TERMS AND CONDITIONS
This document is a legally binding agreement between you and SARUMAM PHARMACY. Please read the following terms and conditions very carefully as your use of the services provided by Sarumam Pharmacy through its Website and Mobile Application (hereinafter referred to as ‘Services’) is subject to your acceptance of and compliance with the following terms and conditions (“Terms”). This website/mobile application is owned and maintained by Sarumam Pharmacy.
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms & Conditions constitute a legal and binding contract between You and Sarumam Pharmacy as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
In these Terms, references to "you", "User" shall mean the end user accessing the Website https://sarumam.com/ or the Mobile Application https://sarumam.com/links/254600535668d621a50abb9e (which website and Mobile Application are hereinafter referred to as ‘Sarumam Platform’) the contents of either and using the Services offered through the Website/Mobile application. "Service Providers" mean independent third-party service providers, and "we", "us" and "our" shall mean Sarumam Pharmacy, its franchisor, affiliates and partners.
In addition to these Terms and by subscribing to our services, you accept Sarumam Pharmacy’s Privacy Policy, Delivery and Shipping Policy and Refund and Return Policy, as they are incorporated by reference in these terms.
Sarumam Pharmacy may update these terms at any time. Any changes to the Terms will be posted on this page. Once posted, the updated Terms will be effective immediately. It is your responsibility to review the Terms on a regular basis to keep yourself informed of changes. By continuing access, the Sarumam Platform or use of its services, you agree to be bound by the updated terms.
1. Introduction:
1.1. Sarumam Pharmacy, a pharmacy located in Chennai, provides customer care any time of the day. It provides varied pharmaceutical products that are delivered to one’s doorstep through our highly qualified and experienced team. Sarumam Pharmacy’s website can be accessed from https://sarumam.com/shop and the Mobile Application can be accessed from https://sarumam.com/links/254600535668d621a50abb9e (‘Sarumam Platform’).
1.2. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Sarumam Pharmacy at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
1.3. By accessing the platform, you agree to give your consent to the terms provided hereunder or any other terms which may be applicable to you from time to time.
1.4. By availing any of our services or even visiting our website or downloading our application, you agree that you have read, understood, and are bound by the Terms and Conditions that follow and that you are over 18 years of age and can legally enter a contract, including for purchase or sale of goods. You also understand and agree that you must provide only true, legitimate and valid information for any operation and transaction on Sarumam Platform.
1.5. You agree to receive promotional SMSs and e-mails from Sarumam Platform and its allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to care@sarumam.com indicating that you do not wish to receive promotional SMSs and emails.
1.6. If you do not wish to use our services, we strongly recommend that you delete our cookies, clear your cache and uninstall our application.
2. Account and Conditions for Registration
2.1. You shall be eligible to access our services in the Sarumam Platform only if you are competent and eligible to contract and be bound by this Terms & Conditions in the jurisdiction where you reside as well as under the laws governing this Terms & Conditions.
2.2. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access and avail our Services on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.
2.3. You further confirm that
you are legally entitled to pay for the Services (if any) and that if someone
else is making such payment on your behalf, they will be made aware of these
Terms & Conditions before they make such payment.
2.4. You may not access or use Sarumam Platform and may not accept these terms if you are not 18 years or are not permitted to receive any services under the laws of India or any jurisdiction in which you are a resident or citizen.
2.5. You must register and have a user account on Sarumam Platform to use its services.
2.6. If
you use Sarumam Platform, you shall be responsible for maintaining the
confidentiality of your display name and password and you shall be responsible
for all activities that occur under your display name and password. You agree
that if you provide any information that is untrue, inaccurate, not current or
incomplete or we have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, or not in accordance with the
Terms & Conditions, we shall have the right to indefinitely suspend or
terminate or block access of your membership on Sarumam Platform and refuse to
provide you with access to the Sarumam Platform.
