Terms & Conditions

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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE/MOBILE APPLICATION

 

1.    WHO WE ARE

a.    Our website/ mobile application (collectively referred to as “Site”) is operated and owned by Duly Care, a sole proprietorship, having its principal place of business at H-1402, Palm Drive, Sector 66, Gurgaon 122102,  (“Duly Care”, or “We” or “Our” or “Us” or “Company”). The website can be accessed through www.dulycare.in. 
b.    These Terms constitute a legal and binding contract between Duly Care and You (hereinafter referred to as “You” or “Your” or the “User(s)”).
c.    The Site is owned and maintained by Duly Care. Our Site is a platform that facilitates online purchases of Duly Care’s products and services. The Site also provides information and guidance related to contraception and sexual & reproductive health to User(s). These services would be made available to natural persons who have agreed to use the Site.
d.    Your access to and use of Our Site is subject to the following terms and conditions (“Terms”), including the applicable policies which are incorporated herein by way of reference and all applicable laws. 
 

2.    ACCEPTANCE OF THE TERMS
a.    By selecting “I agree” or clicking on the “I agree” button on Our Site, You confirm that You accept these Terms, without limitation or qualification, and that You agree to comply with them. 
b.    You are also responsible for ensuring that all persons who access Our Site through Your credentials/account are aware of these Terms and other applicable terms, conditions, and applicable national laws  and that they comply with them at all times. 
c.    Further, by accepting these Terms, You also accept and agree to be bound by Our policies, including the Privacy Policy, Shipping Policy, Return Policy , and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Site, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.  
d.    If You navigate away from the Site to a third-party website, You may be subject to alternative terms and conditions of use, privacy policy, and any other rules and guidelines, as may be specified on such website. In such event, the terms and conditions of use, privacy policy, and any other rules and guidelines applicable to that website will govern Your use of that website. 
e.    Duly Care has the right to amend these Terms of the Site at its sole discretion. Please ensure that You have read and understood these Terms every time You access and use the Site. 
f.    If You do not agree to these Terms, You must not use Our Site.  

3.    ELIGIBILITY OF USE 
a.    Use of the Site is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents, etc. are not eligible to use the Site. The products and services  shall also not be available to any User(s) suspended or removed from the Duly Care’s system for any reason whatsoever. 
b.    If You do not conform to the above qualification, You will not be permitted to put a requisition for the products/services through the Site. By accessing and using the Site, You represent that You are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services provided by the Site, through Your legal guardian in accordance with the applicable laws.  

4.    CHANGES TO THE TERMS 
a.    We reserve the right to revise these Terms and Conditions at any time. If We make material changes, we will notify You by posting a notice on the Website  and sending You an email notification. You can opt out of any revisions by visiting Your account settings and clicking the “Opt-Out” button within 30  days of the notification . If You opt-out, You will no longer be able to use the Website and Your account may be terminated. If You do not opt-out within 30 days, You will be deemed to have accepted the revised Terms and Conditions.

5.    CHANGES TO THE SITE 
a.    We may update and change Our Site from time to time to reflect changes to Our products, Our services offered, Our User’s needs, and Our business priorities. Equally, the material on Our Site may become outdated, and We make no commitment to update such material. 
b.    Duly Care has the right to amend these Terms of the Site at its sole discretion. Please ensure that You have read and understood these Terms every time You access and use the Site. 

6.    REGISTERING YOUR ACCOUNT
a.    Subject to the age restrictions outlined above, You may view and use many features of Our Site after registering on the Site, including but not limited to making purchases and placing orders. You will be responsible for maintaining confidentiality of Your account, and password, and restricting access to Your computer, and You hereby accept responsibility for all activities that occur under Your account and password.  You agree to immediately inform Duly Care of any unauthorized use of Your account or any breach of security about Your account registered with the Site. You agree and acknowledge that the information You provide, in any manner whatsoever, is not confidential  or proprietary and You will use Your account on the website to purchase products and services only for Your personal use and not infringe any rights of a third-party for business purposes.
b.    As part of the registration process on the Site, Duly Care may collect the following personally identifiable information about you: including first and last name, email address, mobile phone number, current location, demographic details such as age, gender, etc.,   the links You click on the Site, the number of times You access the page and any such browsing information. You have to keep Your account and registration details up-to-date with Your current and correct details for receiving communications related to Your purchases from the Site. For more details about the types of data that are collected on Our Site, You may refer to our Privacy Policy Notice. 
c.    You authorise Duly Care to contact You for any transactional purposes related to Your account.
d.    You agree to not have more than one active Account on the Site. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.  

