General Terms and Conditions

Curetails General Terms and Conditions

Welcome to https://www.curetails.com/ (“Curetails.com”, ” Curetails “, “Website”, “we”, “us” “our”). This Website/App is managed and operated by Aryaa TechnoVenture Private Limited, a private limited company incorporated under the Companies Act, 2013 with its registered office at A-104, Kapil Co-operative Housing Society, B-56, Gokuldham, Goregaon East, Mumbai – 400063, Maharashtra.

The terms and conditions as set out herein (“Terms”) constitutes an agreement between the Company, and a natural or legal person who accesses and/or uses the Website in any manner (“you” or “your”).

The Website is a technology platform that facilitates online purchase by consumers of Veterinary pharmaceutical and other animal products including but not limited to medicines, supplements, prescribed food items, etc. for different kinds of animals, sold by Curetails’s business partner sellers who are licensed to sell these products (“Products”).

By using the Website, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please refrain from using the Website. Please note that your usage of the Website, the Products, offers or promotions in relation to the Products and the Services (defined below) as may be provided by us or our affiliates or third parties, shall be governed by these Terms and such other terms that may be applicable (“Additional Terms”).

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

Any individual who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. individuals who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the Website. Your access, or otherwise any usage of the Website means you agree to these Terms read with all the policies that may be available on the Website (collectively, the “Agreement”).

1. REGISTRATION OF YOUR ACCOUNT

a. In order to access or use the Website you must set up an account by providing information about yourself as prompted on the sign-up page of the Website which may include your name, gender, mobile number and such other details relevant for placing orders through your account. Your login ID and password will be created basis the information provided by you, which you can use to access your Curetails account at any time. Your credentials shared by you at the time of registration and your Curetails login ID and password are referred to as “Account Information”.

b. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of your Account Information. You shall remain solely responsible for all the actions by you on your account.

c. You will:

You may be held responsible for any losses incurred to our company or any other user due to unauthorized use of the account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to the Website, terminate or suspend accounts, remove or edit content at any time without providing any notice to you.

d. We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions.

2. COMMUNICATION AND UNSUBSCRIPTION

a. You understand that once you have shared your Account Information and successfully registered on the Website, you may receive SMS or email notifications from Curetails relating to your registration and transactions on the Website.

b. You consent to receive communications, notifications and commercial messages regarding any transaction / marketing / promotional activities that are related to your transaction on the website or the Products and Services that maybe available on the Website from time to time. By sharing your Account Information and registering on the Website and / or verifying your contact number with us, you explicitly consent to receive marketing / promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings.

c. While the Company endeavours to provide these notifications and reminders to you promptly, the Company does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.

d. You can unsubscribe/opt-out from receiving marketing/promotional communications, newsletters and other notifications from the Company at any time by following the instructions set out in such communications.

3. USER WARRANTIES AND RESTRICTIONS

a. You represent and warrant that:
i. Your use of the Website will not violate any applicable law or regulation;
ii. All information that is submitted to the Company in connection with the Website is true, accurate and lawful;
iii. Your use of the Website does not breach any applicable Website policies or guidelines and will not cause injury to any person or entity.

b. If at any time, the information provided by you is found to be false or inaccurate the Company will have the right to reject registration, cancel any or all orders, and restrict you from using the Website and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify the Company and its affiliates for all claims brought by a third party.

c. You will use the Website for a lawful purpose only, and will not undertake any activity that is harmful to the Company or 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.

d. You will not do any of the following:
i. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Website;
ii. Make false or malicious statements against the Product, the Website or the Company;
iii. 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 or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website;
iv. Introduce any trojans, viruses, any other malicious software, any bots or scrape the Website for any information;
v. 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;
vi. Hack into or introduce malicious software of any kind onto the Website;
vii. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.

