4. Communications:

4.1. By using the Website, it is deemed that you have consented to receiving calls, auto-dialled and/or pre-recorded messages or calls, from us at any time with the use of the telephone number that has been provided by you for the use of this Website, subject to the Privacy Policy. This includes contacting you through information received through other parties as well as contacting other parties through the information you provide to us. By using this Website, you who have placed orders with Us, or has only signed up, or submitted your personal details in any of our forms also consent to receive transactional and/or promotional emails/Whatsapp/SMSs from Us at any time We deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop the contact with us for the same, you may send us a mail to the effect at [email protected].

4.2. 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.

4.3. 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 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. Security Policy:

5.1. All your transactions are secure when you place an order online at kapeefitshop.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.

6. Prescription Medication Policy:

6.1. kapeefitshop.com, a fully licensed and regulated Ayurvedic 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 kapeefitshop.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 kapeefitshop.com.

6.4. kapeefitshop.com 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 kapeefitshop.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. Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Website is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by you shall constitute an offer and the acceptance of the offer would only be undertaken only after the validation/ verification of the prescription and the ascertainment of the available stock. kapeefitshop.com may accept or decline any order placed in its absolute discretion.

7.2. You understand and agree that all drugs and medications will be dispensed by a registered pharmacist at kapeefitshop.com and/or its affiliates. In any event the prescription drugs or medications are not available with kapeefitshop.com, kapeefitshop.com reserves the right to direct such orders to its affiliates or other third-party service providers and you provide your consent for the same.

7.3. The title of the products ordered by you shall immediately stand transferred to you upon dispensation of such products and payment against the order is received by kapeefitshop.com. For products provided by other third-party service providers, the invoices for such sale will be issued by such third-party service providers and not by kapeefitshop.com and you agree and acknowledge that the Company shall not be liable for the products supplied by other third-party service 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. kapeefitshop.com reserves the right to discontinue any program or offer on its Website.

7.6. kapeefitshop.com reserve the right, without prior notice, to limit the order quantity of any products available on kapeefitshop.com in its Website/App.

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 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 are the patient/parent/authorized person on behalf of the patient, You authorize and appoint the kapeefitshop.com and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on Your behalf as if You were personally present and acting for Yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which You have sent to kapeefitshop.com; and (b) packaging your prescriptions, the orders and delivering them to you. By making the order You hereby authorize kapeefitshop.com and/or its affiliates to ship the order by post/courier to your registered address. This authorisation shall include, but not be limited to collecting and using your personal and personal health information as reasonably necessary for the fulfilment of your order.

8. Price, Delivery Charges And Payment

8.1. The installation and use of this Website is free of cost, and this includes only the usage of certain services of the Website. kapeefitshop.com does not charge any fee for accessing, browsing on the Website. You hereby understand that this no charge policy maybe amended at any time at the discretion of the Company.

8.2. For the purpose of this section, Buyer would include any User choosing to use the services offered on the App/Website. Seller means the Company/ kapeefitshop.com and its Website.

8.3. While availing any of the payment methods available on the App/Website, kapeefitshop.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to

• Lack of authorization for any transaction(s), or
• Exceeding the pre-set limit mutually agreed by You and between ‘Bank(s)’, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason(s).

8.4. All payments made against the services on the Website by You shall be compulsorily in Indian Rupees. The Website will not facilitate transaction with respect to any other form of currency with respect to the orders made on Website.

8.5. All our product prices include all applicable statutory taxes.

8.6. We make every effort to make sure that the pricing and availability of products on Our Website is accurate and up to date. However, rarely, there may be an error on the pricing of a product, or an error related to product availability. In such cases, we are not responsible for any typographical errors and We reserve the right to cancel the sale.

8.7. We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after You have submitted Your order, and to change or update any other information at any time without prior notice.

8.8. Following are the delivery charges at kapeefitshop.com, which are based on the order value and the delivery chargers quoted below are applicable to all orders at kapeefitshop.com

Delivery Charge = Rs. 55/- for prepaid & 100/- for COD

Note: Delivery charges quoted above is valid on all orders of kapeefitshop.com and also additional charges maybe be charged.