2.7. You must provide the following documentation/information:
i. Full Name
ii. Age
iii. Date of Birth
iv. Permanent Address / Shipping address
v. Mobile number
vi. Email Address
vii. Other information as required by Sarumam Platform
2.8. Upon creation of a user account, Sarumam Platform will request a password to be created.
2.9. You will be solely
responsible for maintaining the confidentiality and security of your account
number and password. You may not share, assign, or permit the use of your user
account or password with another person, even those within your own business.
You agree to notify Sarumam Platform immediately if you become aware of any
unauthorized use of your user account or password.
2.10. Sarumam Platform
has the right to reject the creation of a user account for any reason.
2.11. When you use any Sarumam Platform service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on care@sarumam.com or through our message center. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless applicable laws specifically require a different form of communication.
2.12. By registering as a user, you acknowledge that Sarumam Platform may launch, change, upgrade, impose conditions on, suspend or stop any services or features without prior notice.
3. User Accounts
3.1. You
shall ensure that the Information provided by You is true, complete, accurate
and up to date.
3.2. Use of another User's credentials for availing the services offered by Sarumam Platform is expressly prohibited.
3.3. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Sarumam Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sarumam Platform has the right to suspend or terminate your account.
3.4. You agree that all use of Sarumam Platform, and all activities that occur under your account(s) will be considered authorized by you, and that you solely bear the responsibility for the consequences of the misuse of your account.
3.5. Sarumam Platform may limit, suspend, or withdraw your user account at any time, without notice, for breach of these Terms, or for any reason.
4. Services & Deliverables
4.1. The services offered by Sarumam Pharmacy and the manner of availing of each of the services is more particularly set out as features under the Sarumam Platform.
4.2. You may avail of the Services and utilize the deliverables that are generated in the course of availing of the Services ("Deliverables") only in accordance with this Terms & Conditions.
4.3. You may not access Sarumam Platform if you are our direct competitor, except with our prior written consent. In addition, you may not access Sarumam Platform for purposes of monitoring our availability, performance, or functionality, or for any other benchmarking or competitive purposes.
5. Products for sale on Sarumam Platform
5.1. All prices listed on Sarumam Platform are in Indian National Rupees and are inclusive of taxes. Additional delivery charges are applicable.
5.2. The price of listed products may change from time to time.
5.3. No discounts or reduction in prices other than what is mentioned on Sarumam Platform. In case of any change in the price after an order has been placed, the revised price shall not be applicable.
5.4. For conclusion of an order, the order must be placed with or without payment and mere adding of items to the cart will not be deemed a sale.
5.5. If an order has been placed for a product that has been underpriced or incorrectly priced, we reserve the right to cancel the order and in case of a pre-paid order, the amount will be refunded to you within 5 to 7 business days.
5.6. You further agree that your purchase of any of the products on Sarumam Platform is at your own risk.
6. Contents posted on Sarumam Platform
6.1. Except as expressly provided in this Terms and Conditions, no part of Sarumam Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, Sarumam Platform or other medium for publication or distribution or for any commercial enterprise, without Sarumam Pharmacy’s express prior written consent.
6.2. You may use information on the products and services purposely made available on the Sarumam Platform for downloading, provided that You
i. do not remove any proprietary notice language in all copies of such documents,
ii. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
iii. make no modifications to any such information, and
iv. do not make any additional representations or warranties relating to such documents.
7. Not Medical Advice
7.1. The content provided by Sarumam Platform is for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. We shall in no event be liable for any damages caused to you due to you following the contents.
8. Payment
8.1. All payments will be processed by a third-party payment gateway provider.
8.2. We do not store or save your credit card, debit card, e-wallet, UPI, or banking information in any manner without your permission.
8.3. In case of any technical error or failure in a transaction made through such payment gateway, we will do our best to rectify the error. If the amount has been deducted but the order has not been confirmed, the deducted amount will be credited to your account within 7 to 10 business days.
