Part A: Privacy Statement of www.gotirth.org

Context

  • What is www.gotirth.org?
    • www.gotirth.org is an internet based portal owned and operated by Panchgavya Healthcare India Pvt Ltd, a company duly incorporated under the provisions of the Companies Act, 1956. The Website is a platform that facilitates the online sale and purchase of ayurvedic products and services. These terms and conditions of use (“Terms of Use“) of the Website between Panchgavya Healthcare India Pvt Ltd and the users/ Sellers/registrants of the Website (“You” or “Your” or “Yourself” or “User”) describe the terms on which Panchgavya Healthcare India Pvt Ltd offers you access to the Website and the Services through the Website.
    • CUSTOMER DATA: For providing its Services, Panchgavya Healthcare India Pvt Ltd will host data and information. Panchgavya Healthcare India Pvt Ltd will not review, share, distribute, or reference any such User data except as provided in the Terms of Use, or as may be required by law. Individual records of User data may be viewed or accessed only for the purpose of resolving a problem, support issues, or suspected violation of the Terms of Use, or as may be required by law. We would take all reasonable precautions for maintaining confidentiality of data.
    • Panchgavya Healthcare India Pvt Ltd can be reached, for all questions and directions related to this privacy policy, by:
      • Sending a letter marked to the attention of Customer Care, Panchgavya Healthcare India Pvt Ltd to Panchgavya Healthcare India Pvt Ltd India; or
      • Sending an email to seva@gotirth.org.
  • Why this privacy policy?
    • This privacy policy is published in compliance of:
      • Section 43A of the Information Technology Act, 2000;
      • Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”); and
      • Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
  • What is personal information?
    • “Personal information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
    • The SPI Rules further define “sensitive personal data or information “of a person to mean personal information about that person relating to:
      • passwords
      • financial information such as bank accounts, credit and debit card details or other payment instrument details;
      • physical, physiological and mental health condition;
      • sexual orientation;
      • medical records and history;
      • biometric information;
      • information received by body corporate under lawful contract or otherwise;
      • visitor details as provided at the time of registration or thereafter; and
      • Call data records.
    • Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as sensitive personal data or information.