8.9. The Company reserves the right to modify/alter the delivery charges by providing the same on the Website which shall be considered as valid and agreed communication.

8.10. Delivery times may vary depending on several factors, including but not limited to delivery location, type of product You order and availability of the product.

8.11. In order to process the payment, kapeefitshop.com may require Your financial and banking information such as bank account, debit card number, credit card number etc.

8.12. You can make the payment via any one of the following methods of payment: Wallets: Paytm, AmazonPay, PhonePe, UPI, GooglePay, Bank transfer (NEFT/RTGS/IMPS). All debit and credit cards. Credit/Debit Card, Net Banking or Cash on Delivery. Credit/Debit Card and Net Banking Payments are processed via our online payment service partners.

9. Refund, Return And Cancellation Policy:

Refund Policy:

9.1. Kapeefit will offer a full refund if:

1. You received a defective item.
2. the ordered item(s) is lost or damaged during transit.
3. the ordered item(s) is past its expiry date.

9.2. The mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to 10 working days for the credit to appear in your account. While we regret any inconvenience caused by this time frame, it is the bank’s policy that delays the refund timing, and we have no control over that. If the mode of refund is by Wallets, credit should be available within 24 hours.

How to Request a Refund:

9.3. To request a refund, email Us, within 3 days of receipt, your order details, including the reason why You are requesting a refund. The Company may also require You to upload pictures & unboxing video of the product(s) received in order to process the refund.

9.4. Company will verify the request within 3 working days from the time of receipt of your request. Once the claim is verified as genuine and correct, kapeefitshop.com will initiate the refund process. In case of refund, kapeefitshop.com may also initiate the collection process in which case You will be required to pack the product(s) in the original manufacturer’s packing for collected by kapeefitshop.com

9.5. If You have any queries, do call Our help desk at +91-9045599289 or email us at [email protected].

Return Policy:

9.6 Kapeefit may allow return of product(s) if:

1. Product(s) does not match Your order.
2. Product(s) delivered are past the expiry date.
3. Product(s) delivered are damaged in transit.

9.7. If You have received a damaged product, do not accept the delivery of the product. If after opening the package You discover that the product(s) is damaged, the same may be returned for refund or replacement. kapeefitshop.com does not promise a replacement for all the product(s) as it will depend on the availability of the said product(s). In such cases, refund will be offered to You.

9.8. kapeefitshop.com will not accept liability for such delivery issues if You fail to notify Us within 1 working days of receipt.

9.9. In case You to want to return a product or products that are not defective, We may allow the return of unopened, unused products after deducting a 20% restocking charge, provided You notify us of such return within 3 days of receipt. kapeefitshop.com will not accept returns if You fail to notify within 3 days of receipt.

9.10. Returns are subject to the below conditions:

1. Wrong ordering of product(s) does not qualify for returns.
2. Batch number of the product(s) being returned should match as mentioned on the invoice.
3. Returns arising out of change in prescription does not qualify for returns.
4. Product(s) being returned should compulsorily be in their original manufacturer’s packaging i.e., with original price tags, labels, bar-code and invoice; and
5. Partially used or consumed product(s) does not qualify for returns.

Return Policy Exceptions:

9.11. Certain category of products are not returnable. The details of the non-returnable products are mentioned below:

1. Medicines Temperature sensitive products (Cold Chain Products)
2. Medicines For which Patient Assistance Program has been utilized

9.12. kapeefitshop.com does not offer replacements or exchanges of the above non-returnable products. Also, kapeefitshop.com reserves the right to refuse returns or refunds for certain products, as marked in the respective product pages as “Note: This item cannot be returned for a refund or exchange”

Return Process:

9.13. To request a return, email Us, within 3 working days of receipt, your order details, including the reason why You are requesting a return. The kapeefitshop.com may also require You to upload pictures of the products received in order to process the return.

9.14. Company will verify the request within 3 working days from the time of receipt of your request. Once the claim is verified as genuine and correct, kapeefitshop.com will initiate the collection of the product(s) to be returned. You will be required to pack the product(s) in the original manufacturer’s packing.

