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Please carefully review the terms and conditions before using this online platform. By using it, you are agreeing to be legally bound by all the terms outlined here, which are incorporated by reference. If you do not agree to these terms and conditions, refrain from using the platform.
According to the Information Technology Act, 2000, this document is an electronic record and does not require any physical or digital signatures as it is generated by a computer system.
This document is published in compliance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates the publication of rules, regulations, privacy policy, and Terms of Use for accessing or using of https://www.cancersamiksha.com.
TERMS OF USE
1. Website:
1.1. The domain name https://www.cancersamiksha.com/, an internet-based platform (“Website”), is owned and operated by M/s. Universal Cancer Conquest India Pvt Ltd (UCC), a company duly incorporated under the provisions of the Companies Act, having the registered address at Flat No 5, 635/1B, Gajara Society, Bibwewadi, Pune 411037, Maharashtra, India and pharmacy located at Shop No 64 & 89, Lighthouse Kejale Nagar, Bibwewadi, Pune – 411037 (“www.cancersamiksha.com” or “We” or “Us” or “Our” or “Company” or “UCC”).
1.2. In these Terms of Use, ‘You’ or ‘User’ refers to any individual or entity visiting the Website by entering its domain name into a web browser. Even if you use services on the Website without registering, you are still bound by the terms of this agreement
1.3. In this context, ‘Doctor’ or ‘registered medical practitioners’ refers to individuals authorized to practice medicine by the Medical Council of India (MCI) or any government-authorized regional council for doctor registration, whose credentials will be verified and authenticated by us.
1.3. The Website is an online platform where you can purchase pharmaceutical products and diagnostic tests. These items may be sold directly by the Company or by third-party pharmacies, distributors, labs, and manufacturers.
1.4. Your use of the Website, any transactions conducted on it, and your use of remotely hosted or managed services through the Website, are all subject to the following terms and conditions (“Terms of Use”). These Terms of Use, along with the Privacy Policy, which are incorporated by reference, constitute a legally binding agreement governing your purchase and usage of products and services from UCC. This agreement is between You (“You” or “Your” or “Customer” or “User” or “Caregiver”) and www.cancersamiksha.com or Universal Cancer Conquest India Pvt Ltd, a fully licensed pharmacy
1.5. By using the Website, including accessing, viewing, downloading, or making transactions, you agree to abide by these Terms of Use. Your acceptance of these terms also extends to our policies such as the Privacy Policy and any other relevant rules, guidelines, or conditions as required by the laws in India and other applicable jurisdictions. If you navigate to a third-party website, you will be subject to their terms and conditions and privacy policy.
1.6. UCC / Website is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the third-party service providers.
1.7. You understand that we may automatically upgrade the Website at any time and the Terms of Use shall apply to such upgrades as well without any limitations.
2. Privacy Policy:
2.1. Your personally identifiable information will be used in accordance with our Privacy Policy. To understand our practices, as to how We collect, use and disclose Your personally identifiable information, please refer Our Privacy Policy, which also governs Your visit to the www.cancersamiksha.com Website.
2.2. We understand the privacy of all information You provide is of a primary importance. This is why We do everything possible to use it carefully and sensibly.
3. Security Policy:
3.1. All your transactions are secure when You place an order online at www.cancersamiksha.com. Your personal information is encrypted by using 256-bit Secure Sockets Layer (SSL) encryption technology before being sent over the internet, which ensures the privacy and high level of security of all Your information.
4. User Eligibility And Creating An Account:
4.1. To use certain features of the Website or availing Services or transacting in the Website, You must set up/register an account with www.cancersamiksha.com (“www.cancersamiksha.com Account” or “Account”) in accordance with the procedure established by www.cancersamiksha.com in this regard
4.2. As a part of the registration process, www.cancersamiksha.com may collect the following information from You and all of Your registration information collected in this regard are protected by our Privacy Policy.
