1.What is thenaturalherbs?
1. The domain name www.thenaturalherbs.com, an internet-based portal and thenaturalherbs a mobile application, is owned and operated by thenaturalherbs Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, 2020 (hereinafter referred to as “thenaturalherbs” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.
4. The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies and manufacturers (“Third Party Pharmacies”); (ii) diagnostic services being offered by various third party diagnostic centers (“Third Party Labs”); (iii) online medical consultancy services/ second opinion being offered by third party independent doctors (“Medical Experts”); and (iv) online advertisements of various sponsors advertising and marketing their good and services (“Third Party Advertisers”) and (v) diagnostic services being offered by the laboratories operated by the Company (“Company Labs”). The Third Party Pharmacies, Third-Party Labs, Medical Experts, and the Third-Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further, the Website also serves as an information platform providing health and wellness related information (“Information Services”) to the Users accessing the Website (The services of the Third Party Services Providers, the diagnostic services offered by the Company Labs and the Information Services are collectively referred to as the “Services”).
• the Indian Contract Act, 1872 (“Contract Act”);
• the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
• the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
• the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
• The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
• Pharmacy Act, 1948 (“Pharmacy Act”) and
• the Consumer Protection Act, 1986.
1. 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 thenaturalherbs in this regard. As part of the registration process, thenaturalherbs may collect the following personal information from You:
• User ID;
• Email address;
• Address (including country and ZIP/ postal code);
• Phone number;
• Password chosen by the User;
• Valid financial account information; and
• Other details as You may volunteer.
3. A registered id can only be utilized by the person whose details have been provided and thenaturalherbs does not permit multiple persons to share a single log in/ 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.
4. Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
5. You agree and acknowledge that You would(i) create only 1 (one) account; (ii) provide accurate, truthful, current, and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify thenaturalherbs if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
6. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by thenaturalherbs 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, thenaturalherbs may allow authorized third parties to place or recognize a unique cookie on the Your browser. thenaturalherbs does not store personally identifiable information in the cookies.
3. USE OF SERVICES AND THE WEBSITE
1. E-Commerce Platform for Pharmaceutical Products –
1. Platform to facilitate the transaction of business:
1. Through the Website, thenaturalherbs 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 thenaturalherbs 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 content and third-party products. thenaturalherbs 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 thenaturalherbs shall have no liability concerning the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
2. You understand and agree that all commercial/contractual terms, concerning the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the Third Party Pharmacies and the contract for the purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.
3. 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. thenaturalherbs 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.
2. Representation as to legal title
1. thenaturalherbs does not make any representation or warranty as to the legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website. At no time shall any right, title, claim, or interest in the products sold through or displayed on the Website vest with thenaturalherbs nor shall thenaturalherbs have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.
2. You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies or did not have the absolute right, title, and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.
3. Non-Performance of Contract
You accept and acknowledge the following:
1. thenaturalherbs is not responsible for any unsatisfactory, delayed, non-performance, or breach of the contract entered into between You and the Third Party Pharmacies for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website;
2. thenaturalherbs cannot and does not guarantee that the concerned Third Party Pharmacies will perform any transaction concluded on the Website;
3. The Third Party Pharmacy(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, thenaturalherbs is not responsible if the Third-Party Pharmacy(s) does not satisfy the contract for the sale of Pharmaceutical Goods and Services which are out of stock, back-ordered, or otherwise unavailable, but were shown as available on the Website at the time of placement of the order by You; and
4. thenaturalherbs shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Pharmacies. In particular, thenaturalherbs does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.
4. Exhibition of drugs and publication of Third Party Pharmacies content on the Website
1. You agree and acknowledge that the respective Third Party Pharmacies are exhibiting Third Party Content which includes a catalog of drugs/ pharmaceutical products or services, and information about such drugs/ pharmaceutical products or services, on the Website.