4. DISLAIMER OF PRODUCTS

a. The Company is an online intermediary platform for the purchase of veterinary drugs and other pharmaceutical products, nutraceutical products and services (which shall also include Over the Counter (OTC) and animal wellness products) offered by Curetails’s business partner sellers. The Company and the website merely provide hosting and technology intermediary services to You and persons browsing/ visiting the Website. All items offered for sale on the Website, and content (including product descriptions, images and the like) made available by the Curetails’s business partner sellers, are third party content and describe third-party products and services. The authenticity, accuracy or genuineness of the Products and Services made available by the Curetails’s business partner sellers through the Website shall be their sole responsibility. The Company does not take any representation or warranty as to legal title of the Products and Services offered for sale by them on the Website. The sale & purchase / transaction between the registered third party(ies) and you facilitated by our website shall be governed by these terms. The company shall also not be a party to any dispute arising between you and the third party vis a vis any transaction except as herein provided for in these terms.

b. The content available on the Website, including but not limited to text, copy, audio, video graphics etc. is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by Curetails’s business partner sellers on the Website or any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, the Company shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Products and Services. Also, You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity or accuracy of the information provided on the Website and You must do Your own check. The ranking of goods and services as provided on the Platform are determined after collection of rating and feedback from the User, and the Company shall not be in any manner held responsible for accuracy of the same.

c. It is hereby clarified that that the sellers and manufacturers themselves are responsible for all compliances including but not limited to packaging, branding, storage, manufacturing of the Products including any labelling, mandatory declaration requirements, etc. under the applicable law. Seller and the manufacturers are liable to be compliant under the relevant provisions of applicable laws, including but not limited to the Legal Metrology Act, Drugs and Cosmetics Act, Food Safety and Standards Act, Drugs and Magic Remedies Act etc. and the rules made thereunder.

d. As a means to assist the users in identifying the Products of their choice, to the extent permitted by applicable law, we provide visual representations on the Website including graphics, illustrations, photographs, images, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of accuracy of such visual representation or description of the Products.

5. PRODUCTS

a. You understand that the Website may provide third-party services to help you locate and make appointments for consultation with veterinary doctor/registered practitioners and/or diagnostics and medicine related service. Please note that this service is provided by third-party, and the Website does not guarantee nor make any representation with respect to the correctness, completeness, or accuracy of such services. You should seek emergency help or follow-up care when required and continue to consult your primary veterinary health care provider as you may deem fit.

b. All communication between you and the third-party product/service provider is a separate transaction between you and such third parties. Any liability or claim arising out of such third-party products/service availed by you shall be between you and such third party. The Company disclaims any liability that may arise out of your communication, availing of such products/services (including but not limited to deficiency, shortcoming, and inaccuracy) with such third parties.

c.The products and the third party services are provided to you on an “as is” basis. We do not make any representations or warranties on behalf of the products and third-party services. The company does not covenant or provide any representations and warranties in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on the Website and that the services will be made available at all times.

6. INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold us harmless our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, violation of these Terms, or infringement of any of our or any third-party intellectual property or other rights. 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.

7. TERMS OF SALE ON THE WEBSITE

a. 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 the seller through us.

b. Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile SMS confirming receipt of your order and containing the details of your order.

c. 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.

d. 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. 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.

e. All orders placed on the Website are subject to the availability of such Products. The acceptance of the Offer would only be undertaken after the validation/ verification of the prescription by seller (in case of Prescription Drugs) and the ascertainment of the available stock (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You. It is hereby clarified that any reference of the term ‘offer/ offered for sale, as appearing in these Terms, shall be construed solely as an ‘invitation to offer for sale’ by seller.

f. As regards to Prescription drugs, their sale will happen only against a valid prescription. Sellers will verify the prescription forwarded by you and in case of any discrepancy observed by them, the order may be modified/cancelled. In certain circumstances there would also be an option of a Vet consultation to be offered to the client and only against a valid prescription, the Rx medicine order will be accepted. You are required to upload a scanned copy of the valid prescription on the Website. The sellers, with respect to any drugs or pharmaceutical products, may dispense only those quantities as are specified in the prescription. The delivery of your order is not in the Company’s control and the Company shall not be responsible for any delay.

