between our third-party medical professionals and your primary healthcare provider, you will be responsible for deciding how to proceed. You may choose to seek further consultations, either online or offline, based on the advice received.
5. Accuracy of Information Provided
   The medical professionals rely on the accuracy of the information you provide. If the information provided is found to be misleading, incomplete, or falsified, any opinions or advice given may be considered null and void.
6. Request for Additional Information
   In some cases, the healthcare professionals may request more detailed information to provide a complete consultation. If the information you provide is insufficient, the professional may refuse to proceed with the consultation.
7. Physical Examination Requirement
   In certain cases, our third-party registered medical practitioners may determine that a physical examination is necessary to offer a proper diagnosis or answer your query. If this is the case, the consultation may be refused.
8. Privacy and Security Risks
   Although we implement strong security measures, there may be rare instances where security protocols fail, leading to potential breaches of your personal and medical information. While we take every precaution to prevent such breaches, we cannot guarantee absolute security.
9. Delays in Service
   Occasionally, there may be delays in medical evaluations or responses due to technical issues, service interruptions, or other factors beyond our control. We aim to address these issues promptly but cannot guarantee immediate resolution in all cases.

By requesting and utilizing the services provided through Abhay Health, you acknowledge these limitations and agree to use the services at your own risk, understanding that these consultations are supplementary and should not replace in-person medical evaluations when necessary.

USE OF MATERIALS

Abhay Health grants you a personal, non-exclusive, non-transferable, and revocable license to view, download, and print product catalogues and other materials available on our website, subject to the following conditions:

• You may access and use these materials only for personal, informational, and internal purposes in accordance with these Terms.
• You may not modify, alter, or make any changes to the content, including product catalogues, images, or other materials available on our website.
• You may not distribute, sell, rent, lease, license, or otherwise share any of the materials available on our website with others for any purpose.
• You may not remove or alter any text, copyright notices, or other proprietary information included in the materials available on our website.

The limited rights granted to you for accessing and using the materials do not give you any rights over the website’s design, layout, or look and feel. These elements are protected by intellectual property rights and may not be copied, imitated, or used in whole or in part without our express written consent. Additionally, any software provided on the website is the property of Abhay Health or its third-party licensors. You may not download, use, or install any software from the website unless explicitly permitted by these Terms or granted specific permission by Abhay Health.

Products or services purchased from the website are solely for personal use. You agree that you will not sell, resell, trade, or use the products for any commercial or profit-making purposes. You acknowledge that any products or services purchased are for personal use only and are non-transferable to third parties for any form of profit.

8. USAGE CONDUCT

As a user of our website, you are responsible for maintaining the necessary computer equipment and internet connection to access and use the website and complete transactions.

You agree to use the website solely for lawful and reasonable purposes. You shall not engage in activities that disrupt, damage, or otherwise interfere with the functioning of the website. Additionally, you agree to use the website, including any coupons or vouchers purchased, for personal, non-commercial use only. You are prohibited from reselling or distributing any purchased items to others.

If you subscribe to any services or purchase medicines on our website, you agree to use the prescriptions exclusively for ordering through our platform. You should not use the same prescription for purchases from other retailers unless, for any reason, the medicines are not available through our website’s third-party partners.

9. INTELLECTUAL PROPERTY RIGHTS

The content on the website, including all text, graphics, user interfaces, visual elements, sounds, music, artwork, and computer code (collectively referred to as “Content”) is owned and controlled by Abhay Health. The design, structure, selection, and arrangement of such content are protected by copyright, patent, trademark, and other intellectual property laws.

All trademarks, logos, and service marks displayed on our website (“Marks”) are the property of Abhay Health, our partners, or third parties. You are not permitted to use any Marks without prior written consent from Abhay Health or the respective third-party owners.

Unless otherwise indicated, Abhay Health owns all intellectual property rights to the website, including but not limited to copyrights, trademarks, patents, designs, trade secrets, and source code. This includes our domain name “www.abhayhealth.com,” the trademark “Abhay Health,” and all associated content, databases, graphics, text, hyperlinks, and other proprietary elements.

You acknowledge and agree that you shall not copy, republish, post, display, distribute, transmit, reproduce, or use any of the Content on the website without obtaining prior written authorization from Abhay Health or the relevant third-party owner of such content.

10. RETURN, REFUND, CANCELLATION, AND SHIPPING CHARGES

Abhay Health offers a return and refund policy on products and services purchased through our website. These returns, refunds, and cancellations are subject to the terms outlined in our Return and Refund Policy, which is an integral part of these Terms and Conditions.