7.    PURCHASING PRODUCTS & SERVICES FROM THE SITE AND USING THE SITE
a.    For placing an order, You can register and log in on the Site.
b.    You further agree and acknowledge that:
i.    All information, products, and services displayed on the Site, do not constitute an offer to sell. The order placed by You shall constitute an offer to purchase product/s  and services under these Terms at the price specified (including delivery fee and other charges).
ii.    Your order may be accepted or rejected due to any unforeseen circumstances. 
iii.    Before placing an order, You will check and verify the product or service description carefully. By placing an order for a product or service You are bound by the conditions of sale included in the product or service  description.
iv.    The prices and availability of the products and services are subject to change without prior notice to You, at the sole discretion of Duly Care.
v.    We may revise and cease to make available any product or service at any time. In the event, that We are unable to deliver the product or service, You will be notified by Your e-mail and/or Your registered mobile number   and Your order will be automatically cancelled due to the unavailability of the product or service. In such an event, Duly Care shall not be liable to pay any damages to You owing to cancellation and non-delivery of the order.
vi.    Duly Care has granted You a limited, non-exclusive, and non-transferable license to access and make personal and non-commercial use of the Site and not to download (other than page caching) or modify any portion of the Site. This license does not enable You to engage in any resale of the products ordered or to indulge in any commercial use of the of the Site or its contents contained therein. 
8.    PURCHASE OF PRODUCTS FROM THIRD-PARTY PLATFORMS
a.    While We showcase information about products (including medicines) on our Site, We may not sell them directly to You. In case we don’t sell products  directly to You, we will provide links to reputed third-party platforms where You can complete your purchase. Please be aware that upon clicking these links, You will be leaving Our Site and entering the third-party platform's environment. The third-party platform’s terms and conditions, privacy policy, payment mechanisms, and refund and delivery policies will then govern the purchase of the products.
b.    We encourage You to thoroughly review third-party terms before finalizing Your order. We want to be transparent about this relationship and ensure you have all the information necessary to make informed decisions.

