Terms of Service

This Document (“Terms of Service) is an electronic record, in terms of the information Technology Act, 2000 and rules stated thereunder, as applicable and the amended provisions pertaining to electronic records in various status, as amended time to time by the information Technology Act, 2000. The above electronic record is generated by a computer system and do not require either physical or digital signatures.

1. Eligibility

When you use our online platform, you represent, that you have met the following eligibility criteria

You are minimum 18 years old or accessing our online platform under the supervision of a parent or guardian, who in such as case will be deemed as the recipient/end-user of the services (as defined in these terms of service) for the purpose of these terms of service.
If your age is less than 18 years, in that case, your parents or legal guardians can transact on your behalf if they are registered users. You are prohibited from purchasing any material the sale or purchase of which to/by minors is prohibited and which is for consumption for adults only.
You are legally competent to contract and otherwise competent to receive the services (as defined in these Terms of service). All those individuals who are “incompetent to contract” within the meaning of the Indian Contract Act,1872 including un-discharged insolvents etc are not eligible to use our online Platform.
We reserve the right to terminate your membership, if any and/or refuse to provide you with access to our online platform, if we discover that your age is less than 18 years.

2. These Terms of services are published in compliance of, and are governed by the provisions of Indian laws as may be amended from time to time, including but limited to

The Indian Contract Act, 1872
The information Technology Act, 2000 and the rules, regulation, guidelines and clarifications framed thereunder, which includes the information Technology (Reasonable Security Practices and Procedures and Sensitive Personal information) Rules, 2011, and the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules 2021, as amended from time to time.
The Drugs and Cosmetic Act, 1940, read with the Drugs and Cosmetics Rules, 1945; The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954;
The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
Pharmacy Act, 1948; and
The Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.

3. Our Services

Through our website, we provide you with the following services (“Services”):

At Davakana, we try to bring home your family doctor. You can order your medicines online and also undertake not all, but few of the medical tests, which can be undertaken at your convenience at your home.
Display, advertisement, sale and delivery of medicines including over the counter drugs, other pharmaceuticals products and medical devices.
Any other service that is made available on our website from time to time. The sale and purchase of Products on our online platform is solely undertaken by Davakana. By transacting on our Platform in respect of any Products [or Services], you agree to be bound by these Terms of service and are entitled to enforce any and all available remedies, under contract or law, only against Davakana. You further agree and acknowledge that the Products being purchased by you are being sold and fulfilled only by Davakana.

The User agrees that these Terms shall be governed in accordance with the laws of India.

4. Disputes

Any dispute arising out of these Terms of service shall be determined by arbitration in India, before a sole arbitrator appointed by Davakana. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Hyderabad. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The arbitration award shall be final and binding on the parties to the dispute.

5. Family Doctor

The Family Doctor benefit may be availed either through a phone call or chat or a video call. The Standard Policies applicable to You with regard to the online consultation (Davakana Consult / Consult) will apply “as is”. Please note that the benefit of Family Doctor Consult is merely a consulting model and any interactions and associated issues with the Practitioner acting as Family Doctor, including but not limited to the Your health issues and/or Your experiences is strictly between You and such Practitioner. You shall not hold Davakana responsible for any such interactions and associated issues.

Any conversations that You have had with Family Doctor will be retained in our database as per the applicable laws and subject to confidentiality as laid out in the Standard Policies. Additionally, Davakana in no manner endorses any Practitioner who is acting in the capacity of Family Doctor, that You consult and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by such Family Doctor on the basis of the consultation. Further, Davakana shall not be responsible for any breach of service or service deficiency by such Practitioner. It is further clarified that Davakana is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible and owns no liability to either You or any Practitioner for any outcome from the consultation between You and such Practitioner. The Family Doctor benefit is made available to You to obtain consultation from a Practitioner as a part of the Health Service and is in no way intending to replace physical consultations with the Practitioner.