4.3. Only the person whose details are provided for a registered User ID can use it. Sharing User IDs among multiple individuals is not allowed. However, a registered user who is also a parent or legal guardian of someone ‘incompetent to contract’, like minors or individuals with unsound minds, may use the website on behalf of such persons, provided the parent or legal guardian is competent under the Indian Contract Act 1872 and fully able to agree to and comply with the website’s Terms of Use. Organizations, companies, and businesses cannot register or use the website through individual members.
4.4.Only natural persons who are legally capable of entering into contracts under the Indian Contract Act 1872 can register for or use the website. This means only individuals who have reached the age of majority and are fully capable of understanding and complying with the website’s terms and conditions are eligible. Minors and individuals declared insolvent are not allowed to register for or use the website. By registering, accessing, or using the website, you acknowledge and confirm that you are legally capable of entering into contracts under the Indian Contract Act 1872 and have the authority to agree to and abide by the website’s terms and conditions.
4.5. Cancersamiksha.com reserves the right to suspend users, temporarily or permanently, and deny access to the website at any time while investigating complaints or suspected violations of the Terms of Use or any services. If there are reasons to believe the information provided is inaccurate or for any other valid reason, the company may suspend or terminate your account without notice.
4.6. You represent and warrant thatall the information you provide during registration is truthful and current, and you agree to keep it that way. You’ll: (i) maintain only one account, (ii) ensure that all information you provide is accurate, (iii) promptly update any changes to your account details, (iv) keep your account secure by not sharing your password and restricting access to your account and device, (v) notify www.cancersamiksha.com immediately if you suspect any security breaches, and (vi) accept responsibility for all activities carried out under your account, including the risk of unauthorized access.
4.7. By creating your account, you consent to receiving transactional and promotional messages from us through email, telephone, SMS, Whatsapp, and chat. If you decide to stop receiving these messages, you agree to inform us via email.
4.8. Your account username and password are for your use only. You cannot transfer your account to someone else, and you are responsible for all activities carried out with your account. www.cancersamiksha.com is not responsible for any losses or damages resulting from your failure to keep your account credentials confidential.
4.9. You represent and warrant that you have read and understood these terms and agree that they apply to you and anyone you represent, including heirs and personal representatives. If you are the parent, legal guardian, or authorized person for the patient mentioned, you assert that you are of legal age and have the authority to agree to these terms on behalf of the patient for www.cancersamiksha.com and/or its affiliates.
5. Communications:
5.1. By using the website, you agree to receive calls, automated or pre-recorded messages, from us at any time using the phone number you provided, as outlined in our Privacy Policy. This may include contacting you with information obtained from other sources or using the information you provided to contact others. Additionally, by using the website, whether you’ve placed orders or simply signed up, you agree to receive transactional and promotional emails, WhatsApp messages, and SMSs from us as we see fit. This includes calls for clarification and marketing purposes. If you wish to stop receiving these communications, you can email us at info@ucc.co.in.
5.2. The sharing of the information provided by You will be governed by the Privacy Policy. We will not give out Your contact information to third parties not connected with the Website/App and the services offered by it, and/or for any purpose not in furtherance of the activities and aims of the Company. Please refer to the ‘Privacy Policy’ for more information.
5.3. You may also be contacted by service providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under other agreements, contracts and policies followed by us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.
6. Prescription Medication Policy:
6.1. Universal Cancer Conquest India Pvt Ltd (www.cancersamiksha.com), a fully licensed and regulated pharmacy, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
6.2. The drug information provided in the www.cancersamiksha.com is for informative purposes only and this Website is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to You as a result of your reliance on the information on the Website.
6.3. By using the Website, you confirm that You are completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines You orders from Us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from www.cancersamiksha.com.
6.4. www.cancersamiksha.com.in will not dispense any prescription medication without a valid prescription from a doctor/registered medical practitioner.
6.5. In order to purchase any prescription products through the website, you are required to upload a scanned copy of the valid prescription issued by a doctor/registered medical practitioner. You hereby confirm that You will upload only valid prescription(s) issued by a doctor/registered medical, and this prescription shall then be subject to the scrutiny of and approval by Our qualified pharmacists.