8.4. We are not responsible for any fraudulent or unauthorized transaction and may not be able to undo an executed transaction.
9. Delivery
9.1. Sarumam Pharmacy delivers the products to the Buyers directly and does not rely on third-party delivery partners or the sellers. In case of any delay in delivery or damage to the product(s), Sarumam Pharmacy is neither responsible nor liable.
9.2. We are not responsible for any incorrect or change in the delivery details provided by You. We are also not responsible for any delay in delivery and advise you to consider the indicated delivery date/time as purely indicative and not definitive.
9.3. All ownership, title and risk in the products transfer to You immediately upon delivery of the products.
9.4. If You are not available
at the address of delivery and if the products are left with a designated
person, neighbor or guard, we will not be responsible or liable for any claims
of damage or non-delivery and it shall be your duty to prove that the delivery
was not made as per accepted delivery instructions.
10. Cancellation and Refund
10.1. Products once sold and delivered will not be exchanged or refunded except in the following circumstances:
a. The buyer has received products which are different from their order.
b. The order was delivered damaged or incomplete.
10.2. In case of different, damaged, or incomplete order, the Buyer may directly contact Sarumam Pharmacy for a replacement or refund.
10.3. Sarumam Pharmacy has their own Cancellation and Refund Policy. Please read each of the policies prior to making a purchase.
11. External and Affiliate Links
11.1. Although we make every effort to ensure links to
external websites ("External Website") are accurate, up-to-date, and
highly relevant to the article or blog posted by us, we do not in any way,
manner or form, endorse the contents thereof. If you do happen to come across
any links that no longer work or point to an incorrect External Website, kindly
inform us of the same.
11.2. We shall not be liable for any product or services ("External Product(s)") that you purchase or avail of by clicking such links posted/displayed on our Website, which leads you to an External Website. All rights, risks, obligations and liabilities with respect to such External Products shall be in accordance with the terms and conditions of the External Website.
11.3. Other than the Services we provide, Sarumam Pharmacy receives funding via affiliate promotions. In the interests of disclosure and ethics, we want to be open about how we fund our services. Besides displaying advertising and other paid sponsorships, we may also receive commission if you purchase an External Product from an External Website that we provide a link to in our apps. We want to be clear that any reviews we publish are driven entirely by our editorial staff or contributors based on their personal opinions. Please note that links to any External Website from our Sarumam Platform may include links to affiliate products or services. This means that we will earn a commission (payment) if you go on to perform a certain action as determined by the individual affiliate program; these actions can include downloading a free trial, purchasing a product, signing-up for a service, etc. but are not exclusive to these methods. Banner advertisements displayed in text format may display ads or links to sites that are not under our control.
12. Warranties and Representations
12.1. The user acknowledges, understands and agrees to the following:
i. By using this platform, it
is deemed that You have consented to receiving telephonic calls, SMSs and/or
emails from us or any of our third parties associated with Sarumam Platform.
Such communications shall be sent to You on the telephone number and/or email
id provided by You for the use of this Application which are subject to our
Privacy Policy. Such communication by us is for purposes that inter alia
includes clarification calls, marketing calls and promotional calls.
ii. Sarumam Pharmacy is not liable for any information provided by You that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Sarumam Pharmacy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, and Sarumam Pharmacy has the right to suspend the services to You at its sole discretion.
iii. It is solely your responsibility to keep your correct mobile number and email ID updated at all times. Sarumam Pharmacy is not responsible for any loss or inconvenience caused due to your failure to update your contact details on the Sarumam Platform.
iv. You acknowledge that Sarumam Pharmacy is a mere facilitator and does not fall within the purview of the National Medical Commission Act, 2019, and the rules and regulations framed/ recognized thereunder.
13. Sarumam Pharmacy Warranties
13.1. Sarumam
Platform may be linked to the website of third parties, affiliates, and
business partners. Sarumam Platform has no control over, and is not liable or
responsible for content, accuracy, validity, reliability, quality of such
websites or made available by/through our Website. Inclusion of any link on the
Website does not imply that Sarumam Platform endorses the linked site. Users
may use the links and these services at their own risk.