9.    TELECONSULTATION 
a.    Teleconsultation Service: You may request telemedicine services (Teleconsultation) from Duly Care, subject to the terms described hereinafter. 
b.    Discretion with Duly Care: Duly Care reserves the right to accept or reject Your request for Teleconsultation at its sole discretion. In case Your request is rejected, You will be notified of the same. 
c.    Not for emergency use: The Teleconsultation offered through the Site is not for emergency situations. In case of an emergency, please call an ambulance or visit the nearest hospital. Duly Care expressly disclaims any responsibility or liability for handling any emergency situation or for any injury, death, or disability caused due to its healthcare professional’s either rejecting an emergency request or not addressing an emergency situation .
d.    Medium of Teleconsultation:  Teleconsultation may be provided via the following communication channels: call center helplines/telephones / mobile devices / tabs/ IM chats / online chats / WhatsApp/ SMS & text chats/app with and/or without camera and video facilities  , at the sole discretion of Duly Care. Reasonable efforts will be made to protect Your privacy and confidentiality across teleconsultation/telemedicine services . Before availing of Teleconsultation, You shall ensure that You have access to the appropriate means of technology and telecommunication to attend the Teleconsultation.
e.    Initial Health Assessment:  If You request Teleconsultation from Duly Care, You may be required to undergo an initial health assessment to ascertain and record Your health profile, medical history, family history, lifestyle, and preferences, before the Teleconsultation. Duly Care’s representative may reach out to You over any medium or platform for conducting the assessment, and You consent to receive communication from Duly Care’s representatives for the same.
f.    No commitment about appointments: You understand that the Teleconsultation will be provided by independent healthcare professionals.  Duly Care does not commit that appointments once confirmed will be attended by healthcare professionals.  However, in the event of cancellation of an appointment, or delay in honoring an appointment by a healthcare professional, Duly Care will make best efforts to organize alternate consultations as soon as possible. Notwithstanding the above, Duly Care will not be responsible or liable for any harm or loss that You may suffer as a result of the cancellation of an appointment or delay in Teleconsultation.
g.    Responsibility to share accurate and complete information: You shall ensure that the medical history and other health information provided by You is accurate, complete, and up to date. 
h.    Teleconsultation may be cancelled if You are not eligible: At the time of initial health assessment, or at the time of Teleconsultation, if the concerned healthcare professional is of the opinion that remote consultation is not appropriate for Your health condition, then Your Teleconsultation will be terminated, without liability to Duly Care or the healthcare professional. 
i.    Limitation of Teleconsultation: The inability to have direct and physical contact with You may impact the quality of healthcare service.  In some cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical decision-making by the healthcare professional. In some cases, the healthcare professional may require You to undergo diagnostic or other tests before teleconsultation may be initiated or concluded. In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information. If You proceed with the teleconsultation. You acknowledge that You are aware of the limitations of teleconsultation and are willing to undertake teleconsultation with a full understanding of its limitations. 
j.    Adverse Events: In certain cases, a lack of access to complete medical records or information may result in adverse drug interactions allergic reactions, or other judgment errors. You acknowledge and agree that if such an event occurs where You have failed to provide the appropriate information or medical history, neither Duly Care nor the healthcare professional shall be liable in any manner. 
k.    In-person Consultation: You undertake to visit a duly  qualified and experienced healthcare professional for an in-person consultation if Your clinical condition worsens for any reason. 
l.    Variation in diagnosis and treatment: The diagnosis and treatment plan determined during the Teleconsultation could change based on Your condition from time to time. The healthcare professional shall have the right to modify any prescription issued to You, or recommended new diagnostic tests, in light of any new health-related information about You that comes to the knowledge of the healthcare professional. 
m.    Specific Waiver of Liability: Duly Care does not make any guarantee or warranty regarding a favourable outcome of the teleconsultation.   Duly Care expressly disclaims any liability for any medical event that may occur, and any expenses incurred as a result of the same.
n.    No Doctor-Patient Relationship: Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Medical Information”) that may be available on the Site (including information provided in direct response to your questions or postings) may be generated by healthcare professionals. The provision of such Medical Information shall not create a doctor-patient relationship between Duly Care and You. Such Information does not constitute an opinion, medical advice, diagnosis, or treatment of any particular condition, but is only provided to assist You with locating appropriate advice from a qualified doctor/healthcare professional.

10.    TRACKER APPLICATION
a.    The Tracker application and related services are provided on an “as is” and “as available” basis without any warranties of any kind. Accordingly, Duly Care disclaims all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third-party rights, and fitness for a particular purpose. 

11.    DESCRIPTION OF THE PRODUCTS ON THE SITE 
a.    The product pictures are indicative and may not match the actual product. Duly Care has made every effort to display the colours of the products that appear on the Site as accurately as possible. However, as the actual colours You will see depend on Your monitor, Duly Care cannot guarantee that Your monitor’s display of a colour will be accurate.
b.    Duly Care reserves the right to correct, change, or update the information, errors, inaccuracies, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to the pricing and availability of the product.
c.    Duly Care intends to provide You with general information about Duly Care’s products. The information is not intended to constitute a personal medical suggestion or be used for any medical diagnosis or responsibility for the accuracy, completeness, appropriateness, or usefulness of the information. For any specific medical conditions or issues, You are advised to seek an opinion from a certified medical practitioner. Under no circumstances will Duly Care be liable for the information or the consequences or relying upon such information.
12.    RECOMMENDATION OF THE PRODUCT ON THE SITE
a.    Any recommendation made to You on the Site during the course of Your use of the Site is purely for informational purposes and for Your convenience and does not amount to an endorsement of the product by Duly Care or any of its holding, subsidiary, associates in any manner.
 