6.6. If Our pharmacists have any questions or concerns about the prescription(s) You hereby authorize them to consult with an external network of doctors about the validity of the prescription.
6.7. You acknowledge and accept that the order for a substitute drug or medication would be processed only if the doctor/registered medical practitioner who issued the prescription himself/herself permits for any other equivalent generic drug or medication to be dispensed in place of the prescription drug or medication.
6.8. At www.cancersamiksha.com, a Caregiver, guardian or parent can order prescription medicines and such that all the Terms of Use shall be applicable to such persons without any limitations.
7. Use Of Services And Terms Of Sale:
7.1. Despite anything else mentioned in these Terms of Use, when drugs and other pharmaceutical products are listed on the Website, it’s just an invitation for you to make an offer to buy, not an actual offer for sale. When you place an order, it’s considered an offer, and we’ll only accept it after confirming the prescription and checking available stock. We reserve the right to accept or reject any order at our discretion.
7.2. You acknowledge that all drugs and medications will be provided by a registered pharmacist through www.cancersamiksha.com or its partners. If the prescribed drugs are unavailable, www.cancersamiksha.com may redirect your order to its partners or other third-party providers, and you agree to this arrangement.
7.3. Once you receive the products you’ve ordered and have paid for them, ownership of the products transfers to you. Invoices for products provided by third-party service providers will be issued by those providers, not by www.cancersamiksha.com. You understand and agree that www.cancersamiksha.com isn’t responsible for products supplied by these third-party providers.
7.4. You agree and acknowledge that the delivery of the order(s) shall be complete if it is made at the address provided by You on the Website.
7.5. www.cancersamiksha.com reserves the right to discontinue any program or offer on its Website.
7.6. www.cancersamiksha.com reserve the right, without prior notice, to limit the order quantity of any products available on its Website.
7.7. We acknowledge and You agree that You have fully and accurately disclosed your personal information and personal health information and consent to its use by the the Company and/or its affiliates.
7.8. You confirm that You have had a physical examination by a doctor/registered medical practitioner and do not require a physical examination.
7.9. If you’re the patient, parent, or authorized person acting on behalf of the patient, you give permission for www.cancersamiksha.com and/or its affiliates to act as your representative. They can take necessary steps, sign documents, and act on your behalf to (a) get a valid prescription for any medication you’ve sent to www.cancersamiksha.com, and (b) package and deliver your prescriptions and orders to you. By placing an order, you authorize www.cancersamiksha.com and/or its affiliates to ship the order to your registered address. This authorization also includes collecting and using your personal and health information as needed to fulfill your order.
Limited Use Of Information On The Website:
10.1. The information on this Website is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that You do not make medical decisions, and You should always seek the advice from qualified healthcare professional with any questions You may have about your medical condition.
10.2. www.cancersamiksha.com does not endorse any views or opinions that may be included in the Website Content, or other information provided through our Services. Your submission of questions or reviews on our products does not constitute a professional relationship between You and www.cancersamiksha.com.
11. Third Party Information:
11.1.The content on the Website, including text, graphics, images, trademarks, logos, sounds, music, and artwork, belongs to us and is referred to as “Content.” The Website may have links to or content from third-party websites not affiliated with us. We don’t control third-party user-generated content; we’re just a middleman for that content. If any third-party content infringes someone’s intellectual property, that third party is solely responsible, and we’re not liable. If you come across such content, you can report it by emailing info@ucc.co.in
11.2. Unless expressly permitted, you can’t reproduce, republish, upload, post, display, encode, translate, transmit, or distribute Our Content for any commercial purpose without our written permission..
12. User Content:
12.1. Any information or content you upload or post on the Website (referred to as “User Content”) becomes our property, and you grant us worldwide, perpetual, and transferable rights to that User Content. We can use the User Content for any purpose forever, including promotions and advertising, in any media known now or in the future. This includes creating derivative works that may use your content, and you won’t receive payment for this. You also allow us to sublicense these rights and take legal action for infringement. We reserve the right to edit or remove any material you submit to the Website or stored on our servers.