Before initiating a return or refund, we encourage you to carefully review our Return and Refund Policy for specific details regarding the eligibility, process, and conditions under which returns and refunds may be granted. In certain cases, shipping charges may apply, and the buyer may be responsible for those costs as specified in the policy.

For more information regarding returns, cancellations, or shipping charges, please visit our Return and Refund Policy page, where you can find the complete guidelines and procedures.

11. ADVERTISEMENTS

As part of the services provided by Abhay Health, we may display advertisements from third-party advertisers (“Third-Party Advertisers”) on our website.

For Users:
We ensure that the difference between editorial content and advertisements is clearly visible. Content created by Third-Party Advertisers is not subject to our editorial standards or policies but must still comply with all applicable laws, including those outlined in these terms and our Privacy Policy.

For Third-Party Advertisers:
Advertisements must be accurate and truthful. We do not allow advertisements that mislead users or create unrealistic expectations. Advertisements must meet high standards of honesty and responsibility, ensuring consumer protection is not compromised.

Abhay Health reserves the right to modify, update, or remove any advertisements at its discretion. We also reserve the right to request changes to advertisements to ensure that they meet our guidelines. Third-Party Advertisers must comply with all relevant laws and regulations applicable in India or any other region where their ads are shown.

We are not responsible for any liability arising from third-party advertisements.

12. EDITORIAL POLICY

The content provided on our website is for informational purposes only. The editorial content does not constitute professional medical advice, diagnosis, or treatment recommendations. Users are encouraged to consult healthcare professionals before making any health-related decisions.

13. DISCLAIMER OF WARRANTIES AND LIABILITIES

To the fullest extent permitted by applicable law, Abhay Health offers its website and services on an “as is” basis without any warranty, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Specifically, we do not guarantee that:

• The website will meet your requirements or expectations.
• The services or website will be uninterrupted, timely, secure, or error-free.
• The content, products, or services provided will be reliable, accurate, or meet your quality standards.
• Any defects or errors on the website will be corrected.

Abhay Health is not responsible for any loss or damage resulting from your use of the website, whether it’s related to errors or issues with the website, misuse of your account, or third-party content.

We also disclaim any liability related to intellectual property rights, privacy violations, defamatory content, or any other legal issues that may arise in connection with user-generated content.

While we strive to keep the website accurate and up-to-date, we do not guarantee the accuracy, completeness, or quality of any information provided. If errors occur or if the website is temporarily unavailable, Abhay Health will not be liable for any damages.

Furthermore, Abhay Health will not be held responsible for any technical issues, including unauthorized use of your account or any data loss resulting from downloading content.

We do not accept liability for third-party products or services. Any advertisements on the website or via email related to third-party services are for informational purposes only and do not reflect our endorsement or guarantee of the quality of such products or services.

By using our website, you accept the risk associated with it.

14. INDEMNITY AND LIMITATION OF LIABILITY

By using the website Abhay Health, you agree to indemnify and hold harmless Abhay Health, its affiliates, partners, employees, agents, and representatives from any claims, losses, damages, liabilities, costs, or expenses (including legal fees and related costs) arising out of or in connection with your violation of these Terms and Conditions or your use of the services provided by Abhay Health. This includes any breach or failure to perform any commitment, warranty, or obligation you have made under these terms.

Additionally, you agree to hold Abhay Health harmless against any third-party claims resulting from your use of the website, including any claims that the content you upload or interact with damages a third party, infringes on their rights, or violates applicable laws, including intellectual property rights.

Notwithstanding anything to the contrary, Abhay Health’s total liability to you shall not exceed the value of the specific product or service in question that led to the issue, whether that issue arises from contract, negligence, tort, or any other cause of action. In no event will Abhay Health, its officers, directors, or employees, be liable for any indirect, special, incidental, consequential, or punitive damages, including, but not limited to, loss of data, profits, or use, even if Abhay Health has been informed of the possibility of such damages.

You acknowledge and agree that Abhay Health does not take any responsibility for non-performance or breaches of contract entered into between users and third-party service providers. Abhay Health cannot guarantee that third-party service providers will honour any transactions initiated through this website, and is not required to mediate disputes between users and these third-party service providers. Abhay Health does not own or take possession of any products or services offered by third-party providers on the website.

In addition, Abhay Health is not responsible for any delays or failures in services due to out-of-stock products, product unavailability, or any disruptions in third-party services. These limitations and exclusions apply to the fullest extent permitted by law.

15. VIOLATION OF TERMS

You agree that Abhay Health has the right to suspend or terminate your access to the website at any time, without notice, if we determine that you have violated any of these Terms and Conditions. Any violation by you of these Terms will be considered an unfair business practice and may cause Abhay Health irreparable harm. As a result, we may pursue appropriate legal action, including seeking injunctive relief, to prevent any further violations.

