Terms and Conditions

The website https://www.grouppharma.com is operated by Group Pharmaceuticals Limited (GP), a company incorporated under the Companies Act 2013, having its registered office at W/46(B), MIDC, Tarapur Industrial Area, Palghar District-401506.

The Terms and Conditions as set out herein constitutes an Agreement between Group Pharmaceuticals Ltd.[“we”, “us” or “our”] and a natural or legal person who accesses and/or uses the website in any manner [“you”, “your” or “user”] or uses and current or future service or functionality or offer made available on the website as amended or updated from time to time.

Please read the Terms and Conditions carefully before using the website. By using the website, you expressly agree to be bound by the Terms and Conditions as stipulated for the time being in force and as may be amended from time to time. If you have any further queries regarding our terms and conditions, please write to us bangalore@grouppharma.in or contact us at +91-802 337 7962.

These “Terms and Conditions” constitute an electronic record within the meaning and purview of the Information Technology Act, 2000 as applicable for the time being in force and as may be amended from time to time and this electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms and Conditions are divided into two parts. Please read both the parts carefully so as to fully understand and appreciate the terms applicable in the event of use of the website and purchase of products offered thereof.

PART-I: TERMS AND CONDITIONS FOR USE OF WEBSITE:

1. GENERAL

1.1 The terms and conditions for usage of the website as set out herein [collectively referred to as the ‘Agreement’] specifically govern your access and use of the Website , which provides a forum for you to inter alia enable you to discover, select and buy Product(s) or avail service(s) listed on the website at the indicated price at any time, from the locations serviceable by us.

1.2 Please note that we may from time to time change the Terms and Conditions that govern your use of the website. Every time you wish to use our Website, please check these Terms and Conditions to ensure you understand the Terms and Conditions that apply at that given point of time. Further, please note that we reserve the right to amend, revise, modify or change the format and the content of the Website or suspend the operation of the Website for support or maintenance work, in order to update the content or such other reason, at any time at our sole discretion.

1.3 Any accessing, browsing, or otherwise using the Website indicates your agreement to these Terms and Conditions, Privacy policy of the Website https://www.grouppharma.com/privacy-policy/ and any other policies or guidelines that may be applicable on the Website at the time of your access and usage of the Website and which may be updated from time to time.

1.4 We authorize you to view and access the Website solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return, Refund and Cancellation Policy and therefore, grant you a limited, revocable permission to access and use the Services.

1.5 By accepting this Agreement, you affirm that you are Eighteen years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with these Terms and Conditions. If a user is below Eighteen years of age, it is assumed that he/she is using/browsing the Website under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agreed to the terms and conditions of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of eighteen and is using/browsing the Website without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of an entity or organization, viz., firm, company, etc., you represent that you have appropriate authority to act on behalf of that entity or organization, and that such entity accepts this Agreement.

2. Your Account

2.1 In order to purchase Products or avail the Services on the Website and to use certain features of the Website, (For example, ordering product(s)/service(s), posting rating/reviews, etc.,), you must register an account with the Website and provide certain information about yourself including, your name, gender, email address, account password, mobile phone number and billing/shipping address.

2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Website and for restricting access to your computer, mobile and/or other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

2.3 You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, representatives, officers and persons working under us shall not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms and Conditions. You may be held liable for any losses incurred to us or any other user(s) due to unauthorized use of their account by you. We reserve the right to refuse access to the Website, terminate accounts, remove or edit content at any time without providing notice to you.

2.4 You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information. You can access and update the information you provided us with in the Your Account area of the website.

2.5 It is your responsibility to keep your email address up-to-date on your account registered at the Website so that we can communicate with you electronically.

3. Privacy

3.1 Please review our Privacy Policy https://www.grouppharma.com/privacy-policy/which also governs your visit to the website to understand our practices.

3.2 The personal information / data provided to us by you during the course of usage of the website will be treated as strictly confidential in accordance with the Privacy Policy and the applicable laws and regulations. If you object to your information being transferred or used, please refrain from using the website.