12.2. Anyone posting User Content on the Website must ensure that the details are accurate, including time, place, and nature. Before allowing content to be posted, we can verify the accuracy with the sources provided by the user. We may upload content on behalf of third parties after verifying the information if necessary. However, we’re not responsible for false or misleading information.
12.3. If any User Content is found to be unlawful in any jurisdiction where our Website can be accessed, we’ll remove it immediately upon being informed by the authorities of that jurisdiction. We’re not responsible or accountable for this action.
13. User Obligations:
13.1. You are a restricted user of this Website.
13.2. You must not cut, copy, distribute, modify, or sell any information or software from the Website without our permission. Limited use may be allowed with our prior approval. You’re not allowed to reproduce or modify the content for commercial or non-commercial purposes without permission. You also can’t make copies of the Website/App, try to copy or alter it, or create derivative works from it.
13.3. You agree to only access the Website/App and its materials or Services through the provided interface. This means you won’t use any automated tools or methods like deep-links, robots, spiders, or manual processes to access, copy, or monitor any part of the Website. You also won’t try to bypass the Website’s structure or presentation to get materials or information that aren’t specifically available through the Website.
13.4. By using the Website/App or Services, you might come across content from other users that you find offensive or objectionable. We’re not responsible for this content, but you can report it to us by emailing our official address.
13.5. This Website allows you to upload information, but you must ensure it complies with the law. You agree not to:
a. Harm others or violate their rights.
b. Disrupt access to the Website or Services.
c. Pretend to be someone else.
d. Share harmful, defamatory, obscene, or unlawful content.
e. Infringe on others’ copyrights, patents, or trademarks.
f. Share files that contain viruses or harmful software.
g. Download files illegally.
h. Attempt to breach security measures or gather others’ information.
i. Harm the Website or its networks.
j. Collect data about other users for prohibited activities.
k. Use the Website for illegal purposes.
l. Violate any specific guidelines for Services.
m. Break any laws or regulations.
n. Violate these Terms of Use.
o. Threaten national security or public order.
p. Spread false or misleading information.
q. Trade in prohibited items.
r. Cause us to lose services from our providers.
13.6. While We shall not be held liable or answerable to Users for any such acts on your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website or by Us.
13.7. We may share your information with law enforcement or government officials if we believe it’s necessary to investigate or resolve crimes, particularly those involving personal injury. We have the right to disclose any information to comply with laws or government requests, including disclosing the identity of those providing information on the Website. This could involve responding to a court order or subpoena.
13.8. We’re not obligated to monitor the content posted on the Website, but we have the right to remove or edit any content that we believe violates the law or these Terms of Use. However, you’re solely responsible for the content you post. We’re not responsible for any content posted by users or for any claims, damages, or losses resulting from such content. You confirm that you have the right to post the content you provide and that it doesn’t infringe on anyone else’s rights or contain unlawful information.
14. Disclaimer Of Warranties And Limitation Of Liability:
14.1. All information, products, and services provided on this Website by www.cancersamiksha.com are offered on an “as is” and “as available” basis. We disclaim any warranties, whether expressed or implied, to the extent permitted by law. Your use of this Website is at your own risk.
14.2. We are not responsible for any damages or viruses that may affect your computer or other property due to your use of this site.
14.3. While we make reasonable efforts to ensure the accuracy of information on the Website, errors may occur for which we are not liable. We reserve the right to change or remove any information at our discretion.
14.4. We cannot guarantee the accuracy, currency, or completeness of the content on the Website. We do not endorse the effectiveness, quality, or safety of products available on the Website.
14.5. We are not responsible for any harm resulting from instructions or products mentioned on the Website. We are not affiliated with any manufacturers of medicines or products on the Website. We do not guarantee that the Website or its content will meet your requirements.