6. Prohibitions

You may view and access the content available on our Platform solely for the purposes of availing the Services, and only as per these Terms of service. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit our Platform or any portion of it unless expressly permitted by us in writing;
You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by our company
You may not make any commercial use of any of the information provided on our online Platform.
You may not impersonate any person or entity, or falsely state or otherwise mis represent your identity, age or affiliation with any person or entity.
You may not upload any content prohibited under applicable law, and/or designated as “Prohibited Content” under below section.

7. Prohibited Content

You shall not upload to, distribute, or otherwise publish through the Davakana Platform, the following Prohibited Content, which includes any content, information, or other material that:
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
belongs to another person and which you do not own the rights to;
is hateful, racially or ethnically objectionable, disparaging of any person;
relates to or seems to encourage Money laundering or gambling
violates any law in India for the time being in force;
communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;
incites any offence or prevents investigation of any offence or insults any other nation;

You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and/or immediately terminate your access to the Services and/or to our online Platform.

8. Delivery and Charges Policy

Davakana shall endeavour to deliver the order at the delivery address as provided to us while placing the order on our platform. However, any interruption or disruption caused in delivery due to any incorrect details provided to us on our online Platform shall not be our responsibility and any resultant losses/damages caused shall be your sole responsibility and will not be attributable to us in any manner whatsoever.

You shall undertake to provide accurate directions, information and authorizations to accept delivery of your order. Due to your failure to comply with the same, if the order stands undelivered, the order shall be deemed to have been delivered to you and all the risks and responsibilities in relation thereto shall pass on to you.

The delivery charges associated with each of your purchases will be displayed on the checkout page once you place an order on Davakana website. Any other applicable charges will also be displayed at the time of purchase and will be payable accordingly.

If you do not own a credit or debit card or do not wish to pay online, rather than making any advance online payment, Davakana COD option gives you the flexibility to pay the complete order amount on delivery through a point-of-service terminal or through cash as the case may be.

Delivery time periods specified on our platform shall always be non-binding under all circumstances inasmuch as delivery is a sum total of multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond our control.

9. International Delivery

International delivery is not available currently. You can access the website to order items while being located anywhere in the world, but the shipping address has to be in India.

10. Additional Information

Our Company shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched and
You will compensate our company for any extra cost incurred for redelivery in the event of a non- delivery in the first instance on account of a mistake by you (i.e. wrong name or address or any other wrong information).

11. Medicine Delivery Policy

Valid prescription from a doctor is mandatory for all medicine orders, apart from when the law permits dispatch of medicine without a prescription. You may be requested to upload a scanned copy of the prescription on the Davakana website.
You agree that the prescription uploaded by you will be examined by a registered pharmacist where applicable or necessary under law, and your order shall be considered confirmed only after the prescription is accepted by the Pharmacist.
You agree and consent to the particulars of your prescription will be recorded by Davakana in accordance with its obligations under applicable laws.
You may be required to display the prescription, whether offline or online, for the purpose of record keeping by Davakana at the time of picking up medicines or accepting delivery of medicines through an online order.

12. Data & Information Policy

We respect your right to privacy in respect of any personal information provided to us for the purpose of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy.

Our company will have a right to reject (either fully or partially) your order, in case it is found that the prescription shared by you is not as per the relevant applicable statutory requirements and same shall be informed to you through various communication channels.

13. Amendments

We may from time-to-time update or revise these Terms of Service. Every time you wish to use our online Platform, please check the relevant Terms of Service, and Privacy Policy to ensure you understand the terms that apply at that time.

14. Events Beyond our Control

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure to deliver Products when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

Strike, lockout or other forms of protest;
Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
Inability to use public or private transportation and telecommunication systems; and
Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.
Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

15. Reimbursement Claim

Any reimbursement claim made by a User 30 days after the date of the appointment is not valid.

16. Independent services

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Davakana.

17. Contact us

If you have any comments, queries or grievances regarding the Terms of Services and Privacy Policy, you may contact us, info@davakana.in.