2. The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
3. You acknowledge and agree that such Third Party Pharmacies shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over-emphasis on the specifics of such Pharmaceutical Goods and Services to mislead the Users in any manner. You acknowledge and understand that 1 mg provides no warranty or representation concerning the authenticity/ veracity of the information provided on the Website and You must run Your independent check. You agree and acknowledge that thenaturalherbs has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third Party Pharmacies on the Website. Further, it is hereby clarified that the Third Party Pharmacies are offering the Pharmaceutical Goods and Services for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold thenaturalherbs responsible or liable for any damages arising out of such reliance on third party user-generated content by You.
5. Prescription Drugs
1. The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email the same to thenaturalherbs. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by thenaturalherbs until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by You and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by You, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
2. thenaturalherbs shall maintain a record of all the prescriptions uploaded by the Users.
6. Substitution of Prescribed Drugs
1. You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
2. You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
7. Invitation to offer for sale
8. Transfer of Property and Completion of Sale
1. Upon acceptance of the Offer by the concerned Third Party Pharmacy (being the brick and mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Pharmacy, wherever required under the applicable law(s).
2. 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.
3. 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.
9. Delivery of Drugs
1. You agree to appoint an individual who shall act in the capacity of Your agent and collect the medicines as requested by You from Third Party Pharmacy on Your behalf (“User-Agent”). You accept and acknowledge that the User-Agent shall be responsible to collect the medicines ordered by You from the Third Party Pharmacy and carrying them to the address notified by You.
2. You further agree and acknowledge that the User-Agent acts as Your agent for collecting the medicines from the Third Party Pharmacy. 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.
4. Review: All the advertisements are subject to the review and approval of thenaturalherbs. thenaturalherbs reserves the right to reject or remove any advertisement at its sole discretion for any reason. Further, thenaturalherbs also reserves the right to request modifications to any advertisement and to require factual substantiation for any claim made in an advertisement.
5. Prohibited Content: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
1. content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
2. content depicting nudity, sexual behavior, or obscene gestures;
3. content depicting drug use;
4. content depicting excessive violence, including the harming of animals;
5. shocking, sensational, or disrespectful content;
6. deceptive, false, or misleading content, including deceptive claims, offers, or business practices;
7. content that directs users to phishing links, malware, or similarly harmful codes or sites; and
8. content that deceives the Users into providing personal information without their knowledge, under false pretenses, or to companies that resell, trade, or otherwise misuse that personal information.
10. Prohibited Advertisements: Advertisements for the following products and services are prohibited:
1. adult products and services (other than contraceptives; see below);
2. cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
3. products or services that bypass copyright protection, such as software or cable signal descramblers;
4. products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
5. get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
6. illegal or recreational drugs or drug paraphernalia;
7. counterfeit, fake or bootleg products, or replicas or imitations of designer products;
8. firearms, weapons, ammunition, or accessories;
9. advertisements that promote particular securities or that provide or allege to provide insider tips;
10. any illegal conduct, product, or enterprise;
11. unapproved pharmaceuticals and supplements;
12. prescription drugs;
13. products that have been subject to any government or regulatory action or warning;
14. products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
15. material that directly advertises products to or is intended to attract children under the age of 13.
11. Prohibited Advertisements under the Drugs and Magic Act:
1. subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggests or are calculated to lead to the use of that drug for –
1. the procurement of miscarriage in women or prevention of conception in women; or
2. the maintenance or improvement of the capacity of human beings for sexual pleasure; or
3. the correction of menstrual disorder in women; or
4. the diagnosis, cure, mitigation, treatment, or prevention of any disease, disorder, or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder, or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or
5. prohibition of misleading advertisements relating to drugs;
6. subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
1. directly or indirectly gives a false impression regarding the true character of the drug; or
2. makes a false claim for the drug; or
3. is otherwise false or misleading in any material particular.
2. It is hereby clarified that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the Rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the Rules made thereunder.
