Terms and Conditions

1. The Application

Healppy is the author and publisher of the Application, which shall mean the mobile application, website, blog contained therein, queries answered by Our team over email, phone, or any other medium, and all variants, tools, editions, add-ons, and ancillary products or services of the Application (including all files and images contained therein or generated by the software, and accompanying data, herein referred to individually or collectively as “Application”). The Application may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, products information, orders, prescriptions, drug delivery, electronic medical records, billing, inventory, accounting details, and other relevant information.

2. Users

“Registered Users” are users:

• Who have successfully registered themselves through the Application by providing information that is true and accurate, and who can log on to their account on the Application by providing their mobile number and OTP.

“Non-Registered Users” are users who have not registered themselves on the Application. Non-Registered Users may not be provided access to certain areas of the Application

Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.

3. Access and Usage Rights of Users

Non - Registered User: A Non - Registered User is not permitted to access or make use of the Application for any purpose other than the following permitted use:

1. To browse the Application without accessing any services.
2. To create the shopping cart
3. To share the Application via social media applications.
4. To search, filter and sort products list as per his requirements.

Registered User: A Registered User is specifically permitted to:

1. Enjoy all the access and usage rights of a registered user.
2. Check out and pay for orders online.
3. Make Wishlist for favourite items.
4. Add family members to the application and do purchase on behalf of them.
5. Track order until delivered

4. Rights and Obligations Relating to Content

The data and information available on the Application may be categorized as follows:

1. Data and information generated or provided by Unregistered Users and Registered Users on the Application (“User Content”).
2. Data and information which Healppy(through itself or its contractors) has generated or procured for the Application and includes data and information generated (“Healppy Content”).

1. 4.1 As mandated by the IG Rules, Healppy hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
   • belongs to another person and to which the User does not have any right to;
   • 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;
   • harm minors in any way;
   • infringes any patent, trademark, copyright or other proprietary rights;
   • violates any law for the time being in force;
   • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   • impersonate another person;
   • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
   • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

1. 4.2 Users are also prohibited from:
   • violating or attempting to violate the integrity or security of the application or any Healppy Content;
   • transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by Healppy;
   • intentionally submitting on the Applicaiton any incomplete, false or inaccurate information;
   • making any unsolicited communications to other Users;
   • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
   • copying or duplicating in any manner any of the Healppy Content or other information available from the Website;
   • framing or hot linking or deep linking any Healppy Content.
   • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
2. 4.3 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Healppy has the right to immediately terminate the access or usage rights of the User to the Application and Services and to remove non-compliant information from the Application.
3. 4.4 Healppy may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Healppy to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Healppy as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Healppy or any person on its behalf and the User or where the User has consented to data transfer.
4. 4.5 Healppy respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

5. General Terms of Use

As required by law, you must be at least 18 years of age or older, have a sound mind, and not be debarred by any law to contract in order to access and use the Application and Services as a Primary User. In case the Application or Services are to be accessed or used by a minor (i.e., a person less than 18 years of age), then only the legal guardian/representative of such person shall register himself/herself as a Primary User and create/add the profile of the minor as a family member.

You will use the Application and the features provided on the Application only in relation to and in compliance with all applicable Indian laws. You will not use this Application, or any feature provided on the Application for any purposes not intended under this Agreement.

You will not deliberately use the Application in any way that is unlawful, or harms Healppy, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application.

You will not use the Application for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations. You will not interfere, disrupt or hamper with the proper functioning of the Application.

As a User, you may have access to business sensitive information. You shall not share such information with Healppy direct competitors or use it for competitive purposes, except with Healppy’s prior written consent.

You understand that as part of Your registration process as well as in course of Your use of the Application, you may receive communication from Healppy on Your registered contact information. These communications will relate to Your registration, Services provided by Healppy, transactions that You carry out through the Application and any such information found suitable of Your attention by Healppy.

Please note that Healppy will send these communications only to the contact details that You provide on the Application. It is Your responsibility to ensure that You provide the correct contact details for the transaction You wish to enter. Further, Healppy may also send notifications and reminders to You for the features that You may be using on the Application. By accepting these Terms of Use You provide Us Your consent to collect Your medical records and/or reports from Healppy may also share the dynamic password with You in order to facilitate the online delivery of your medicines. You hereby consent to receive such communications from Healppy.