Privacy Statements

  • All Visitors and Users Note:
  • Users Note:
    • This section applies to all visitors and the Users.
    • Accordingly, a condition of each User’s use of and access to the Website and to the other services provided by Panchgavya Healthcare India Pvt Ltd to Users is their acceptance of the Terms of Use located at Part B below, which also involves acceptance of the terms of this privacy policy. Any User that does not agree with any provisions of the same is required to leave the Website immediately.
    • A User may have limited access to the Website and utilize some of the Services provided by Panchgavya Healthcare India Pvt Ltd without creating an account on the Website. Unregistered Users can access some of the information and details available on the Website. In order to have access to all the features and benefits on our Website, a User may be required to first create an account on our Website. To create an account a User is required to provide the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including Panchgavya Healthcare India Pvt Ltd, to identify the User: name, User ID, email address, country, ZIP/postal code, age, phone number, password chosen by the User and valid financial account information. Other information requested on the registration page, including the ability to receive promotional offers from Panchgavya Healthcare India Pvt Ltd, is optional. Panchgavya Healthcare India Pvt Ltdmay, in future, include other optional requests for information from the User to help Panchgavya Healthcare India Pvt Ltd to customize the Website to deliver personalized information to the User. Without User’s agreement, Panchgavya Healthcare India Pvt Ltd will not share, rent or sell any personal information with third parties in any way other than what is disclosed in this privacy policy.
    • All the information provided to Panchgavya Healthcare India Pvt Ltd by a User, including sensitive personal information, is voluntary. User has the right to withdraw his/her/its consent at any time, in accordance with the terms of this privacy policy and the Terms of Use, but please note that withdrawal of consent will not be retroactive.
    • User can access, modify, correct and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. If User updates any of his/her/its information, Panchgavya Healthcare India Pvt Ltd may keep a copy of the information which User originally provided to Panchgavya Healthcare India Pvt Ltd in its archives for uses documented herein. Panchgavya Healthcare India Pvt Ltd takesUser’s rights seriously and encouragesUser to use them if User deems this to be appropriate. User may exercise these rights by emailing Panchgavya Healthcare India Pvt Ltd at seva@gotirth.org.
    • Due to the communications standards on the Internet, when a User visits the Website, Panchgavya Healthcare India Pvt Ltd automatically receive the URL of the site from which such User came and the site to which such User is going when he/she/it leaves. Panchgavya Healthcare India Pvt Ltd also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall trends to help Panchgavya Healthcare India Pvt Ltdimprove its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with third-parties without such User’s permission or except when required by law. Notwithstanding the above, Panchgavya Healthcare India Pvt Ltd may share some of the aggregate findings (not the specific data) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
    • The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Panchgavya Healthcare India Pvt Ltd and its service providers for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Panchgavya Healthcare India Pvt Ltd may allow authorized third parties to place or recognize a unique cookie on the User’s browser. Panchgavya Healthcare India Pvt Ltd does not store personally identifiable information in the cookies.
    • Panchgavya Healthcare India Pvt Ltd may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of Services, research and development and for User administration.
    • The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Panchgavya Healthcare India Pvt Ltd hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.
    • Panchgavya Healthcare India Pvt Ltd does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, storage and disclosure of which each User must agree to under the terms of use in order for Panchgavya Healthcare India Pvt Ltd to effectively render the Services).
    • Panchgavya Healthcare India Pvt Ltd does not knowingly collect personal data from children.
    • Panchgavya Healthcare India Pvt Ltd has implemented Indian legal industry standard security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.
    • Panchgavya Healthcare India Pvt Ltd will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any Indian law or judicial decree or when Panchgavya Healthcare India Pvt Ltd, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply our terms of use.
    • Panchgavya Healthcare India Pvt Ltd addresses any discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, Panchgavya Healthcare India Pvt Ltd has designated a Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:
      • Sending a letter marked to the attention of Grievance Officer, Panchgavya Healthcare India Pvt Ltd to Panchgavya Healthcare India Pvt Ltd India; or
      • Sending an email to seva@gotirth.org.
      • As part of the registration/application creation and submission process that is available to Users on this website, certain information, including sensitive personal data or information is collected from the Users.
      • All the statements in this privacy policy apply to all Users, and all Users are therefore required to read and understand the privacy statements set out herein prior to submitting any sensitive personal data or information to Panchgavya Healthcare India Pvt Ltd failing which they are required to leave this Website immediately.
      • If you have inadvertently submitted any such information to Panchgavya Healthcare India Pvt Ltd prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, stored or used, then you may access, modify and delete all information stored about You by Panchgavya Healthcare India Pvt Ltd by clicking on the “Edit Profile” link on the navigation bar of the Website. In addition, any User can ask Panchgavya Healthcare India Pvt Ltd, by sending an email to seva@gotirth.org. whether Panchgavya Healthcare India Pvt Ltd is keeping personal data about him/her, and every User is also entitled to require Panchgavya Healthcare India Pvt Ltd to delete and destroy all such information relating to him/her (but not other Users) in its possession.
      • Users’ personally identifiable information they choose to provide on the Website is used to help the Users describe / identify themselves. Other information that does not personally identify the Users as an individual, is collected by Panchgavya Healthcare India Pvt Ltd from Users (such as, patterns of utilization described above) and is exclusively owned by Panchgavya Healthcare India Pvt Ltd. Panchgavya Healthcare India Pvt Ltd may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. If Panchgavya Healthcare India Pvt Ltd wishes to use any User’s personal data for a new purpose, it will seek such User’s permission before doing so.
      • Panchgavya Healthcare India Pvt Ltd will communicate with the Users through email and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The Users can change their e-mail and contact preferences at any time by logging into their “Account” at www.gotirth.org and changing the account settings
      • At times, Panchgavya Healthcare India Pvt Ltd conducts a User survey to collect information about Users’ preferences. These surveys are optional and if Users choose to respond, their responses will be kept anonymous. Similarly, Panchgavya Healthcare India Pvt Ltd may offer contests to qualifying Users in which we ask for contact and demographic information such as name, email address and mailing address. None of this information is shared with third parties, except in summary form, if at all. The demographic information that Panchgavya Healthcare India Pvt Ltd collects in the registration process and through surveys is used to help Panchgavya Healthcare India Pvt Ltd improve its Services to meet the needs and preferences of Users. This may include targeting advertising to Users about our Services. Information we gather through a contest may also be disclosed to third parties, as necessary, for prize fulfillment and other aspects of any contest or similar offering.
      • All Panchgavya Healthcare India Pvt Ltd employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every User’s sensitive personal data and information.
      • Panchgavya Healthcare India Pvt Ltd may also disclose or transfer User’s personal and other information a User provides, to another third party as part of reorganization or a sale of the assets of a Panchgavya Healthcare India Pvt Ltd corporation division or company. Any third party to which Panchgavya Healthcare India Pvt Ltd transfers or sells its assets will have the right to continue to use the personal and other information that a User provide to us.
      • To the extent necessary to provide Users with the services on the Website, Panchgavya Healthcare India Pvt Ltd may provide their Personal Information to third party contractors who work on behalf of or with Panchgavya Healthcare India Pvt Ltd to provide Users with such services, to help Panchgavya Healthcare India Pvt Ltdcommunicate with Users or to maintain the Website. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, will have rights to use and disclose the personal information collected in connection with the provision of these services in accordance with their own privacy policies.