14.6. The colors of products displayed on the Website may vary depending on your monitor or display. We cannot guarantee that the colors you see will match the actual product colors.
14.7. You can interact with us through social media platforms like Facebook, Instagram, and Twitter. We are not responsible for the terms of use and privacy policies of these third-party websites.
14.8. We do not take responsibility for any loss or damage resulting from product reviews posted by users on Website.
14.9. We reserve the right to modify or remove any part of the Website or its content at any time without notice.
15. Website Availability:
15.1. We take all reasonable care to ensure the availability of the www.cancersamiksha.com Website 24×7. However, the Website may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. Cancer Samiksha does not warrant uninterrupted access to this Website or any linked Websites. However, We may, but shall not be obliged to, issue a notice when We know of scheduled maintenance of our Website.
16. Location Of Services:
16.1. Currently we provide our services in India.
17. Links To Third-Party Websites:
17.1. We provide link to third-party websites, our online payment service partners, which process your Net Banking and Credit/Debit Card payments, etc. We are not responsible for the availability or proper functioning of such linked pages or sites, and We cannot not be held responsible for any loss or inconvenience encountered as a result of using such Website link.
18. Copyrights, Trademarks And Other Intellectual Property Rights:
18.1. As per the Terms and Conditions of www.cancersamiksha.com, the Website grants access to Users/Customers to view the content solely for visiting, ordering, and communicating only. All materials in this Website, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Website are copyrights and/or other intellectual properties owned by Universal Cancer Conquest India Pvt. Ltd. All other trademarks not owned by Universal Cancer Conquest India Pvt Ltd that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
18.2. You hereby agree that You will not reproduce, duplicate or copy the content of cancersamiksha.com for any purpose, unless You have been specifically permitted to do so in a separate agreement with this Website.
19. Compliance With Applicable Laws:
19.1. While using the Website for communication or transactions, both parties must follow all applicable laws, including Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc. They must also pay any applicable taxes. It’s important to comply with these laws and not purchase pharmaceutical goods or prescription drugs without a valid prescription, as prohibited by the Drugs Act and other laws.
19.2. The Users must also ensure that the prescription uploaded on the Website or emailed to www.cancersamiksha.com for processing the order for prescription drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the www.cancersamiksha.com, its affiliates or other third party service providers as a result of any dispensation of prescription drugs owing to the non-compliance by the User in this regard.
20. User Indemnification:
20.1. You agree to protect, defend, and hold harmless Universal Cancer Conquest India Pvt Ltd, its officers, directors, employees, agents, partners, licensors, advertisers, and suppliers from any claims, losses, expenses, damages, and costs, including legal fees, resulting from your violation of this agreement, activity related to your account, or any information or material you submit that violates the law or infringes on third-party rights. We have the right to handle any claims and indemnification matters, and you agree to cooperate with us fully in defending against them.
21. Indemnification And Limitation Of Liability:
21.1. You promise to protect, defend, and compensate the Company, including its affiliates, vendors, agents, and employees, for any losses, claims, or expenses they face because of your actions. This includes breaches of these Terms of Use, claims related to your use of the Website, damage caused by your materials to others, or violations of anyone else’s rights.
21.2. We, along with our officers, directors, employees, partners, or suppliers, won’t be liable to you or anyone else for any special, indirect, or punitive damages resulting from your use of the Website. This includes loss of data, profits, or other damages, even if we were warned of the possibility. This applies to any claims related to your use of the Website, services, or materials.
21.3. These limits and exclusions apply as much as allowed by the law.
22. Disclaimer Of Warranties And Liabilities
22.1. You understand and agree that:
a. The Website, services, and materials are provided “as is” without any warranty, whether express or implied, including warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We don’t guarantee that your requirements will be met, services will be uninterrupted, timely, secure, or error-free, or that materials and information will be effective, accurate, or reliable. We’re not liable for any errors or defects in the Website, services, or materials. We also have no liability related to User Content under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. We’re not responsible for any misuse, loss, modification, or unavailability of User Content.
b. Any material or data downloaded from the Website is at your own risk, and you’re solely responsible for any damage to your computer systems or loss of data. We’re not responsible for any errors or omissions in the information provided, including invalid coupons.
c. We’re not liable for any third-party products or services.
