Ayutm Terms of Use

Terms of Use This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.ayutm.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)

The Platform is owned by Ayutm dindayal ayurved bhawan, a company incorporated under the Companies Act, 1956 with its registered office at near court complex,sirsa road.ellenabad,dist. sirsa haryana-125102, India India (hereinafter referred to as “Ayutm”).

Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Ayutm and these terms and conditions including the policies constitute Your binding obligations, with Ayutm.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Ayutm Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Ayutm allows the User to surf the Platform or making purchases without registering on the Platform. The term “We”, “Us”, “Our” shall mean Ayutm

Membership Eligibility

Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Ayutm reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Ayutm’s notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

Communications

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Platform enables the Buyer and Seller to transact on the Platform. . Ayutm is not and cannot be a party to or control in any manner any transaction between the Platform’s Users.

Your Account and Registration Obligations

If You use the Ayutm Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or Ayutm have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences there from.

You agree that Ayutm shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Ayutm Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Ayutm Platform through a onetime password verification.

You must maintain confidentiality of the account information and for all the activities that occur under Your account. You must not share your login details, ie, username and password of Your account with any other person, else it would be considered breach of this Terms of Use.

You agree to: (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify Ayutm of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change the password or we may suspend Your account without any liability to Ayutm, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

You will have access to other apps owned by Ayutm group companies through the same login username and password. You agree to have single login access to all the apps owned by Ayutm group companies.

Charges

Ayutm may charge a nominal fee for browsing and buying on the Platform. Ayutm reserves the right to change its Fee Policy from time to time. In particular, Ayutm may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, Ayutm reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Ayutm.

Use of the Platform

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You do not have any right to;

(b) 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 whatever; 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;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

For Prescription and Non Prescription Drugs

The information on this website is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics and information, contained on or available through this Platform is for general information purposes only. Ayutm makes no representation and assumes no responsibility for the accuracy of information contained on or available through this website and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this website with other sources and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH ANY WEBSITE.

Ayutm does not recommend, endorse, or make any representation about the efficacy, appropriateness or suitability of any specific products, procedures, treatments, opinions or other information that may be contained on or available through this website.

You agree and confirm:

That you agree to ensure full compliance with the applicable provisions of the Telemedicine Practice Guidelines, Drugs and Cosmetics Act, 1940, the Drugs Rules, 1945, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 as amended from time to time. That you shall not engage in any transaction which is prohibited by the provisions of any applicable law including the Drugs and Cosmetics Act, 1940, and the Drugs Rules, 1945, as amended from time to time.

You understand and agree that Ayutm provides only information and knowledge and acts as a bridge between users and the Sellers. All commercial/contractual terms and agreements are between users and Sellers. Ayutm is a communication medium. All orders are accepted and fulfilled by independent licensed retail chemists subject to verification of Valid Prescription by the said chemist. By accepting Terms and Conditions to use this Technology Service, you hereby confirm that you are placing order only for fulfillment of valid prescription.

You understand and agree that selling, stocking, or exhibiting, or offering for sale, or distribution of Medicines, if any, at Ayutm is only by the third party Independent Licensed Retail Store (hereinafter referred to as “Pharmacy”).

Tobacco Products

You agree and undertake that You will not use the Platform to transact for the purchase of Tobacco products on the Platform if You are below the age of eighteen years. While placing an order for tobacco products, You confirm that the delivery location is not within 100m of an Educational Institute. You also acknowledge that the delivery personnel may request a valid ID proof to confirm your age and that you shall comply with the request. Ayutm reserves the right to cancel your order in case of any transgressions.

Your Doctor.

Due diligence will be exercised in removing drug(s) and healthcare product(s) and their related information from our website, on receipt of information about products being banned/ withdrawn/recalled by the Government of India or if any major health precaution / warning are issued on a product and any statutory mandate or regulatory guideline prohibits listing or sale of such products over the website. However, Ayutm takes no responsibility for any uninformed/misinformed/deliberate orders that are placed on the website with respect to such products before or during the process of delisting of the products under a statutory or regulatory order/guideline. Users are advised to remain informed before placing order or using product/services over the website and Users shall indemnify Ayutm for any claims, losses, damages etc arising out of such uninformed/misinformed/deliberate use of Products/Services by the Users.

No information received via this website should be treated as medical advice nor should be relied upon for any medical / pharmaceutical related decision and you should consult an appropriate professional for specific advice tailored to your situation.

The information provided here should not be treated as a substitute of medical advice given by your doctor and/or not to replace the advice of your doctor or the product information provided by the manufacturer of the products. Drug usage details (instructions) are provided on our website as sourced from third parties. We do not provide instructions for usage of the product. For the precise information on the product, the patient must see the product information available with each of the products and talk to his/her healthcare service provider / doctor.