Registration Process

As part of the registration process, Panchgavya Healthcare India Pvt Ltd collects the following personal information from the Users:

  • Name;
  • User ID;
  • Email address;
  • Address (including country and ZIP/postal code);
  • Gender;
  • Age;
  • Phone number;
  • Password chosen by the User
  • Valid financial account information; and
  • Other details as the User may volunteer.
  • All the information listed in S. 3.1of this privacy policy (“User Information”) is maintained by Panchgavya Healthcare India Pvt Ltd in electronic form on its equipment, and on the equipment of its employees. User Information may also be converted to physical form from time to time. Regardless of the manner of storage, Panchgavya Healthcare India Pvt Ltd will keep all User Information confidential, and will only disclose End User Information in the following manner:

Panchgavya Healthcare India Pvt Ltd makes all UserInformation accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.

  • Part of the functionality of the Website is assisting the Sellers to maintain and organise such information to effect sale and purchase of products. Panchgavya Healthcare India Pvt Ltd may, therefore, retain and submit all such records to the appropriate authorities, or to Sellers who request access to such information.
  • Part of the functionality of the Website is assisting the Users to access information relating to pharmaceutical products. Panchgavya Healthcare India Pvt Ltd may, therefore, retain and submit all such records to the relevant Users.
  • Change to Privacy Policy

The Users acknowledge that this privacy policy is part of the Terms of Use and unconditionally agree that becoming a User of the Website and its Servicessignifies their assent to this privacy policy. User’s visit and any dispute over privacy is subject to this policy and Terms of Use. Panchgavya Healthcare India Pvt Ltd may update this privacy policy at any time, with or without advance notice. In the event there are significant changes in the way Panchgavya Healthcare India Pvt Ltd treatsUser’s personally identifiable information, Panchgavya Healthcare India Pvt Ltd will display a notice on the Website or send Users an email, as provided for above. Unless stated otherwise, Panchgavya Healthcare India Pvt Ltd’s current privacy policy applies to all information that Panchgavya Healthcare India Pvt Ltd has about Users and their account. Notwithstanding the above, Panchgavya Healthcare India Pvt Ltd shall not be required to notify the Users of any changes made to the privacy policy.

  • If a User uses the Service after notice of changes have been sent to such User or published on the Website, such User hereby provideshis/her/its consent to the changed practices.