23. User Submissions:
23.1. We have the sole right to decide whether to accept, edit, or reject any materials you send us for features on the Website, like ratings, reviews, and testimonials. Your submissions should not be offensive or violate moral, religious, racial, or political standards. Transmitting offensive materials may break laws, regulations, and pharmacy ethics.
23.2. We own all rights to the submissions you send us. By providing your submissions, you allow us to use them for any purpose without paying you. This includes using, copying, distributing, and publicly displaying your submissions.
23.3. You promise that your submissions won’t violate anyone else’s intellectual property rights or rights of privacy or publicity.
23.4. Users/customers are not allowed to upload any information or software that contains harmful components like viruses or worms to the Website.
23.5. We don’t support or take responsibility for any submissions on our Website. We won’t be liable for any loss or harm caused by submissions or your reliance on the information, including statements, opinions, and reviews posted by users/customers, which may be inaccurate or offensive.
24. Governing Law And Jurisdiction:
24.1. These Terms of Use, Privacy Policy and your use of this Website and its content will be governed by and construed in all respects in accordance with the laws of India without reference to conflict of law principles. Any legal action or proceeding related relating to this Terms of Use shall be subject to the exclusive jurisdiction of the courts at Pune only.
25. Force Majeure:
Users understand and agree that www.cancersamiksha.com.in won’t be responsible for any loss or damage caused by delays or failures in the services due to factors beyond its control, like natural disasters, wars, government actions, or communication failures not caused by www.cancersamiksha.com. This is called a “Force Majeure Event.” If such an event happens, www.cancersamiksha.com will notify users promptly.
26. Dispute Resolution:
All disputes related to this Terms of Use, Privacy Policy, or any other claims will be first tried to be resolved amicably by both parties. If no solution is reached within 30 days, the dispute will be settled through arbitration by a single arbitrator chosen by both parties. The arbitration will be in English and held in Pune, India. Each party will cover its own costs, unless the arbitrator decides otherwise. Both parties agree that Indian laws govern these agreements, and any disputes will be handled exclusively by the courts in Pune.
27. Termination:
You agree that we can terminate your access to the Website at any time if we decide, for any reason, including if you violate these Terms of Use. We can do this without warning, and we won’t be responsible to you for any termination. Your right to use the Website ends as soon as we terminate your access.
28. Modifications And Amendments:
We can update these terms and conditions without notifying you. Any changes will take effect when we post them on the Website. It’s your responsibility to check the terms regularly. If you keep using the Website after we make changes, you automatically agree to the new terms.
29. Contact Information:
If You have any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at info@ucc.co.in. If You have any questions concerning UCC, the Website, these Terms of Use, or anything related to any of the foregoing, UCC can be reached at the following email address – info@ucc.co.in
30. Miscellaneous:
We can update these Terms of Service at any time without notifying you. Your continued use of the Website after we make changes means you agree to the new terms. Any use of the Website before these changes will be governed by the previous terms.
We can change or limit access to any part of the Website without notice. We may also deny access to anyone at any time. We can transfer our rights and obligations under this agreement to another company.
We can block your access if you violate these Terms of Use, but it doesn’t mean we waive any legal rights to claim damages or take legal action against you.
If any part of these terms is found to be unlawful or unenforceable, it won’t affect the rest of the terms.
Certain obligations like indemnity and dispute resolution will still apply even after termination.
If we don’t enforce any part of this agreement, it doesn’t mean we give up our right to enforce it later.
The section titles in this agreement are just for convenience and don’t have any legal effect.
If there’s a conflict between these terms and any other policy, these Terms of Use will take precedence. The same applies if there’s a conflict between these terms and our Privacy Policy.
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