When you use the Platform, you represent that you meet the following primary eligibility criteria:
You are at least 18 years old or accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.
If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you 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 by adults only.
You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the APL Platform.
You have not been previously suspended or removed by APL or any other Apollo group entity or disqualified for any other reason, from availing the Services.
APL reserves the right to terminate your membership and/or refuse to provide you with access to the APL Platformif APL discovers that you are under the age of 18 years.
Through the Platform, we provide you with the following services (“Services”):
Display, advertisement, sale and delivery of medicines including over the counter drugs, other pharmaceuticals products and certain fast moving consumer goods including cosmetics and food products, and private label products (“Products”);
Any other service that is made available on the Platform from time to time. The sale and purchase of Products on the APL Platform is solely undertaken by APL and no other Apollo entity. By transacting on the APL Platform in respect of any Products [or Services], you agree to be bound by these Terms and Conditions and are entitled to enforce any and all available remedies, under contract or law, only against APL. You further agree and acknowledge that the Products being purchased by you are being sold and fulfilled only by APL.
YOUR USE OF THE APL PLATFORM
As an end-user and recipient of Services, when you use the APL Platform, you agree to the following conditions of use:
Due diligence conditions:
Scope of Services:
a. APL sells products in various categories such as medicines, medical devices, vitamins and supplements, baby food, personal care, health foods and over the counter drugs, to end customers. APL does not sell any drugs listed in Schedule X of the Drugs and Cosmetics Act, 1940. b. APL engages in retail sale to end customers through both offline and online channels, i.e. through its outlets / physical stores as well its APL Platform. The APL Platform will display the inventory of products available in APL stores only in your region, based on the pin code entered by you on the APL Platform.
a. You may view and access the content available on the APL Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the APL Platform or any portion of it unless expressly permitted by APL in writing. b. 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 APL. c. You may not make any commercial use of any of the information provided on the APL Platform. d. You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. e. You may not upload any content prohibited under applicable law, and / or designated as “Prohibited Content” under Section 5 below. f.You may not resell any Products purchased from APL stores or the APL Platform.
a. The delivery charges associated with each of your purchases will be displayed on the checkout page once you place an order on the APL Platform. Any other applicable charges will also be displayed at the time of purchase and will be payable accordingly. b. Applicable refunds will be processed in accordance with the APL Payments, Returns and Refunds Policy available at. c. Pay on Delivery (“POD”) is a payment method by which you can pay for your ordered item(s) in cash when the courier company delivers the non-prescription orders to you at your delivery address. In case of prescription-required drugs, the delivery is done through APL staff. d. If you do not own a credit or debit card or do not wish to pay online, rather than making any advance online payment, APL POD option gives you the flexibility to pay the complete order amount on delivery through a point-of-service terminal or through cash. e. The POD option is available for selected locations only. Please note that if your pin code is not part of the POD serviceable pin code list, then the POD option will not appear in the final ordering page. f.We will inform you once the order is confirmed and when the items are shipped with an update on the approximate delivery time. g. We make our best efforts to ship each item in your order within 3 working days of the order. However in some cases, we may take longer to ship the order as we may have to procure it from some other stores or our suppliers. In the unlikely event that we are not able to ship your order completely within 7 days of the order, we shall cancel the remaining unshipped part of the order, and send you an email informing you about the same. In such cases, your payment against the unshipped part of the order shall be refunded, in the manner you have made the payment, in accordance with the APL Payment, Returns and Refund Policy. h. APL does not make any inter-state deliveries of medicine. Inter-state delivery of medicines are fulfilled through external delivery partners. APL may also engage external delivery partners for certain inter-city and local deliveries. Any delay, loss, harm, theft or damage arising from the shipping of products by the external delivery partner is the sole liability of the external delivery partner. APL shall not be held liable for the actions of the external delivery partner in any way whatsoever.
a. 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.
a. APL 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. b. You will compensate APL 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).
Medicine Delivery Policy:
a. 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 APL Platform. b. 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. c. You agree and consent to the particulars of your prescription will be recorded by APL in accordance with its obligations under applicable laws. d. You may be required to display the prescription, whether offline or online, for the purpose of record keeping by APL, at the time of picking up medicines or accepting delivery of medicines through an online order.