Part B: Terms of Use of www.gotirth.org and the other Services provided by Panchgavya Healthcare India Pvt Ltd on the Website

  • What is this document?
    • These Terms of Use, read together with the privacy policy located at Part A above, constitute a legal and binding contract between you the User (whether you are a visitor or a User) of the one part, and Panchgavya Healthcare India Pvt Ltd of the other Part (the “Agreement”) providing, among other things, the terms and conditions for use of Services hosted and managed remotely through the Website. The site www.gotirth.org is owned and operated by Panchgavya Healthcare India Pvt Ltd
    • You must be 18 years of age or older to register, use this computer resource, or visit or use the Website in any manner. By registering, visiting the Website or accepting this Agreement, you represent and warrant to Panchgavya Healthcare India Pvt Ltd that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by this Agreement.
    • The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
      • the Indian Contract Act, 1872,
      • the (Indian) Information Technology Act, 2000, and
      • the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
    • A condition of the User’s use of and access to the Website and to the other services provided by Panchgavya Healthcare India Pvt Ltd to Users (together with the Website, the “Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website immediately and immediately discontinue use of all other Services
    • Panchgavya Healthcare India Pvt Ltd recommends that you must read the terms of use carefully. YOUR USE OF SERVICES ON THE WEBSITE MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
    • Panchgavya Healthcare India Pvt Ltd authorizes the User to view and access the content available on or from the Website solely for visiting, ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Panchgavya Healthcare India Pvt Ltd Content”), are the property of Panchgavya Healthcare India Pvt Ltd and are protected under copyright, trademark and other laws. User shall not modify the Panchgavya Healthcare India Pvt Ltd Content or reproduce, display, publicly perform, distribute, or otherwise use the Panchgavya Healthcare India Pvt Ltd Content in any way for any public or commercial purpose or for personal gain.Multiple people are not permitted to share the same/single log-in.
  • Services and use of Website
    • Services and use of Website
      • The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Reliance on any information appearing on the Website, whether provided by Panchgavya Healthcare India Pvt Ltd, its content provides, visitors to the Website or others, is solely at Your own risk.
      • Panchgavya Healthcare India Pvt Ltd advises the Users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from Your doctor or other qualified health care provider because of something You have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
      • You must have a prescription from a registered medical practitioner a scanned copy whereof shall be uploaded at the time of placing an order or be provided at the time of delivery of pharmaceutical products. Prescription medicines are delivered only after a prescription given by a registered medical practitioner has been received. Panchgavya Healthcare India Pvt Ltd maintains a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and subject to applicable laws may also be used to re-order the prescribed medicines.
      • The company at all times ensures full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including, but not limited to sales tax/ VAT, income tax, octroi, service tax, central excise, custom duty, local levies etc.) regarding your use of Service and purchase, solicitation of offers to purchase, and sale of items or services on the Website. We do not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or regulations for the time being in force.
      • Panchgavya Healthcare India Pvt Ltd does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the products. You are advised to independently use Your best judgment in that behalf.
      • Panchgavya Healthcare India Pvt Ltd may, at its sole discretion, suspend User’s ability to use or access the Website at any time while Panchgavya Healthcare India Pvt Ltd investigates complaints or alleged violations of this Agreement, or for any other reason.If Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact Panchgavya Healthcare India Pvt Ltd immediately for such corrections. Panchgavya Healthcare India Pvt Ltd shall have no liability or responsibility in this regard.
        • Registration on the Website and the information is free. Panchgavya Healthcare India Pvt Ltd does not charge any fee for browsing and buying on the Website. The User agrees to make all payments directly to the respective Seller for purchase of products from such Seller. Panchgavya Healthcare India Pvt Ltd is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Panchgavya Healthcare India Pvt Ltd. These payments could be collected personally from the User by the concerned Seller. Such Seller may appoint collection agents for the collection of payments from the Users. Panchgavya Healthcare India Pvt Ltd shall not be responsible for any act or omission on the part of such collection agents as Panchgavya Healthcare India Pvt Ltd exercises no control over such third parties.
