Please read these terms of use carefully. By accessing or using this internet-based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this internet-based platform.
The domain name Elixire.in, an internet based portal and Elixire a desktop and mobile application, is operated by CareEco Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Elixire” or “We” or “Our” or “Us” or “Company”) having registered office at Flat no: 706, Desire Residency, Ahinsa Khand-II, Ghaziabad, Uttar Pradesh - 201014 with GSTIN 09AAKCC9125D1ZM and PAN AAKCC9125D. The domain name, the desktop application and the mobile application are collectively referred to as the “Website”.
Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Elixire on the other Part.
By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (mentioned separately), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such an event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
The Website is a platform that facilitates online purchase of software services offered by the Company or third parties as per company’s agreement with them and online advertisements of various sponsors advertising and marketing their own goods and services (“Third Party Advertisers”). The Third party service providers and Third Party Advertisers are collectively referred to as the “Third Party Service Providers”.
The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to You through various modes which shall include the issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, the company shall send to You (promotional content including but not limited to emailers, notifications and messages).
You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. The company 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.
The company reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.
The company authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by the company including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“The company Content”) (collectively, “Content”). The Company Content is the property of the company and is protected under copyright, trademark and other applicable law(s). You shall not modify the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gains.
As a condition to Your use of the Website, You must be 16 (sixteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to the company that You are 16 (sixteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures..
For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by Elixire in this regard. As part of the registration process, Elixire may collect the following personal information from You:
The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to the company that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
A registered id can only be utilized by the person whose details have been provided and the company does not permit multiple persons to share a single login/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
You agree and acknowledge that You would:
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Elixire for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Elixire may allow authorized third parties to place or recognize a unique cookie on Your browser. Elixire does not store personally identifiable information in the cookies.
Elixire, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while Elixire investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.
Platform to facilitate transaction of business:
Through the Website, Elixire facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Pharmacies (“Pharmaceutical Goods and Services”). You understand and agree that Elixire and the Website merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party products. Elixire has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third Party Pharmacies through the Website shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that Elixire shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services which are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, which are offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.
The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services are as provided by the Third Party Pharmacies. Elixire does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Pharmacies.
The company does not make any representation or warranty as to legal title of the Goods and Services offered for sale by the Third Parties on the Website. At no time shall any right, title, claim or interest in the products and services sold through or displayed on the Website vest with the company nor shall the company have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the Third Parties shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Parties do not have the sole and exclusive legal ownership over the Goods and Services that have been offered for sale on the Website by such Third Parties, or did not have the absolute right, title and authority to deal in and offer for sale such Goods and Services on the Website.
You accept and acknowledge the following:
Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Website by the Third Party Pharmacies 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 by You to enter into an agreement with the Third Party Pharmacies (“Offer”).
For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Third Party Pharmacy’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Third Party Pharmacy.
Upon acceptance of the Offer by the concerned Third Party Pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You.
You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Third Party Pharmacy itself.
The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Third Party Pharmacy (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
You agree to appoint an individual who shall act in the capacity of Your agent and collect the goods and services as requested by You from Third Party on Your behalf ("User Agent"). You accept and acknowledge that the User Agent shall be responsible to collect the goods and services ordered by You from the Third Party and to carry it to the address notified by You. You further agree and acknowledge that the User Agent acts as Your agent for collecting the goods and services from the Third Party. The services are being undertaken by User Agent with Your consent and therefore the Company is merely facilitating for You and Users Agent to connect.
Elixire, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms of Use. Elixire shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
Your profile with the company is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications. Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your record with the company. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. The company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for the company’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed. For additional information regarding use of information about You, please refer to the Privacy Policy. The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.
The Privacy Policy sets out: the type of information collected from Users, including sensitive personal data or information; the purpose, means and modes of usage of such information; and how and to whom the company will disclose such information. The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of: the fact that the information is being collected; the purpose for which the information is being collected; the intended recipients of the information; the name and address of the agency that is collecting the information and the agency that will retain the information; and the various rights available to such Users in respect of such information.