g. You acknowledge and accept that as per the extent applicable laws within the territory of India the order for an alternate prescription drug would only be processed if:
i. a registered medical practitioner has permitted /approved/provided consent for any such other equivalent generic drug containing similar or substantially similar composition as the prescribed drug, to be dispensed in place of the prescription drug;
ii. or if the prescription lists the active pharma ingredient/salt names instead of a specific brand name, in which case also, dispensation of such drug shall be certified and approved by a registered medical practitioner, and
iii. You shall have provided Your consent in respect of such substitution of the prescribed drug.
iv. In the event of an invalid prescription or unavailability of the prescription drug, You may avail online tele-consultation with a registered Veterinary doctor through our platform, wherein the Veterinarian shall prescribe an alternate by replacing the original prescription. A prescription for such alternate drug may be made available to You at Your request. Any and all alternate prescription drugs are dispensed only on receiving consent from You. You further agree and acknowledge that any exchange (including but not limited to e-prescriptions) between the Vet and You over telephone or Video Call shall be recorded and preserved in the database of the Company for quality, assurance, monitoring, verification of compliance with applicable laws and value addition purposes; and the Company, the Platform, and the Vet shall have access to the same. All such exchange of information shall be utilised and processed strictly in accordance with the Privacy Policy made available on the Platform.

h. You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for your pet and for non-commercial use.

8. RETURN AND REFUND

a. Return Policy:
We do our best to ensure that the products you order are delivered according to your specifications. However, should you receive an
(a) incomplete order,
(b) expired product,
(c) damaged product,
(d) incorrect product,

Please notify the Curetails Support immediately within 7 working days of receiving the products, to ensure prompt resolution. Please note that Curetails will not accept liability for such delivery issues if you fail to notify us within 7 working days of receipt.

You cannot return a non-refundable Product; it is User’s responsibility to check whether the Product falls under returnable/non-returnable category before placing an order.

We also understand that various circumstances may compel you to return the product(s) that are not defective. In such a circumstance you must notify us within 7 working days of receiving the product and thereafter Curetails reserves the exclusive right to accept or reject the same.

b. Return Policy Exceptions:

Please note that we are unable to offer replacements or exchanges for some of the product categories.

Also, Curetails reserves the right to refuse returns (or refunds) for certain products, as marked in the respective product pages as “Note: This item cannot be returned for a refund or exchange“.

c. Refund Policy:
At Curetails, we do our best to ensure that you are completely satisfied with our products. And we are happy to issue a full refund based on the conditions listed below:
Full Refund Possible If:
i. you received a defective item
ii.the ordered item(s) is lost or damaged during transit.
iii. you have received the product that has crossed the expiry date

(Please note: Mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to 10 working days for the credit to appear in your account. While we regret any inconvenience caused by this time frame, it is the bank’s policy that delays the refund timing, and we have no control over that)
iv: Cash on Delivery: In order to process such refunds for COD orders, the User will be required to send an email to [email protected]. Thereafter, the User will receive a refund to User’s bank account. In case if it is to be refunded to User’s bank account, the User will have to provide the bank account details.

v: In those cases, the amount shall be refunded back to the source account of the User.

vi: How to Request a Refund: To request a refund, simply email us at [email protected] your order details, including the reason why you’re requesting a refund. We take User feedback very seriously and use it to constantly improve our quality of service.

9. PRODUCT AVAILABILITY
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. 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.

10. PRODUCT PRICING
a. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
b. 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. 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 vary between the time you place it in your shopping cart and the time you place the order. The price as applicable at the time of placing order shall be final.

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

12. LIMITATION OF LIABILITY
In no event, our aggregate liability, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. 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.

13. MISCELLANEOUS

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

b. Waiver
No provision in these Terms 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.

c. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms 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 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.

d. Amendment
These Terms 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 as available on the Website. Your relationship with the Website will be governed by the most current version of these Terms, as published on the Website.

e. Governing Law and Dispute Resolution
All disputes and claims arising out of these Terms in relation to any or all transactions on the Website is governed by the laws of India and shall be subject to exclusive jurisdiction of the competent courts of Mumbai. Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. The User agrees to use the service to authorise an individual and get the products from the third party on his/her behalf. Where you use any third-party website or the products or services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies.

f. GRIEVANCE REDRESSAL
Customer Support:
You may contact the Customer Support on 080 69454025
Grievance Officer:
Name: Ajith Chandran
Designation: Grievance Officer
Email Address: [email protected]
Call in number 080 69454025