13.2. The
Platform is provided on a best-efforts “AS IS” basis. While we strive to
maintain the highest levels of service availability, Sarumam Pharmacy is not
liable for any interruption that may be caused to your access to the Services.
13.3. It is hereby expressly clarified that, the Information that you obtain or receive from Sarumam Pharmacy, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. Under no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
14. Intellectual Property Rights
14.1. Sarumam Pharmacy and its related logos and words on https://sarumam.com/ are registered trademarks of Sarumam Pharmacy and are protected by the trademark laws and other intellectual property rights and laws. Sarumam Pharmacy’s trademarks may not be used in connection with any service or products that other than Sarumam Pharmacy’s, without its written consent. All other trademarks not owned by Sarumam Pharmacy that appear on https://sarumam.com/ are the property of their respective owners, who may or may not be affiliated with Sarumam Pharmacy.
14.2. Sarumam Pharmacy is the sole owner or lawful licensee of all the rights and interests in https://sarumam.com/ and its content. All information displayed, transmitted, or carried on the Sarumam Pharmacy is protected by copyright and other intellectual property laws. Copyright and other intellectual property in respect of some of the content on Sarumam Pharmacy may be owned by the third parties. Sarumam Pharmacy is designed, updated and maintained by Sarumam Pharmacy. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work therefrom, distribute, repost, perform, display or in any way commercially exploit any of the content available on or through Sarumam Pharmacy.
14.3. If you do find a product or content on the Sarumam Platform that infringes your intellectual property, please provide us with relevant details and we will take appropriate action. You can send us your details and the relevant instance of infringement to the following email address care@sarumam.com_________.
15. Indemnification:
15.1. You agree to indemnify, defend and hold harmless Sarumam Pharmacy from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Sarumam Pharmacy that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms and Conditions.
16. Waiver
16.1. Except as expressly provided in this Agreement, no waiver of any provision of this Terms and Conditions shall be effective unless set forth in a written instrument signed by the Party waiving such provision. No failure or delay by a Party in exercising any right, power or remedy under this Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by a Party of any breach by any other Party of any provision hereof shall be deemed to be a waiver of any preceding or subsequent breach of that or any other provision hereof.
17. Important Disclaimers
17.1. The following disclaimers are the key to determining any relationship between You and Sarumam Pharmacy for Your use of the Website and for Sarumam Pharmacy providing any services on the Website:
a. Sarumam Pharmacy and its suppliers, affiliates and service providers provide the Sarumam Platform services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Sarumam Platform is at your risk.
b. Sarumam Pharmacy, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, or information/declarations provided by the Merchants for their products pursuant to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
c. You understand, agree and acknowledge that Sarumam Pharmacy uses third party service providers to store and process Your personal information and other information which You provide to Sarumam Pharmacy (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over Sarumam Pharmacy. You agree and understand that Sarumam Pharmacy provides no guarantee, warranty, or assurance that such third-party service providers will protect Your personal information and Sarumam Pharmacy shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Sarumam Pharmacy.
17.2. You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this Terms and Conditions.
18. User’s Obligations / Representations and Warranties
18.1. You are responsible for all activities relating to your use of the Services as well as the use of Services by your authorized Users. The User undertakes to fulfil the following obligations, the failure to satisfy any of which gives us the right to permanently suspend your account and/or claim damages for any losses that accrue to us or additional costs that may be imposed on us or incurred by us.