        • Each User / member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Panchgavya Healthcare India Pvt Ltd is in no way responsible for any of the taxes.
  • Collection, Use, Storage and Transfer of Personal Information
    • The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the privacy policy
    • The privacy policy sets out:
      • The type of information collected from Users, including sensitive personal data or information;
      • The purpose, means and modes of usage of such information; and
      • How and to whom Panchgavya Healthcare India Pvt Ltd will disclose such information.
    • Panchgavya Healthcare India Pvt Ltd shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Panchgavya Healthcare India Pvt Ltd or any Seller.
    • The use of this computer resource involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the privacy policy. The other information collected by Panchgavya Healthcare India Pvt Ltd from Users as part of the registration process is described in the privacy policy. The consent and revocation procedures in relation to the same are set out in the privacy policy.
    • The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all uses of the User’saccount and password, whether or not authorized by the User. The User shall immediately notify Panchgavya Healthcare India Pvt Ltd of any actual or suspected unauthorized use of the User’s account or password.
    • If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Panchgavya Healthcare India Pvt Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Panchgavya Healthcare India Pvt Ltd has the right to suspend or terminate such account at its sole discretion.
  • Liability
  • Panchgavya Healthcare India Pvt Ltd shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Panchgavya Healthcare India Pvt Ltd, where the User has consented to the making of disclosures by Panchgavya Healthcare India Pvt Ltd. If the User had revoked such consent under the terms of the privacy policy, then Panchgavya Healthcare India Pvt Ltd shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Panchgavya Healthcare India Pvt Ltd prior to its actual receipt of such revocation.
  • The User shall not hold Panchgavya Healthcare India Pvt Ltd responsible or liable in any way for any disclosures by Panchgavya Healthcare India Pvt Ltd under Regulation 6 of the SPI Rules.
  • The Services provided by Panchgavya Healthcare India Pvt Ltd or any of its licensors or providers are provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Panchgavya Healthcare India Pvt Ltd does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. Panchgavya Healthcare India Pvt Ltd does not verifies any content or information provided by the Sellers on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, the Panchgavya Healthcare India Pvt Ltd Content, representations and warranties made by the Sellers or the content or information provided by such Seller on the Website or any opinion or suggestion given or expressed by Panchgavya Healthcare India Pvt Ltd or any Seller in relation to any User or Services provided Panchgavya Healthcare India Pvt Ltd.
  • The Website may be linked to the website of third parties, affiliates and business partners. Panchgavya Healthcare India Pvt Ltd has no control over, and 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 Panchgavya Healthcare India Pvt Ltd endorses the linked site. User may use the links and these services at User’s own risk.
  • Panchgavya Healthcare India Pvt Ltd assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
  • In no event, including but not limited to negligence, shall Panchgavya Healthcare India Pvt Ltd, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, User’s provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any service by a Seller to any User. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Website exceed, in the aggregate Rs. 1000.
  • In no event shall the protected entities be liable for failure on the part of the Sellers to provide agreed products or services. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the services provided.
  • Indemnity
    • User agrees to indemnify and hold harmless Panchgavya Healthcare India Pvt Ltd, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of this Agreement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Panchgavya Healthcare India Pvt Ltd will notify you promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
    • This Agreement will remain in full force and effect while the Useris a user of the Website in any form or capacity.
    • The User can terminate his/her/its membership with Panchgavya Healthcare India Pvt Ltd at any time by providing prior written notice to seva@gotirth.org
    • Panchgavya Healthcare India Pvt Ltd reserves the right to terminate any account in cases:

Part B: Terms of Use of www.gotirth.org and the other Services provided by Panchgavya Healthcare India Pvt Ltd on the Website

  • What is this document?
    • These Terms of Use, read together with the privacy policy located at Part A above, constitute a legal and binding contract between you the User (whether you are a visitor or a User) of the one part, and Panchgavya Healthcare India Pvt Ltd of the other Part (the “Agreement”) providing, among other things, the terms and conditions for use of Services hosted and managed remotely through the Website. The site www.gotirth.org is owned and operated by Panchgavya Healthcare India Pvt Ltd
    • You must be 18 years of age or older to register, use this computer resource, or visit or use the Website in any manner. By registering, visiting the Website or accepting this Agreement, you represent and warrant to Panchgavya Healthcare India Pvt Ltd that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by this Agreement.
    • The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
      • the Indian Contract Act, 1872,
      • the (Indian) Information Technology Act, 2000, and
      • the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
    • A condition of the User’s use of and access to the Website and to the other services provided by Panchgavya Healthcare India Pvt Ltd to Users (together with the Website, the “Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website immediately and immediately discontinue use of all other Services
    • Panchgavya Healthcare India Pvt Ltd recommends that you must read the terms of use carefully. YOUR USE OF SERVICES ON THE WEBSITE MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
    • Panchgavya Healthcare India Pvt Ltd authorizes the User to view and access the content available on or from the Website solely for visiting, ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Panchgavya Healthcare India Pvt Ltd Content”), are the property of Panchgavya Healthcare India Pvt Ltd and are protected under copyright, trademark and other laws. User shall not modify the Panchgavya Healthcare India Pvt Ltd Content or reproduce, display, publicly perform, distribute, or otherwise use the Panchgavya Healthcare India Pvt Ltd Content in any way for any public or commercial purpose or for personal gain.Multiple people are not permitted to share the same/single log-in.
  • Services and use of Website
    • The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Reliance on any information appearing on the Website, whether provided by Panchgavya Healthcare India Pvt Ltd, its content provides, visitors to the Website or others, is solely at Your own risk.
    • Panchgavya Healthcare India Pvt Ltd advises the Users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from Your doctor or other qualified health care provider because of something You have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
    • You must have a prescription from a registered medical practitioner a scanned copy whereof shall be uploaded at the time of placing an order or be provided at the time of delivery of pharmaceutical products. Prescription medicines are delivered only after a prescription given by a registered medical practitioner has been received. Panchgavya Healthcare India Pvt Ltd maintains a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and subject to applicable laws may also be used to re-order the prescribed medicines.
    • The company at all times ensures full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including, but not limited to sales tax/ VAT, income tax, octroi, service tax, central excise, custom duty, local levies etc.) regarding your use of Service and purchase, solicitation of offers to purchase, and sale of items or services on the Website. We do not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or regulations for the time being in force.
    • Panchgavya Healthcare India Pvt Ltd does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the products. You are advised to independently use Your best judgment in that behalf.
    • Panchgavya Healthcare India Pvt Ltd may, at its sole discretion, suspend User’s ability to use or access the Website at any time while Panchgavya Healthcare India Pvt Ltd investigates complaints or alleged violations of this Agreement, or for any other reason.If Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact Panchgavya Healthcare India Pvt Ltd immediately for such corrections. Panchgavya Healthcare India Pvt Ltd shall have no liability or responsibility in this regard.
    • Payment, Fees and Taxes:
      • Registration on the Website and the information is free. Panchgavya Healthcare India Pvt Ltd does not charge any fee for browsing and buying on the Website. The User agrees to make all payments directly to the respective Seller for purchase of products from such Seller. Panchgavya Healthcare India Pvt Ltd is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Panchgavya Healthcare India Pvt Ltd. These payments could be collected personally from the User by the concerned Seller. Such Seller may appoint collection agents for the collection of payments from the Users. Panchgavya Healthcare India Pvt Ltd shall not be responsible for any act or omission on the part of such collection agents as Panchgavya Healthcare India Pvt Ltd exercises no control over such third parties.
      • Each User / member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Panchgavya Healthcare India Pvt Ltd is in no way responsible for any of the taxes.
  • Collection, Use, Storage and Transfer of Personal Information