9.15. If You have any queries, you can reach us at our help desk at +91-9045599289 or email us at [email protected]

Cancellation Policy:

9.16. You can cancel the product(s) ordered in the Website/App within 24 hours of placing the order. Orders once shipped cannot be cancelled.

9.17. In cases where kapeefitshop.com is unable to accept the order in cases including but not limited to non-availability of product or quantities ordered by You or inaccuracies or errors in the pricing information etc, kapeefitshop.com reserves the right to cancel the order without any liability to the Company.

9.18. Kapeefit shall also cancel orders if it includes but limited to:

1. Product(s) ordered are not for self-consumption but for commercial resale;
2. Multiple orders placed for same product at the same address;
3. Bulk quantity of the same product is ordered;
4. Invalid address given in order details
5. Any malpractice used to place the order.
6. 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. kapeefitshop.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 kapeefitshop.com.

11. Third Party Information:

11.1. The content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’). The Website may contain links to/ content of third-party websites that are not associated with us. We have no control over any third-party user generated content as we are merely an intermediary for the purposes of those content. In the event, if any of the third-party content infringes any intellectual property of any person, such third party shall be solely responsible for any loss caused without any liability to the Company. You may send as an email at [email protected] to report any such content.

11.2. Other than that, when expressly allowed, any use of Our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.

12. User Content:

12.1. The information/content that You upload or post in the Website (“User Content”) will become Our property and You grant us the worldwide, perpetual and transferable rights in such User Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the User Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include any content You provide and are not entitled to any payment or other compensation for such use. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this Website, or stored on Our servers, or hosted or published upon this Website.

12.2. Those posting any form of User Content on the Website must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the user posting such content, if We feel that there is a need to check such accuracy. We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We cannot be held liable for any false or misleading information.

12.3. In case any User Content is considered to be unlawful or against the law within any jurisdiction in which our Website can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.

13. User Obligations:

13.1. You are a restricted user of this Website.

13.2. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With Our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. You shall not, nor allow third parties on Your behalf to (i) make and distribute copies of the Website (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website; or (iii) create derivative works of the Website of any kind whatsoever.

13.3. You agree not to access (or attempt to access) the Website and or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

13.4. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content by sending us an e-mail to our official e-mail address.

13.5. This Website by nature allows You to upload information; You undertake to ensure that such material is in accordance with applicable laws.

Further, You undertake not to:

1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
2. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
5. Post any file that infringes the copyright, patent or trademark of other legal entities.
6. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
7. Download any file posted by another user of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;
8. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the Website, including any account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
9. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
10. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
11. Use the Website or any material or Content or User Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;
12. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
13. Violate any applicable laws or regulations for the time being in force within or outside India;
14. Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere.
15. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
16. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
17. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
18. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
19. Create liability for Us or cause Us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;

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 can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

13.8. We have no obligation, to monitor the material posted on the Website

. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, You remain solely responsible for the content of the materials You post on the Website. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

14. Disclaimer Of Warranties And Limitation Of Liability:

14.1. All information, products and Services included on or otherwise made available to You through this Website are provided by kapeefitshop.com on an “as is” and “as available” basis, either expressed or implied, We specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that Your use of this Website is at your sole risk.

14.2. kapeefitshop.com assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.

14.3. kapeefitshop.com has exerted reasonable efforts to ensure that all information published on the Website is accurate at the time of posting; however, there may be errors in such information for which We shall have no liability. We reserve the right to remove or alter any of the information contained on the Website at Our sole discretion.

14.4. kapeefitshop.com cannot guarantee the adequacy, currency or completeness of the Website/App content. kapeefitshop.com does not warrant or endorse the effectiveness, quality or safety of the products available on the Website.

14.5. We disclaim responsibility for any harm to persons resulting from any instructions or products referred to in the Website. kapeefitshop.com is not associated with any manufacturer of medicines or other products on the Website. We do not warrant that the Website, or its content will meet Your requirements.