4. Access to Website

4.1 We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the complexities of the Internet, this cannot be guaranteed.

4.2 Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

5. License for website access

5.1 Subject to your compliance with these Terms and Conditions and payment of the applicable fees, if any, Group Pharmaceuticals Ltd. grants you a limited license to access and use of the website, but not to download (other than page caching) or modify it, or any portion of thereof.

5.2 This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools.

5.3 This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Group Pharmaceuticals Ltd. and/or its affiliates, as may be applicable.

5.4 You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Group Pharmaceuticals Ltd. and its affiliates without their express written consent. You may not use any meta tags or any other “hidden text” utilizing Group Pharmaceuticals Ltd. or its affiliates’ names or trademarks without the express written consent of Group Pharmaceuticals Ltd. and/or its affiliates, as applicable. Any unauthorized use terminates the permission or license hereby granted by Group Pharmaceuticals Ltd. and/or its affiliates, as applicable.

6. Intellectual Property Rights and Claims

6.1 All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Group Pharmaceuticals Ltd. and its affiliates or its content suppliers and is protected by the application laws of the land.

6.2 The compilation of all content on this website is the exclusive property of Group Pharmaceuticals Ltd. and its affiliates and is protected by the relevant Indian and International legislations.

6.3 All software used on this website is the property of Group Pharmaceuticals Ltd., its affiliates or its software suppliers and is protected by the relevant Indian and International legislations.

6.4 You may not systematically extract/ re-utilize parts of the contents of the website without the prior express written consent of Group Pharmaceuticals Ltd. and/or its affiliates.

6.5 In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for reutilization of any substantial parts of this website, without the prior express written consent of Group Pharmaceuticals Ltd. and/or its affiliates, as the case may be.

6.6 You may also not create and/or publish your own database that features substantial (i.e., prices and product listings) parts of this website without the prior express written consent of Group Pharmaceuticals Ltd. and/or its affiliates, as the case may be.

6.7 The trademarks, logos, designs, graphics, page headers, button icons, scripts, names, layouts and other marks indicated on our website are trademarks or registered trademarks of Group Pharmaceuticals Ltd. and the same shall not be used in connection with any product or service that is not owned by Group Pharmaceuticals Ltd., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Group Pharmaceuticals Ltd.

6.8 All other trademarks not owned by Group Pharmaceuticals Ltd. that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Group Pharmaceuticals Ltd.

6.9 Group Pharmaceuticals Ltd. and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us immediately at bangalore@grouppharma.in

7. USER WARRANTIES AND RESTRICTIONS

7.1 You represent and warrant that, (a) your use of the Website and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with the Website and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

7.2 You will use the Website for lawful purposes only and will not undertake any activity that is harmful to the Website or its content or otherwise not envisaged through the Website. You have a limited license to access and use the Website, solely for the purpose of availing the Services, subject to these Terms and Conditions.

7.3 You will not do any of the following:

7.3.1 Delete or modify any content on the Website, such as any information regarding the Services, their performance, sales or pricing;

7.3.2 Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Website;

7.3.3 Make false or malicious statements against the Services, Website or us;

7.3.4 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Website and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and/or the Services;

7.3.5 Introduce any trojans, viruses, any other malicious software, any bots or scrape the Website for any information;

7.3.6 Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;

7.3.7 Hack into or introduce malicious software of any kind onto the Website;

7.3.8 Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or

7.3.9 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “grieving” as those terms are commonly understood and used on the internet.

7.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Website, any information that:

7.4.1 belongs to another person and to which you do not have any right;

7.4.2 is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

7.4.3 harms minors in any way;

7.4.4 infringes any patent, trademark, copyright or other proprietary rights;

7.4.5 violates any law for the time being in force;

7.4.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

7.4.7 impersonates or defames another person; or

7.4.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

8. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

8.1 In your use of the Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Website or access any other third-party Websites linked to the Website. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party.

8.2 You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party Website and the contract under such instances remains between you and any such third party.

8.3 The content on the Website includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork (hereinafter referred to as ‘Content’). The Website may contain links to/ content of third party Websites/sites 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.

9. INDEMNIFICATION AND LIMITATION OF LIABILITY

9.1 You agree to indemnify, defend and hold harmless Group Pharmaceuticals Ltd its subsidiaries, affiliates and their respective officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs arising from your access to or use of the Website or the Services, violation of these Terms and Conditions, or infringement of any of our or any third-party intellectual property or other rights.