13.    USE OF OUR PRODUCTS
a.    The products available on the Site, and the samples, if any, that Duly Care may provide to You, are for Your personal use only. The products, or samples thereof, which You may receive from Duly Care, shall not be sold or resold by You for any commercial reasons.
b.    You are solely responsible for the use of any products purchased/received by You and agree that You do so at Your own risk. 
c.    All products contain product specifications and product claims (wherever applicable) including details of the ingredients used in manufacturing the product. The instructions for usage of products are provided on the packaging of the product and are also available/displayed on the Site.   You should carefully peruse the specifications/instructions/ingredients provided against each product on the Site. In addition to the same, You should only use the product for Yourself by adhering to the usage guidelines, storage directions, recommended usage/dosage, ingredient details, and other information related to the product as provided on the Site. If You are/may be allergic to any of the ingredients used in a product, You should not use the said product. Please note that We disclaim any liability arising due to improper or negligent use of the product purchased from the Site. 
d.    Further, if You are on any medication that may cause an allergy/adverse effect, if You suffer from any disorder, and/or if You have any special condition which may affect/be likely to affect the body/health, including but not limited to nausea, headaches, breast tenderness, bloating, and breakthrough bleeding, then kindly consult with Your doctor before consuming any product. 
 

14.    ORDER INQUIRIES
a.    You may check the status of Your orders by visiting the My orders/Your orders   page. This is the easiest and fastest way to get the most current information regarding Your orders. However, if You have any further queries, You may address the same to Duly Care customer care on the contact information provided hereinbelow. 
b.    If you have placed an order on the third-party platform, You will be able to check the status of Your Orders by visiting their website. 
 

15.    SHIPPING AND DELIVERY 
a.    The address at which delivery of the product, ordered by You, is to be made will be correct and proper in all respects. In the event of non-delivery or late delivery occurring on account of a mistake by You (i.e. wrong or incomplete name or address or any other wrong information), any extra cost incurred by the delivery partner for redelivery of the said order shall be borne by You, prior to the redelivery being arranged.
b.    You authorise Duly Care to contact You for any transactional purposes related to Your order.
c.    Duly Care shall not entertain any complaint after 15 days of the order having been delivered to You.
d.    Please review the Duly Care Shipping Policy   page so that You may understand Our shipping and delivery practices, procedures, and terms. The orders would be processed and delivered by Our delivery partner.   
e.    For products purchased through third-party platforms, the shipping and delivery policies of such third-party platforms will govern the transaction.
 

16.    INDEMNIFICATION 
a.    You agree to indemnify, save, and hold Us, Our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation to legal fees and expenses, arising out of or related to Your use or misuse of the Site, violation by You any of the terms, or any breach of the representations, warranties, and covenants made by You herein. We reserve Our right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third-party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive the termination of this agreement.
 

17.    OWNERSHIP AND PROPRIETARY RIGHTS
a.    We are the owner or the licensee of all intellectual property rights in Our Site and the material published on them. The intellectual property includes all trademarks, trade names, domain names, logos, service marks, patented inventions, and all content (whether or not registered under copyright) displayed on Our Site (collectively the “IP”). Nothing contained on the Site grants, expressly or implicitly, any licence or right to use any IP without the written permission of Duly Care or such third-party that may own the IP. 
b.    All rights, including copyright, in the Site are owned or controlled for these purposes by Duly Care. Except where expressly stated otherwise, You are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content on the Site for any purpose whatsoever without Our prior written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under applicable law. Any other rights, not expressly granted herein, are reserved.
c.    All materials published on the Site, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by Our copyrights or trademarks. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform, display, or in any way exploit any of the materials or content on the Site in whole or in part.
d.    All names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on the Site belonging to any person, entity, or third-party are recognized as proprietary to the respective owners, and any claims, controversy, or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocably confirm and undertake that We shall not be liable for any claims, expenses, and liabilities for the display or use of the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on the Site under license or rights or affiliation with the said person, entity or third-party.
e.    You may download material displayed on Our Site for Your own non-commercial, personal use, provided You do not remove or obscure Our copyright and other legal notices.  You may not, however, distribute, modify, transmit, reuse, re-post, copy, publish, license, or use the content of the Site, including the text, images, audio, and video, for business or commercial purposes or any purpose other than Your personal, informational use without Our prior consent. We intend to enforce Our IP rights to the fullest extent of the law. 
 