    • The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the privacy policy
    • The privacy policy sets out:
      • The type of information collected from Users, including sensitive personal data or information;
      • The purpose, means and modes of usage of such information; and
      • How and to whom Panchgavya Healthcare India Pvt Ltd will disclose such information.
    • Panchgavya Healthcare India Pvt Ltd shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Panchgavya Healthcare India Pvt Ltd or any Seller.
    • The use of this computer resource involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the privacy policy. The other information collected by Panchgavya Healthcare India Pvt Ltd from Users as part of the registration process is described in the privacy policy. The consent and revocation procedures in relation to the same are set out in the privacy policy.
    • The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all uses of the User’saccount and password, whether or not authorized by the User. The User shall immediately notify Panchgavya Healthcare India Pvt Ltd of any actual or suspected unauthorized use of the User’s account or password.
    • If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Panchgavya Healthcare India Pvt Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Panchgavya Healthcare India Pvt Ltd has the right to suspend or terminate such account at its sole discretion.
  • Liability
    • Panchgavya Healthcare India Pvt Ltd shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Panchgavya Healthcare India Pvt Ltd, where the User has consented to the making of disclosures by Panchgavya Healthcare India Pvt Ltd. If the User had revoked such consent under the terms of the privacy policy, then Panchgavya Healthcare India Pvt Ltd shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Panchgavya Healthcare India Pvt Ltd prior to its actual receipt of such revocation.
    • The User shall not hold Panchgavya Healthcare India Pvt Ltd responsible or liable in any way for any disclosures by Panchgavya Healthcare India Pvt Ltd under Regulation 6 of the SPI Rules.
    • The Services provided by Panchgavya Healthcare India Pvt Ltd or any of its licensors or providers are provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Panchgavya Healthcare India Pvt Ltd does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. Panchgavya Healthcare India Pvt Ltd does not verifies any content or information provided by the Sellers on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, the Panchgavya Healthcare India Pvt Ltd Content, representations and warranties made by the Sellers or the content or information provided by such Seller on the Website or any opinion or suggestion given or expressed by Panchgavya Healthcare India Pvt Ltd or any Seller in relation to any User or Services provided Panchgavya Healthcare India Pvt Ltd.
    • The Website may be linked to the website of third parties, affiliates and business partners. Panchgavya Healthcare India Pvt Ltd has no control over, and 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 Panchgavya Healthcare India Pvt Ltd endorses the linked site. User may use the links and these services at User’s own risk.
    • Panchgavya Healthcare India Pvt Ltd assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
    • In no event, including but not limited to negligence, shall Panchgavya Healthcare India Pvt Ltd, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, User’s provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any service by a Seller to any User. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Website exceed, in the aggregate Rs. 1000.
    • In no event shall the protected entities be liable for failure on the part of the Sellers to provide agreed products or services. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the services provided.
  • Indemnity
    • User agrees to indemnify and hold harmless Panchgavya Healthcare India Pvt Ltd, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of this Agreement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Panchgavya Healthcare India Pvt Ltd will notify you promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
    • This Agreement will remain in full force and effect while the Useris a user of the Website in any form or capacity.
    • The User can terminate his/her/its membership with Panchgavya Healthcare India Pvt Ltd at any time by providing prior written notice to seva@gotirth.org
    • Panchgavya Healthcare India Pvt Ltd reserves the right to terminate any account in cases:
    • A User breaches any terms and conditions of this Terms of Use or privacy policy
      • Panchgavya Healthcare India Pvt Ltd is unable to verify or authenticate any information provide to Panchgavya Healthcare India Pvt Ltd by a User; or
      • Panchgavya Healthcare India Pvt Ltd believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Panchgavya Healthcare India Pvt Ltd or are contrary to the interests of the Website.
    • Severability & Waiver Contact Information
      • If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
    • Contact Information
      • If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at seva@gotirth.org.
      • If a User has any questions concerning Panchgavya Healthcare India Pvt Ltd, the Website, this Agreement, or anything related to any of the foregoing, Panchgavya Healthcare India Pvt Ltd can be reached at the following email seva@gotirth.org or via the contact information available from the following hyperlink: https://www.gotirth.org/.