14.6. Please note that while kapeefitshop.com has made every effort to accurately display the colours of products on its Website, the actual colour You see will depend on your monitor or the display You use to access the Website. We cannot guarantee that Your device’s display of any colour will be the same as the colour of the products delivered to You.

14.7. We may let You view Our information and communicate with us through the social media services such as Facebook, Instagram, Twitter. kapeefitshop.com.in explicitly disclaims any responsibility for the terms of use and privacy policies that govern these third-party websites, which are in no way associated with us.

14.8. kapeefitshop.com accepts no responsibility for any loss or damage suffered due to your reliance on the product reviews posted by kapeefitshop.com Users.

14.9. www.mrmed.in reserves the right to modify or withdraw any part of the Website/App or any of its content at any time without notice.

15. Website/App Availability:

15.1. We take all reasonable care to ensure the availability of the kapeefitshop.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. MrMed does not warrant uninterrupted access to this Website or any linked Website. However, We may, but shall not be obliged to, issue a notice when We know of scheduled maintenance of our Website.

16. Links To Third-Party Websites:

16.1. 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.

17. Location Of Services:

17.1. Currently we provide our services in India.

18. Copyrights, Trademarks And Other Intellectual Property Rights:

18.1. As per the Terms and Conditions of kapeefitshop.com, the Website grants access to Users/Customers to view the content solely for visiting, ordering, and communicating only. All materials in this Website/App, 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 Kapeefit Health Brand Private Limited. All other trademarks not owned by kapeefitshop.com 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 kapeefitshop.com.

18.2. You hereby agree that You will not reproduce, duplicate or copy the content of kapeefitshop.com for any purpose, unless You have been specifically permitted to do so in a separate agreement with this Website.

19. User Indemnification:

19.1. You hereby agree to indemnify, defend, hold harmless kapeefitshop.com and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to Your Account, or any information or material You have submitted or will submit to Us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and You hereby agree to cooperate fully with Us in asserting any available defences.

20. Compliance With Applicable Laws:

20.1. While communicating/ transacting through the Website, the Parties shall at all times ensure full compliance with the applicable provisions of all the applicable laws including but not limited to the 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. as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Pharmaceutical Good and Services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.

20.2. The Users must also ensure that the prescription uploaded on the Website/App or emailed to kapeefitshop.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 kapeefitshop.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.

21. Disclaimer Of Warranties And Liabilities

21.1. You expressly understand and agree that, to the maximum extent permitted by applicable law that:

1. The website, services and other materials are provided by this Website is on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, We make no warranty that

(i) Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;

(ii) materials, information obtained and results will be effective, accurate or reliable;

(iii) any errors or defects in the website, services or other materials will be corrected.

To the maximum extent permitted by applicable law, we will have no liability related to User Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any User Content.

1. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at his/her own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. We are not responsible for any typographical error leading to an invalid coupon. We accept no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.
2. We shall not be liable for any third-party product or services.
3. User Submissions:

22.1. kapeefitshop.com reserves sole discretion to accept, edit or reject any and all materials. You may send to us as part of the features in the Website, including but not limited to, ratings & reviews, testimonials, etc. (“Submissions”). Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy.

22.2. kapeefitshop.com shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, You hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish Your name in connection with your Submission.

22.3. You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.

22.4. The User/Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the kapeefitshop.com Website.

22.5. kapeefitshop.com.in does not endorse and is not responsible for any Submissions on its Website. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.

23. Indemnification And Limitation Of Liability:

23.1. You agree to indemnify, defend and hold harmless the Company including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the terms of service, or Your violation of any rights of another, including any intellectual property rights.

23.2. In no event shall We, or Our officers, directors, employees, partners or suppliers be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.

23.3. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.:

24. Termination:

24.1. You agree that, in its sole discretion and for any or no reason, including without limitation if You breach these Terms of Use, may terminate your access to and use of the Website, at any time. You agree that any termination of your access to the Website or suspension of your account may be effected without prior notice, and You agree that kapeefitshop.com shall not be liable to You for any such termination. Your right to use the kapeefitshop.com Website Service immediately ceases upon termination of your access/use of the Website.