If we take legal action against you due to your violation of these terms, you agree to pay all reasonable legal fees and related expenses incurred by Abhay Health. We also reserve the right to terminate your access to the website if we are required to do so by law, if you request account deletion, or due to technical issues or changes to the website.

16. TERMINATION

These Terms and Conditions are effective until terminated by either you or Abhay Health. If you wish to terminate your relationship with Abhay Health, you may do so by ceasing to use the website or by closing your account if such an option is provided.

Abhay Health may also terminate these Terms or your access to the website for various reasons, including:

• If you breach any of the provisions of these Terms, the Privacy Policy, or any other applicable agreements.
• If we are legally obligated to do so, such as in cases where providing services to you becomes unlawful.
• If continuing to provide services to you is no longer commercially viable.
• If we decide to discontinue the website or any services offered on it.

If we terminate your access, we may remove your account information, including personal data, and restrict further access to the website and services. Abhay Health is not liable for any damages resulting from the termination of your access or the deletion of your account information. Termination may occur with or without notice.

Despite termination, these Terms will survive as long as they are necessary to resolve any outstanding obligations or issues. In case of termination, Abhay Health may delete any content or data related to your use of the website.

17. GOVERNING LAW

These Terms and Conditions, along with any transactions or relationships between you and Abhay Health, shall be governed by and construed in accordance with the laws of India. Any disputes arising out of these Terms or the use of the website will be subject to the exclusive jurisdiction of the courts located in Mumbai, India.

By accessing and using the website, you consent to the jurisdiction of these courts and agree to resolve any disputes in accordance with the applicable laws.

19. REPORT ABUSE / GRIEVANCE REDRESSAL

If you come across any abusive content, violation of these Terms, or if you identify any objectionable material on our website, we encourage you to report it immediately to our customer support team.

If you have any concerns regarding these Terms or if you face any issues related to our website or services, please feel free to contact us with a detailed description of your grievance. We are committed to resolving your issue promptly.

Please direct your complaints or grievances to our Grievance Redressal Officer at:
Address: 1214, Tower A, Spaze ITech Park, Sec 49, Gurugram, Haryana, India

Phone Number: 01244568286
E-mail: info@abhayhealth.com

While we strive to resolve grievances internally, we understand that some matters may be better addressed directly with our retail partners or service providers. In such cases, we will forward your complaint to the relevant partner to ensure swift and effective resolution. Nevertheless, our Grievance Officer will remain your primary contact for all concerns related to the services provided on our platform.

20. PRIVACY POLICY

At Abhay Health, we value the privacy and security of your personal information. We collect, process, and share your data with third parties as necessary to provide, manage, and complete the delivery of the products and services you have requested.

To understand how we collect, use, and protect your personal information, please review our Privacy Policy. This document outlines the measures we take to ensure your data is handled securely.

For detailed information on how your data is processed, stored, and shared, please visit our Privacy Policy on our website.

21. COMMUNICATIONS

By using our website and services, you consent to receive communications from us, including SMS, emails, or phone calls related to the products and services offered on our platform. This consent overrides any preferences you may have set regarding the Telecom Regulatory Authority of India’s National Do Not Call or Do Not Disturb registry, in accordance with the Telecom Commercial Communications Customer Preference Regulations, 2018.

You can unsubscribe or opt-out of receiving communications from us at any time by:

• Visiting the Abhay Health website and opting out from SMS messages.
• Clicking on the unsubscribe option available at the bottom of any email communications or newsletters sent to your registered email address.

We respect your communication preferences and will make every effort to accommodate your requests.

22. GENERAL PROVISIONS

Notice: All notices or communications from Abhay Health will be sent via email or by general notifications on our website. If you need to send any notices to Abhay Health, please direct them to our customer support email address at info@abhayhealth.com.

Assignment: You are not allowed to assign or transfer these Terms, or any rights granted hereunder, to any third party. However, Abhay Health reserves the right to assign or transfer these Terms or its rights to any third party without requiring your consent.

Severability: In the event that a court of competent jurisdiction finds any provision of these Terms, or any part thereof, to be unenforceable, that provision will be enforced to the maximum extent possible to reflect the original intent. The remainder of the Terms will continue to be valid and enforceable.

Waiver: Any failure by Abhay Health to enforce or exercise any provision of these Terms, or related rights, will not be deemed a waiver of that provision or right. Failure to enforce a provision does not prevent Abhay Health from enforcing it in the future.