You will not share Your log-in details with anyone. You are responsible for maintaining the confidentiality of Your account access information and password. You shall be responsible for all usage of Your account and password, whether or not authorized by You. You shall immediately notify Healppy of any actual or suspected unauthorized use of the Your account or password. Healppy will not be liable for Your losses caused by any unauthorized use of Your account. You may be liable for the losses of Healppy or others due to such unauthorized use.

6. Services

1. 6.1 Healppy a Transaction Facilitator

   Through the Application, Healppy facilitates the purchase of Services offered for sale. You understand and agree that Healppy merely provide hosting services to You. All Services offered for sale on the Application are owned by Healppy has no control over Services and does not originate or initiate the transmission or select the sender/recipient of the transmission. You understand and agree that Application shall have no liability with respect to the authenticity of the Services being facilitated through the Application.

2. 6.2 Use of Services

   The Application may be used to access a variety of healthcare and related services. Depending on the status of Your registration and subject to the limitations and restrictions imposed by the Agreement or by Healppy, you may avail following services through the Application:

   • Signup and Login Using OTP
   • Get product catalogues using wide range of categories and medical conditions
   • Upload prescription using gallery and camera options
   • Get auto cart ready upon uploading prescriptions
   • Facility to request missing products in the app
   • Search products using keywords
   • Get history of past searching and recent views of products
   • Choose locations by entering pin codes
   • Get offers and discounts on product purchase using coupon codes
   • Set Notifications for out-of-stock products
   • Wishlist for Favorite products
   • Identify RX products
   • Buy medicines for family members
   • Facility to pay online and offline with various payment options
   • Track orders end to end until it reaches to your doorstep
   • Fast delivery within 2 hours for local customer
   • Outstation delivery option available
   • Get Notifications over SMS/email and in app on each step of deliver
   • Customer can cancel and return order in just few clicks

   The aforesaid list of services is jointly referred to as “Services.”

   The Services are non-transferable and only cover the Registered User.

   The minimum age requirement of 18 years does not apply to any Service that is open to children and adolescents from Age 1-18.

3. 6.3 Prescription Drugs

   In order to purchase drugs that requires a valid medical prescription issued by a medical expert/doctor (“Prescription Drugs”) from Doctor through the Application, you are required to upload a scanned and clean copy of the valid prescription on the Application or email the same to Healppy. You shall, ensure that medical expert/doctor, as far as possible, prescribe drugs with generic names. The order would not be processed and forwarded to the concerned Pharmacist(s) by Healppy until We receive a copy of a valid prescription. Pharmacist will verify the prescription shared by You and in case observe any discrepancy in the prescription uploaded by You, the Pharmacist(s) will cancel the order immediately. You may also be required to make the original prescription available at the time of receipt of delivery of Prescription Drugs.

7. Doctoronline Healthtech Private Limited' Rights to The Application and Content

8. User Consent Privacy

9. Other Websites/Mobile Applications

You may be provided with links on the Application that direct You to third party websites / applications / content or service providers (collectively “Third Party Content”).

Links to such third-party applications are provided for Your convenience only. Please exercise your independent judgment and prudence when visiting/using any Third-Party Content via a link available on the Application. Should You decide to click on the links to see such Third-Party Content, you do so on Your own volition. Your usage of such Third-Party Content is subject to the terms of use of the respective Third-Party Content and Healppy is not responsible for Your use of any Third-Party Content

We do not extend the Agreement to any other websites/applications except for this Application. We do not make any warranty or give any security to the personal information disclosed by You to the other websites/applications, even if such websites/applications are linked to our application or they are using our application link.

Healppy does not endorse any Third-Party Content that You may be directed to from the Application.

10. Healppy's Responsibilities

Service Levels

Subject to applicable law, Healppy will use commercially reasonable efforts to make the Services available to Registered Users 24 hours a day, 7 days a week, except for:

1. Services that involve product delivery including but not limited to medicines/drugs;
2. Planned downtime that will be communicated in advance to Registered Users;
3. Any unavailability caused by circumstances beyond Healppy’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government or regulatory authority, any mandate under applicable law, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider or/and web hosts failures or delays, denial of service attack, and/or Your acts or omissions, equipment, software or any other technology of Your, or any third party acting on Your behalf
4. When such Service is rendered under a time-schedule, in which case, the obligation of Healppy under this clause shall be limited to making available such Service during the time-schedule.
5. When the Registered User is outside the operational coverage of Service.