25. Force Majeure:

25.1. Users accept and acknowledge that kapeefitshop.com shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, flood, earth quack, war, insurrection, fire, riots, civil disturbances, terrorist attack, revolution, epidemic, pandemic, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of kapeefitshop.com, its affiliates or the third party service providers), or any other delay or default or deficiency or failure which arises from causes beyond kapeefitshop.com reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, kapeefitshop.com, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User of the facts which constitute the Force Majeure Event.

26. Governing Law And Jurisdiction:

26.1. 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 Bareilly only.

27. Dispute Resolution:

27.1. All disputes arising out of or in relation to this Terms of Use, Privacy Policy inclduing but not limited to rights conferred, compensation, refunds, and other claims (“Dispute”) will be at mutually resolved by the Parties amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a Dispute to the other Party, the Dispute will be resolved by arbitration by a sole arbitrator to be mutually appointed by both Parties, and the award passed by such sole arbitrator will be valid and binding on both Parties.

27.2. The arbitration shall be conducted in English or Hindi Only, and the seat of Arbitration shall be the city of Bareilly in the state of Uttar Pradesh, India.

27.3. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings.

27.4. The Parties expressly agree that the Terms, Policy, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Chennai shall have exclusive jurisdiction over any disputes arising between the Parties.

28. Modifications And Amendments:

28.1. We reserve the right to amend these terms and conditions from time to time without further notice to You. Any such amendments We make shall be effective once we post a revised version of these Terms of Use on the Website. It is your responsibility to review the kapeefitshop.com Terms of Use regularly. Your continued use of the Website following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.

29. Miscellaneous:

29.1. We reserve the right to change these Terms of Service at any time without notice in its discretion and to notify Users of any such changes solely by changing this Terms of Use. Your continued use of the Website after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. Your use of this Website prior to the time this Terms of Use was posted will be governed according to the Terms of Use that applied at the time of your use.

29.2. We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Website or its content at any time, without notice or liability. We may deny access to any person or User at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Us or any of their assets.

29.3. We hereby reserve the right to block usage of the Website if any breach of the Terms of Use is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.

29.4. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

29.5. Even after termination, certain obligations including but not limited to indemnity obligations, intellectual property rights, dispute resolution will continue and survive termination.

29.6. Any failure of the Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

29.7. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.

29.8. In the case of a conflict between these terms and the terms of any electronic or machine-readable statement or policy, these Terms of Use shall prevail. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service shall prevail.

30. Contact Information:

30.1. If You have any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at [email protected]. If You have have any questions concerning kapeefitshop.com, the Website, these Terms of Use, or anything related to any of the foregoing, kapeefitshop.com can be reached at the following email address –  [email protected]

o these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing kapeefit, you agreed to use cookies in agreement with the Kapeefit Health Brand Pvt. Ltd’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Kapeefit Health Brand Pvt. Ltd and/or its licensors own the intellectual property rights for all material on kapeefit. All intellectual property rights are reserved. You may access this from kapeefit for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Republish material from kapeefit

Sell, rent or sub-license material from kapeefit

Reproduce, duplicate or copy material from kapeefit

Redistribute content from kapeefit

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Free Terms and Conditions Generator.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Kapeefit Health Brand Pvt. Ltd does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Kapeefit Health Brand Pvt. Ltd,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Kapeefit Health Brand Pvt. Ltd shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Kapeefit Health Brand Pvt. Ltd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Kapeefit Health Brand Pvt. Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;

Search engines;

News organizations;

Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;

dot.com community sites;

associations or other groups representing charities;

online directory distributors;

internet portals;

accounting, law and consulting firms; and

educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Kapeefit Health Brand Pvt. Ltd; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Kapeefit Health Brand Pvt. Ltd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or

By use of the uniform resource locator being linked to; or

By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Kapeefit Health Brand Pvt. Ltd’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;

limit or exclude our or your liability for fraud or fraudulent misrepresentation;

limit any of our or your liabilities in any way that is not permitted under applicable law; or

exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.