18.    LIMITATION OF LIABILITY 
a.    Your use of Our Site is at Your own risk. Neither We nor any other party involved in creating, hosting, or maintaining the Site shall be liable to the fullest extent allowed by law for any direct, indirect, incidental, consequential, or punitive damages arising out of Your access to (or inability to access), or use of (or inability to use), the Site or their contents. Without limiting the foregoing, the Site is provided to You “AS IS,” WITHOUT CONDITIONS, WARRANTIES OR REPRESENTATIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE. 
b.    Duly Care shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. Duly Care does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or use the Site.
c.    We will not be liable for any damage to Your computer equipment or other property on account of Your access to or use of the Site or Your downloading of any materials, data, text, images, video, or audio from the Site. We do not warrant that Our Site or the server are free from viruses or other harmful components. You are responsible for configuring Your information technology, computer programs, and platform to access Our Site. You should use Your virus protection software. 
 

19.    REPRESENTATIONS AND WARRANTIES 
a.    We do not warrant that the Site will be free from errors or omissions. 
b.    We make no representations regarding the use of or the result of the use/depiction of the contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. Duly Care shall not be liable for any loss suffered in any manner by the User as a result of depending directly or indirectly on the depiction of the Content on this Site.
c.    You acknowledge that this Site is provided only on the basis set out in the Terms. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside Our reasonable control including, without limitation, the unavailability, inoperability, or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.
d.    Duly Care through the Site intends to provide its Users with general information about contraception and sexual & reproductive health. The Site encourages its Users to interact with Duly Care and its representatives by asking questions that enable the User to obtain information of a general nature pertaining to contraception and sexual & reproductive health. The postings on the Site or on social networking sites or any information provided over chat or e-mails exchanged with Duly Care, its employees, or representatives (collectively referred to as "Information ") which are in furtherance of any communication made by the User with Duly Care, its employees or representatives is based on the background provided by the User. While Duly Care takes reasonable care to ensure that the Information is accurate, Duly Care makes no representation and takes no responsibility for the accuracy, completeness, appropriateness, or usefulness of the Information. For any specific medical conditions or issues, Users are advised to seek an opinion from a certified medical practitioner. In the event any User relies on the Information provided by Duly Care or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will Duly Care, its employees, representatives, or affiliates be liable for the Information or the consequences of relying on such Information.
e.    For any general information posted on the Site, Users must not infer or assume that such information necessarily applies to them.
 

20.    INFORMATION DOES NOT CONSTITUTE MEDICAL ADVICE
a.    The content and features on Our Site including information made available through chat/messaging, community, tracker, bot, learning resources, and/or by any other means, is made available to You for general information only. SUCH INFORMATION DOES NOT CONSTITUTE MEDICAL ADVICE. If You have questions about a particular medical condition, treatment, or pharmaceutical product with respect to Your situation, please consult Your personal doctor or other suitably qualified healthcare professional. 
b.    Although We make reasonable efforts to update the content and features on Our Site and ensure their accuracy and completeness, We make no representations, warranties, or guarantees, whether express or implied, that the content and features on Our Site are accurate, complete, or up to date.
 

21.    TERMINATION
a.    We reserve the right to restrict, suspend, or terminate these Terms and Conditions and your access to all or any part of the Site at any time without prior notice or liability if you breach any provisions of these Terms and Conditions.
b.    You agree to provide true, accurate, and authentic information in all instances where such information is requested from You by Duly Care. Further, Duly Care reserves its right to confirm, verify, and validate the information and other details provided by You at any point in time. If upon confirmation, Your details are found not to be true, partially or wholly, then Duly Care in its sole discretion has the right to take legal action/cancel Your registration  and to prohibit You from using any service of Duly Care without any prior intimation.
c.    We further reserve the right to terminate Your membership and/or refuse to provide You with access to the Site, at any time without assigning any reason, or if it is brought to Our notice or if it is discovered that You are under the age of 18 years.  
d.    You agree that We will not be liable to You or any third-party for any such termination. 
e.    Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
f.    We reserve the right to refuse access to use the services offered at the Site to new Users or to terminate access granted to existing Users at any time without according any reason for doing so and You shall have no right to object to the same.
g.    Upon termination for any reason, We will block Your access to the services and/or delete Your services account.
 

22.    WAIVER
a.    Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Our authorised representative.
 

23.    FORCE MAJEURE
a.    Duly Care shall not be liable to the User(s) for any delay or non-performance of its obligations arising from any cause beyond its reasonable control including but not limited to any act of God, governmental act, the act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, epidemics, pandemic(s), including but not limited to coronavirus (COVID-19) or any other health risk outbreaks, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or any other third-parties or, in relation to the services any technical or other problems affecting any operation of the services (a "Force Majeure Event").
 