1. 10.1 Legal Compliance

   Healppy will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.

2. 10.2 Data Recording, Storage, Encryption Usage

   The information stored on the Application may be entered by You or by a Healppy in the course of services provided by Healppy. The information collected as part of the Services may be stored on Your mobile device as well as on a third-party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).

   Healppy will not access any information that identifies You and shall either omit, mask or anonymize Your personal information at the time of quality evaluation.

   It is hereby clarified that Healppy does not have the obligation to pre-screen or monitor User Content at any time. However, Healppy may elect to monitor any User Content and may modify or remove any User Content from the Application if Healppy determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where Healppy removes any User Content from the Application, Healppy will make reasonable efforts to inform the Registered User who had posted such User Content.

   All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider / Storage Service Provider. Healppy shall take best efforts to ensure that the Cloud Service Provider/ Storage Service Provider uses appropriate levels of encryption to protect data and takes all necessary precautions. Healppy will however not be responsible for any cyber data theft from its application or the Cloud Service Provider’s/ Storage Service Provider’s databases

   Healppy shall maintain a detailed transaction & purchase history of Users online.

   Healppy reserves the right to permanently delete User Content in case the User does not avail a Service for a period of few years.

11. User Responsibilities

Your use of this Application shall be subjected to the following terms and conditions:

1. You will observe and comply with the terms and conditions of the Agreement in letter and spirit;
2. You will not delete or modify any content of the Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
3. You will not decipher, decompile, reverse engineer, or disassemble the Healppy content;
4. You will not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
5. You will not remove any copyright, trademark registration, or other proprietary notices from the Application. You further agree not to access or use this Application in any manner that may be harmful to the operation of this Application or its content
6. You will not frame or hotlink or deep link any Healppy Content;
7. You will not use the Application and / or Services in any way that is unlawful, or harms Healppy or any other person or entity.
8. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “grieving” as those terms are commonly understood and used on the Internet;
9. You will not host, display, upload, modify, publish, transmit, update or share any information that:
   • belongs to another person and over which You does not have sufficient legal rights;
   • 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;
   • harm minors in any way;
   • infringes any patent, trademark, copyright or other proprietary rights(se), violates any law for the time being in force;
   • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   • impersonate another person;
   • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
   • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Without prejudice to the rights that Healppy may have under other provisions of the Agreement, where Healppy has reasons to believe that a User has violated a term or condition of the Agreement, then Healppy shall, in its sole discretion:

• Suspend provision of Services; and/or
• Suspend the account of the User until there is enough information available with Healppy to determine whether the User had violated a term or condition of this Agreement; and/or
• Suspend or terminate the account of the User where Healppy has determined that the User had violated a term or condition of this Agreement; and/or
• Approach User to make good that loss or damage caused to Healppy as a pre-condition to revoke the suspension; and/or
• Take any such action against the User as it permissible under law; and/or
• Raise invoice of Services availed by the User; and/or
• Disable and/or delete such User Content that is in contravention of the Agreement while preserving such information and associated records for the purpose of production to governmental authorities for investigation purposes.

12. Reviews and Feedback

13. Termination

• Healppy reserves the right to suspend or terminate a User’s access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
  • Such User breaches any terms and conditions of the Agreement;
  • A third-party reports violation of any of its right as a result of your use of the Services;
  • Healppy is unable to verify or authenticate any information provide to Healppy by a User;
  • Healppy has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
  • Healppy believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Healppy or are contrary to the interests of the Application.
• Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Application by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

15. Retention and Removal

Healppy may retain such information collected from Users from its Application or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

16. Applicable Law and Dispute Settlement

• You agree that this Agreement and any contractual obligation between Healppy and User will be governed by the laws of India.
• Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Healppy. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996.

17. Contact Information Grievance Officer

• If a User has any questions concerning Healppy, the Application, this Agreement, the Services, or anything related to any of the foregoing, Healppy customer support can be reached at the following email address: hello@healppy.com or via the contact information available from the following hyperlink: www.healppy.com/contact.
• In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

18. Waivers

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Healppy. Any consent by Healppy to, or a waiver by Healppy of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.