Registration on the Website is free however, there are charges for using and accessing certain services and features provided on the website. The company may change the charges from time to time as it seems appropriate. If you choose to opt Goods and Services being offered by the Third Parties, they may directly charge you. You agree to make all payments directly to the respective Third Parties for purchase of Goods and Services from such Third Party and to the Company in case of purchase of Goods and Services directly from the Company. The Third Parties may choose to either personally collect such payment from You or may use the services of collection agents (including the company) duly appointed in this regard. You agree and acknowledge that You shall not hold the company responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third Parties or the collection agents or for any actions/ omissions which are beyond the control of the company.
Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The company is in no way responsible for any of the taxes except for its own income tax. The subscription fees for the Services, if any charged by the company, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. The company is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of the company. The fees could also be paid offline and be either collected personally from the User/ Third Party Service Providers or required to be mailed to the company at the following address of its Corporate office at CareEco Technologies Private Limited, UG-28, Cloud-9 Towers, Sector-1, Vaishali, Ghaziabad, India. All fees are exclusive of applicable taxes.
The company reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication. In order to process the payments, the company might require details of User’s/ Third Party Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how the company uses the confidential information provided by Users. Details, including contact information of all payment service providers: Paytm (https://paytm.com/care/ticket), AmazonPay (https://www.amazonpay.in/contact), Mobikwik (https://blog.mobikwik.com/contactus/), AirtelMoney (https://www.airtel.in/personal/money/contact-us), Freecharge (https://www.freecharge.in/contactus), OlaMoney (https://www.olamoney.com/support/index.html), JIO Money (https://www.jiomoney.com/contactus.html), PhonePe (https://www.phonepe.com/contact-us/), MPESA UPI – BHIM (https://www.bhimupi.org.in/get-touch) and GooglePay (https://support.google.com/pay/india/gethelp). Security details in relation to payment methods: API integrated. Charge-back options: No. You are also prohibited from: violating or attempting to violate the integrity or security of the Website or any the company Content; transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by the company; intentionally submitting on the Website any incomplete, false or inaccurate information; making any unsolicited communications to other Covenanters; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website; attempting to decipher, decompile, disassemble or reverse engineer any part of the Website; copying or duplicating in any manner any of the the company Content or other information available from the Website; and framing or hotlinking or deeplinking any Content of the company. The company’s Action on Violations The compay, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms of Use. The company shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
Your profile with the company is created to store records of purchase and sales transactions carried out at your stores, inventory maintained at your stores, details of your suppliers and details of the customers doing transactions at your stores.
Registration on the Website is free however, there are charges for using and accessing certain services and features provided on the website.
We do not offer return and refund on the products and services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.
(Covenanters for the purposes of these Terms of Use shall include the Users and the Third Party Service Providers)
Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
belongs to another person and to which the such Covenanter does not have any right;
Elixire shall not be responsible or liable in any manner to the Users or any Third Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by Elixire, where Other Parties have consented to the making of such disclosures by Elixire. If the Other Parties had revoked such consent under the terms of the Privacy Policy, then Elixire shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by Elixire prior to its actual receipt of such revocation.
After selection of the type of treatment viz. Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, Elixire will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
That the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
Of the Protected Entities to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Use or any Other Parties’ use of the Website exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). Elixire accepts no liability for any errors or omissions on behalf of the Other Parties.
On the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.
The Covenanters agree to defend, indemnify and hold harmless Elixire, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.
Elixire reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Elixire will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the applicable provisions of 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 (“Captioned Laws”). 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.
The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set forth below:
In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by:
Elixire reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Elixire. Any consent by Elixire to, or a waiver by Elixire of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.
If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at care@Elixire.in. If any Other Party(s) has any questions concerning Elixire, the Website, these Terms of Use, or anything related to any of the foregoing, Elixire can be reached at the following email address - care@Elixire.in or via the contact information available from the following : Contact us.