You shall not upload to, distribute, or otherwise publish through the APL Platform, the following Prohibited Content, which includes any content, information, or other material that:
a. belongs to another person and which you do not own the rights to; b. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force; c. is hateful, racially or ethnically objectionable, disparaging of any person; d. relates to or seems to encourage money laundering or gambling, e. harm minors in any way; f.infringes any patent, trademark, copyright or other proprietary rights; g. violates any law in India for the time being in force; h. deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; i.communicates any information which is grossly offensive or menacing in nature; j.impersonates another person; k. contains software viruses and malicious programs; l.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order; m. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; n. incites any offence or prevents investigation of any offence or insults any other nation; o. is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of AHEL or any other Apollo group company or affiliate who you may interact with for availing Services; and p. is not relating to the medical consultation or relating to any of the Services you avail from us.
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 the APL Platform.
By using the APL Platform and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold APL, its affiliates and any Apollo group companies, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees that the concerned indemnified persons may suffer on account of: a.your breach of these Terms; b.your use of the APL Platform and/or the Service; c.incorrect or inaccurate credit / debit card details provided by you; d.you using a credit / debit card which is not lawfully owned by you; e.you permitting a third party to use your password or other means to access your account; f.your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the APL Platform and/or the Service; g.you providing a false, forged, unauthorized or manipulated prescription or h.any action taken by APL as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.
LIMITATION OF LIABILITY
This section shall survive the termination of this Agreement and the termination of your use of our Services or the APL Platform.
DATA & INFORMATION POLICY
INTELLECTUAL PROPERTY AND OWNERSHIP
You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the APL Platform belong to us at all times or to those who grant us the license for their use. You are permitted to use this material and/or content only as expressly authorized by our licensors or us.No use of these may be made without the prior written authorization of APL.All Product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to APL, unless otherwise noted. The Marks on the APL Platform are variously protected by the laws of India. Use of any of these Marks may not be made without the prior written consent of APL, except for the sole purpose of identifying the Products or Services originating from APL.You acknowledge and agree that the material and content shown at the APL Platform is made available for your personal non-commercial use only and that you may download such material and content only for the purpose of using this APL Platform. You further acknowledge that any other use of the material and content of the APL Platform is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.The APL Platform may provide the opportunity for Registered Users to post reviews and other comments, questions, suggestions, or other information (“User Content”) on the APL Platform. You warrant that any such User Content submitted by you to the APL Platform is original (and does not infringe the copyright of others), and you hereby grant APL a perpetual, irrevocable, non-exclusive, royalty free license to use Shardul Amarchand MangaldasPrivileged and Confidential02 April, 20217such User Content so submitted, without any further recourse to you, and you hereby waive all rights in such User Content. APL has the right but not the obligation to monitor and edit or remove any activity or User Content, and takes no responsibility and assumes no liability for any User Content posted by you or content posted by any third party.
Please note that your payments are processed in accordance with applicable law and you may refer to our Payments and Refund Policy for details. By using our Services, you further confirm that you understand and agree to the following: a. That you will use the services provided by APL, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the APL Platform and transacting on the APL Platform. b. You will provide true, accurate, complete and current information in all instances where such information is requested of you. APL reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), APL has the right in its sole discretion to reject the registration and debar you from using the Services of APL and / or other affiliated websites without prior intimation whatsoever. c. That you using your best and prudent judgment before entering into any transaction through this APL Platform doing so at your sole risk.
APL reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract, to any third party.If any part of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other Terms shall not be affected.These Terms do not create or confer any rights or benefits enforceable by any person that is not a party.No delay or failure by APL to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of APL.These Terms including the documents or other sources referred to in these Terms supersede all prior representations, understandings and agreements between you and APL relating to the use of the APL Platform (including the use of Services and/or order of Products) and sets forth the entire agreement and understanding between you and APL for your use of the APL Platform.When you visit the APL Platform or send e-mail to us, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by e-mail or by posting notices on the APL Platform. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
THIRD PARTY LINKS AND RESOURCES
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: a. Strike, lockout or other forms of protest b. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster. d. Inability to use public or private transportation and telecommunication systems. e. 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 fulfil 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.
a. We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions. b. For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.
APPLICABLE LEGISLATION AND JURISDICTION
The use of our APL Platform and the contract between you and APL shall be governed by the laws applicable in India, without regard to the conflict of law rules. Any dispute relating to the use of our Services will be only resolved exclusively in the Courts at Hyderabad, India but not in any other Court.