24.    GOVERNING LAWS 
a.    These Terms and all transactions entered into on or through the Site and the relationship between You and Duly Care shall be governed in accordance with the laws of India without reference to conflict of laws principles.
b.    You agree that all claims, differences, and disputes arising under or in connection with or in relation hereto, the Site, the Terms or any transactions entered into on or through the Site or the relationship between You and Duly Care shall be subject to the exclusive jurisdiction of the courts at Delhi, India and You hereby accede to and accept the jurisdiction of such courts.
 

25.    ADVERSE EVENTS 
a.    If You experience an unexpected or negative reaction that You think might be related to Our products, it is important that You contact Us so that We can investigate the incident in more detail. 
b.    For any adverse events suffered please contact Us at hello @dulycare.in without delay. 
 

26.    USER OBLIGATIONS 
a.    You are prohibited from violating or attempting to violate the security of the Site, including, without limiting the foregoing, You agree that You will not use the Site to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
i.    is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
ii.    infringes any patent, trademark, copyright, or other proprietary rights;
iii.    contains viruses, corrupted files, or any other similar software or programs that are designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person’s computer, its Site, any software or hardware, or telecommunications equipment;
iv.    advertises or offers to sell any goods or services for any commercial purpose;
v.    is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chains.
b.    Duly Care is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine available on this Site.
 

27.    GENERAL 
a.    These Terms are the entire agreement between Us and You with respect to Your use of the Site. If any of these Terms are determined to be illegal, invalid, or otherwise unenforceable under the law, to the extent and within the jurisdiction in which that term is illegal, invalid, or unenforceable, such terms shall be severed and deleted from these Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. 
b.    Nothing contained in these Terms shall be construed as creating any agency, partnership, affiliation, joint venture, or other form of joint enterprise between us. Our failure to require Your performance of any provision hereof shall not affect Our full right to require such performance at any time thereafter, nor shall Our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms are for convenience only and shall not be used in its interpretation.
 

28.    PRIVACY POLICY
a.    Duly Care collects, processes, and shares data with third-parties, in accordance with its Privacy Notice, in order to provide, manage, and complete the delivery of products and services and to keep track of your product/service-related query/communications, symptoms, side-effects shared by You. We view the protection of Your privacy and information as a very important principle. Please view Our Privacy Policy Notice  , to understand how We collect, process, share Your information, and maintain data security practices in relation to Your information.
 

29.    COMMUNICATIONS FROM YOU 
a.    While we encourage engagement and feedback, we assume no obligation to respond to every message posted on our Site. However, we strive to make our best efforts to answer user inquiries in a timely manner. Please note that due to resource limitations, responses may not always be immediate.
b.    You are solely responsible for ensuring that all information You post or submit to our Site complies with all applicable laws and regulations. Your content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise objectionable. We reserve the right to remove any content that we deem to be in violation of these terms or any applicable laws and to report illegal activity to the appropriate authorities.
c.    Any communications to Us through the Site or otherwise, including any questions, comments, suggestions, ideas, or information, will be treated by Us as non-confidential and non-proprietary. Anything You transmit may be used by Us or Our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting, and shall be treated as subject to a grant of a worldwide, perpetual, non-exclusive, royalty-free, irrevocable and transferable license. Furthermore, We are free to use any ideas, concepts, know-how, or techniques You send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products using such ideas, concepts, know-how, or techniques. 
 

30.    COMMUNICATIONS BY US
a.    You hereby expressly agree to receive communications by way of SMS, e-mails, phone calls, or through any other legal means relating to the products/services offered by Duly Care.
b.    You can unsubscribe / opt-out from receiving communications from the Company through SMS and e-mail anytime by:
c.    Visiting  [insert link] to unsubscribe from messages/ SMS, and clicking on the “unsubscribe button”.  

 

31.    REPORT ABUSE/ GRIEVANCE REDRESSAL
a.    In the event, You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Site, please report it to Our customer support team.
b.    If You have any concerns about the Terms or grievances about the Site, the Product(s)/Services, or related privacy matters, please contact us with a thorough description and We will try to resolve the issue for You. Please address them to Our grievance redressal officer at:
E-mail:  hello@dulycare.in