18.2. You may not, and you shall ensure your authorized users do not,
i. Cut, copy, recreate, reverse engineer, or create derivative works from, transfer, or sell the Content.
ii. Access (or attempt to access) the Services and/or the materials on any network by any means other than through the interface that is provided by the Services. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the mobile Application/Content/Services, or in any way reproduce or circumvent the navigational structure or presentation of the website/mobile Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Services is prohibited.
iii. use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise Sarumam Pharmacy’s servers.
iv. use the modules, features, or information made available through the Services to further any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.
v. use the modules, features, or information made available through the Services to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi. engage in any activity that interferes with or disrupts access to the Services (or the servers and networks which are connected to the Services);
vii. probe, scan or test the vulnerability of the Services or any network connected thereto, nor breach the security or authentication measures on the website/mobile Application or any network connected thereto. You may not reverse look-up, trace or seek to trace any information on any other user of the Services, or exploit the Services or information made available or offered by or through the Services, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as required;
viii. disrupt or interfere with the security of, or otherwise cause harm to, the Services, systems resources, servers or networks connected to or accessible through the Services or any affiliated or linked applications;
ix. license, sublicense, sell, rent, assign, distribute, time share transfer, lease, loan, resell, distribute or otherwise commercially exploit, grant rights in or make the Services available to any third party;
x. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; or
xi. use the Services to transmit infringing, libellous, obscene, threatening, or otherwise unlawful, unsafe, or abusive material, or to store or transmit material in violation of third-party privacy rights.
19. Cooperation with Authorities
19.1. Sarumam Pharmacy has the right to cooperate fully with governmental or regulatory authorities or law enforcement in the investigation of any suspected criminal or civil wrongdoing. As permitted by applicable laws and policies, Sarumam Pharmacy may disclose a user's identity and contact information regarding a user's account, transactions or activities carried on the Sarumam Platform. Sarumam Pharmacy will not be liable for damages due to such disclosure, and you agree not to bring any claim against Sarumam Pharmacy for the disclosure.
20. Severability
20.1. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of any applicable law, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable as if the severed or deleted provision never formed part of these Terms and Conditions.
21. Governing Law and Jurisdiction
21.1. These
terms and conditions shall be governed by and construed in accordance with the
laws of India without reference to any principle concerning conflict of laws,
and disputes arising in relation hereto shall be subject to the exclusive
jurisdiction of the courts in Chennai, India.
22. Updates
22.1. Owing to the dynamic nature of business, laws, rules, regulations, notifications Sarumam Platform would be updating the present Terms and Conditions from time to time which would be intimated to the Users. It is the obligation of the Users to review contents of the updated Terms and Conditions and agree/abide by the contents of the Terms and Conditions.
23. Entire Agreement
23.1. This Agreement constitutes the entire agreement of the parties relating to the subject-matter hereof and supersedes all prior oral or written communications, understandings and agreements, and any subsequent oral communications, understandings and agreements.
24. Notices
24.1. Any and all notification in regard to this Terms and Conditions may be delivered in writing, in person, by email care@sarumam.com_____, or via speed post acknowledgement due to the address below:
Name: SARUMAM PHARMACY
Address: 111 A, TNEB Colony, Menambedu, Chennai, Tamil Nadu 600053
Email ID:
25. General Clauses
25.1. Unless you have any additional agreements with Sarumam Pharmacy, these Terms and Conditions represent the entire agreement between you and Sarumam Pharmacy as to your use of the website and any related applications or services, overriding any prior written or verbal agreements that may have been made.
25.2. These Terms and Conditions do not create an agency, partnership, joint venture, employment or franchise relationship between You and Sarumam Pharmacy.
25.3. If any clause of these Terms and Conditions is considered invalid or unenforceable, such clause will be deleted and the remaining clauses will remain valid and enforceable.
25.4. If Sarumam Pharmacy does not enforce its rights or act against any breach by You under the Terms and Conditions, it does not mean that Sarumam Pharmacy is waiving its rights to enforce actions against You in the future.
25.5. Sarumam Pharmacy has the right to assign the Terms and Conditions to any person or entity. You may not assign these Terms and Conditions to any person or entity, without the consent from Sarumam Pharmacy.
If you have any questions regarding the Terms and Conditions, please Contact Us.