12. Restricted Advertisements: Advertisements in the following categories are restricted and require approval on a case-by-case basis:
1. advertisements that promote or reference alcohol;
2. advertisements for online dating services;
3. advertisements for gambling and games of skill;
4. advertisements for lotteries;
5. advertisements for financial services;
6. advertisements for contraceptives;
7. advertisements for online pharmacies or pharmaceuticals; and
8. political advertisements.
9. Testimonials & Endorsements:
13. OTHER TERMS
1. Your Profile, Collection, Use, Storage, and Transfer of Personal Information:
0. Your thenaturalherbs profile is created to store records of Your Consultations and Your personal health information online, including history, health conditions, allergies, and medications.
1. Any information provided as part of a web Consultation or obtained from the use of the Services by You becomes part of Your thenaturalherbs record. 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. thenaturalherbs 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 thenaturalherbs’s record or the Services. Please make sure You provide a valid email-id and You update it as and when needed.
1. the type of information collected from Users, including sensitive personal data or information;
2. the purpose, means, and modes of usage of such information; and
3. how and to whom thenaturalherbs will disclose such information.
1. the fact that the information is being collected;
2. the purpose for which the information is being collected;
3. the intended recipients of the information;
4. the name and address of the agency that is collecting the information and the agency that will retain the information; and
5. the various rights available to such Users in respect of such information.
4. thenaturalherbs shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to thenaturalherbs or any other person acting on behalf of thenaturalherbs.
6. The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify thenaturalherbs of any actual or suspected unauthorized use of the Users’ account or password.
7. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or thenaturalherbs has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, thenaturalherbs shall have the right to suspend or terminate such account at its sole discretion.
14. Payment, Fees and Taxes:
0. Registration on the Website and the access to the information provided on the Website is free. thenaturalherbs does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the respective Third Party Pharmacies for purchase of Pharmaceutical Goods and Services from such Third Party Pharmacies. The Third Party Pharmacies may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold thenaturalherbs 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 Party Pharmacies or the collection agents or for any actions/ omissions which are beyond the control of thenaturalherbs.
1. In relation to the diagnostic services being availed from the Website, Third Party Labs agree to pay all package fees, consulting fees and other fees applicable to the Third Party Labs use of such Services and the Third Party Labs shall not circumvent the fee structure. The fee is dependent on the package that the Third Party Labs purchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments directly to the respective Third Party Labs for use of the diagnostic Services from the Website. You agree and acknowledge that You shall not hold thenaturalherbs responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third Party Labs’ any actions/ omissions which are beyond the control of thenaturalherbs.
2. Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. thenaturalherbs is in no way responsible for any of the taxes except for its own income tax.
3. The subscription fees for the Services, if any charged by thenaturalherbs, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. thenaturalherbs 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 thenaturalherbs. 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 thenaturalherbs at the following address: thenaturalherbs Technologies Private Limited, 5th Floor Tower –B of The Presidency Building, 46/4 Mehrauli Gurgaon Road, Sector 14, Gurgaon, Haryana-122001, India.
4. All fees are exclusive of applicable taxes.
5. thenaturalherbs reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
7. Available payment methods: Wallets: Paytm, AmazonPay, Mobikwik, AirtelMoney, Freecharge, OlaMoney, JIO Money, PhonePe, MPESA UPI – BHIM and GooglePay. All debit and credit cards. Cash on delivery for offline payments.
8. Applicable payment charges: No charges levied.
9. 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).
10. Security details in relation to payment methods: API integrated.
11. Charge-back options: No.
15. Return, Refund, Cancellation and Shipping charges:
0. Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –
1. belongs to another person and to which such Covenanter does not have any right;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. infringes any patent, trademark, copyright, or other intellectual proprietary rights of any third party;
4. violates any law for the time being in force;
5. impersonates another person;
6. harms minors in any way;
7. deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive and menacing;
8. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made thereunder; and
10. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
16. Contact Information