9.2 We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10. APPLICABLE LAW AND JURISDICTION:

These Terms and Conditions are governed by and to be interpreted in accordance with the laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Bangalore, India for the resolution of all such disputes.

11. GRIEVANCE MECHANISM

In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to the below mentioned coordinate:

Email Address: feedback@grouppharma.in

Phone No: +91 80 23377962

12. FORCE MAJEURE

We will not be held liable or responsible for any delay or failure to comply with the obligations under these Terms and Conditions, if the delay or failure arises from any cause which is beyond our reasonable control.

13. WAIVER

No provision in these Terms and Conditions will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

14. SEVERABILITY

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and Conditions and the remainder of these Terms and Conditions will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided that, in such event, these Terms and Conditions will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

15. AMENDMENT

These Terms and Conditions are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms and Conditions as available on the Website. Your relationship with the Website will be governed by the most current version of these Terms and Conditions, as published on the Website.

PART II – TERMS AND CONDITIONS OF SALE ON THE WEBSITE

The terms and conditions of sale as set out herein constitute an agreement between us and you and govern the terms and conditions on which you purchase your product(s)/ avail service(s) from us on or through the Website. By placing an order for any product/service with us or making a purchase of any product/service [hereinafter commonly referred to as ‘product’], you expressly agree to be bound by these Terms and Conditions of Sale.

These Terms and Conditions of Sale are in addition to the Agreement. These Terms and Conditions of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. OUR CONTRACT OF SALE

1.1 Listing and display of a product by us on the Website is our invitation to you to make an offer for purchase of such product. Likewise, the placement of an order on the Website by you is your offer to buy the Product(s) from us.

1.2 Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order containing the details of your order (i.e., the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

1.3 We only accept your offer and conclude the contract of sale for a product ordered by you, when the Product is shipped or dispatched to you and a e-mail confirmation and/or confirmation to your registered mobile number is sent stating that the Product has been shipped or dispatched (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order, for any reason whatsoever, before sending Shipment Confirmation to you.

1.4 If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

1.5 Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Website in the event there is a change.

1.6 Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

1.7 All orders placed on the Website are subject to the availability of such Product, our acceptance of your offer as per the foregoing clauses and your continued adherence to these Terms and Conditions of Sale.

2. RETURN, REFUND AND CANCELLATION

Please review the Return, Refund and Cancellation Policy of the Website which applies to products and services availed from us.

3. PRODUCT AVAILABILITY

3.1 We list availability information for the Products on the relevant webpage of the Website. Beyond what we say on that webpage or otherwise on the Website, we cannot be more specific about availability.

3.2 Please note that dispatch estimate is not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.

4. PRODUCT PRICING

4.1 All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.

4.2 Products in your shopping cart of the Website will reflect the most recent price as displayed on the Product’s information webpage on the Website.

4.3 Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.

5. Intellectual Property Rights

With regard to customized products ordered by the user, the user grants us the right to use the marks, words, designs, logos and such other intellectual property owned and/or licensed by it for the purpose of reproduction of the same on the products ordered by the user and we shall endeavor to fulfilling the order placed by the user according to the specifications as mentioned by the user and nothing in this clause shall extend or grant any right to the website beyond the scope of fulfillment of the order placed by the user.

6. LICENSES

You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.

7. TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.

8. ELIGIBILITY

8.1 Only persons who can enter into legally binding contracts i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use the Website and place an order with us.

9.1 If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on the Website only under the guidance of a parent or guardian.

10. LIMITATION OF LIABILITY

10.1 In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established.

10.2 We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of product by us to you was formed.

11. AMENDMENTS

We reserve the right to make changes to our policies and these Terms and Conditions of Sale at any time. You will be subject to the policies and Terms in force at the time you order the product(s) from us, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

12. FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control.

13. WAIVER

No provision in these Terms shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

14. APPLICABLE LAW AND JURISDICTION:

15. GRIEVANCE MECHANISM

Email Address: feedback@grouppharma.in

Phone No: +91 80 23377962