Reference to specific products, processes, or services does not constitute or imply recommendation or endorsement by Ayutm. The Users must check with their own sources before acting upon and are encouraged and advised to confirm the information contained herein with other sources. The Health related topics found on this website should not be used for diagnosing purposes or be substituted for medical advice. Also, the information provided on this website is of a general nature only, and is not meant to replace the advice of your doctor or pharmacist or other healthcare provider. It is your responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information found on this website, and to consult with your professional health care provider/doctor as to whether the information can benefit you. Please contact your healthcare provider/doctor for advice for your specific health or medical needs.

Ayutm assumes no responsibility or liability for any consequence resulting directly or indirectly for any action or inaction you take based on or made in reliance on the information, services, or material on or linked to this website.

We have placed responsibility on the sellers for listing products on the website, to take care that the products / medicines listed here are from approved licensed manufacturers. Ayutm shall not be responsible for any misbranded/spurious/adulterated products that any seller may list or sell through the website. There may be alternate brands available for the same product intended for specific medical conditions. Please consult your doctor in case you have questions on the exact product brand that you require. You may also talk to your doctor about alternative products / medicines. For all purposes and under all circumstances, you must leave all medical decisions related to the product and your health to your doctor.

All drug information provided here refers to generic pharmacology. Although reasonable care has been taken in verifying details provided on the products, as this information is taken from third parties, the website does not take any responsibility for accuracy for each brand, which may have different specification or usage for the same product and also does take any responsibility for meticulous precision inputs for brands, which have different specifications for the same product. The information provided here is only to help Users get a general view of the drug(s) they are consuming. The drug information provided on our website refers to the generic chemical content in the product and may not necessarily apply to the brand completely. Listing of Information that is specific to the brand or the sellers is the responsibility of the sellers on the website. The images shown here on the website are for illustration purposes only and may not be an exact representation of the product

We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Ayutm 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 PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Ayutm views. In no event shall Ayutm 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 Platform. 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 libellous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Ayutm Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Ayutm Platform.

Terms & Conditions:

• Ayutm
• For orders where the products are delivered and not returned, the contribution, once made, will not be refunded.
• No certificate under section 80G of the Income Tax Act, 1961 will be issued.
• By proceeding to donate, you understand and confirm that this donation is not from any foreign source as defined under Foreign Contribution (Regulation) Act, 2010.Ayutm disclaims any and all liability and assumes no responsibility whatsoever for consequences resulting from any actions or inactions of the NGOs or charitable organizations.
• By proceeding to donate the money, you consent and expressly waive any and all claims, rights of action and/or remedies (under law or otherwise) that you may have against any of the Ayutm Group entities arising out of or in connection with the aforesaid transaction.
• The donation is being collected on behalf of the Ayutm and is disbursed to Ayutm. Ayutm disclaims all liabilities and assumes no responsibility for consequences resulting from actions/ inactions of the Ayutm.
• Ayutm may share your Personal Identifiable Information which may include your name, phone number, etc with Ayutm.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. if You object to Your Information being transferred or used in this way please do not use the Platform.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

Disclaimer of Warranties and Liability

This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Ayutm does not warrant that:

This Platform will be constantly available, or available at all; or

The information on this Platform is complete, true, accurate or non-misleading.

Payment

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Compliance with Laws:

1. As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2, 00, 000.00/- the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted already by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.

Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Ayutm Platform.

Buyer’s arrangement with Issuing Bank:

1. All valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed between the Buyer and the respective Issuing Bank and payment instrument issuing company.
2. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Customer Conduct

Terms:

A) Ayutm fosters diversity, inclusion, equity and protect the individuals who are engaged with us as delivery partners from any discrimination on grounds such as race, social origin, caste, ethnicity, nationality, gender, gender identity and expression, sexual orientation, disability, religion or belief, age or any other grounds.

B) Ayutm prohibits discrimination against delivery partners under any circumstances and on any grounds including on the basis of race, religion, caste, place of origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristics that may be protected under applicable law.

C) We reserve the right to withhold access to the Platform and otherwise limit Your access to the Platform at Our absolute discretion if You behave towards any delivery partner working with Ayutm in a manner which is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be inappropriate or unlawful.

D) You are expected to treat all delivery partners with courtesy and respect.

Ayutm’s Replacement Guarantee

Ayutm’s Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. The return policy period (Ayutm’s Replacement Guarantee) depends on the product category and the seller. Kindly click here to know the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions

Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

Following products shall not be eligible for return or replacement:

a. Damages due to misuse of product;

b. Incidental damage due to malfunctioning of product;

c. Any consumable item which has been used/installed;

d. Products with tampered or missing serial/UPC numbers;

e. Digital products/services;

f. Any damage/defect which are not covered under the manufacturer’s warranty

g. Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;

h. Jewellay which is ‘made to order’ on customer’s request

Indemnity

You shall indemnify and hold harmless Ayutm, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in sirsa haryana.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Ayutm make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Ayutm is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This site is controlled and operated by Ayutm and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Ayutm respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Ayutm at ayutmindia@gmail.com.

Product Description

Ayutm we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.