This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.dawa4u.com (hereinafter referred to as "Website") is owned by Infomaster Technologies Private limited a company incorporated under the Companies Act, 2013 with its registered office at 329- Gopur Colony, Extension, Indore (M.P.) India (hereinafter referred to as "infomaster").
The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies and manufactures (“Third Party Pharmacies”); (ii) diagnostic services being offered by various third party diagnostic centers (“Third Party Labs”); (iii) online medical consultancy services/ second opinion being offered by third party independent doctors (“Medical Experts”); and (iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Pharmacies, Third Party Labs, Medical Experts and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website (The services of Third Party Services Provider and the information services is collectively referred to as the “Services”).
i. the Indian Contract Act, 1872 (“Contract Act”);
ii. the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
iii. the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
iv. the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
v. The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
vi. Pharmacy Act, 1948 (“Pharmacy Act”) and
vii. the Consumer Protection Act, 1986.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Infomaster website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Infomaster reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Infomaster notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Website. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Website at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Website through a onetime password verification.
You agree that Infomaster shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your display name in cases where You have failed to update Your revised mobile phone number and/or e-mail address on the Website.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Infomaster is not and cannot be a party to or control in any manner any transaction between the Website's Users.
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery of products and services. Infomaster does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Infomaster.
2. Placement of order by a Buyer with Seller on the Website is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer.
3. Infomaster does not make any representation as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Infomaster does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Infomaster accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
4. Infomaster is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Infomaster cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Infomaster shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
5. Infomaster does not make any representation as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
6. Infomaster does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
7. At no time shall Infomaster hold any right, title or interest over the products nor shall Infomaster have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Infomaster is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
8. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Infomaster is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer
9. You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.
10. The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email the same to Infomaster. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by Infomaster until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by You and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by You, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
11. Infomaster shall maintain a record of all the prescriptions uploaded by the Users.
12. Infomaster is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Pharmacies for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website.
13. Infomaster cannot and does not guarantee that the concerned Third Party Pharmacies will perform any transaction concluded on the Website.
14. The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
15. You acknowledge and agree that such Third Party Pharmacies shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that Infomaster provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that Infomaster has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third Party Pharmacies on the Website. Further, it is hereby clarified that the Third Party Pharmacies are offering the Pharmaceutical Goods and Services for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold Infomaster responsible or liable for any damages arising out of such reliance on third party user generated content by You.
16. subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –
1. the procurement of miscarriage in women or prevention of conception in women; or
2. the maintenance or improvement of the capacity of human beings for sexual pleasure; or
3. the correction of menstrual disorder in women; or
4. the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or
provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or
5. prohibition of misleading advertisements relating to drugs;
6. subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
7. directly or indirectly gives a false impression regarding the true character of the drug; or
8. makes a false claim for the drug; or
9. is otherwise false or misleading in any material particular.
17. It is hereby clarified that that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.
18. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
19. You release and indemnify Infomaster and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Infomaster cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
20. You are also prohibited from:
1. violating or attempting to violate the integrity or security of the Website or any Infomaster Content;
2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Infomaster;
3. intentionally submitting on the Website any incomplete, false or inaccurate information;
4. making any unsolicited communications to other Covenanters;
5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
7. copying or duplicating in any manner any of the Infomaster Content or other information available from the Website; and
8. framing or hotlinking or deeplinking any Infomaster Content.
Membership on the Website is free for buyers. Infomaster does not charge any fee for browsing and buying on the Website. infomaster reserves the right to change its Fee Policy from time to time. In particular, Infomaster may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Infomaster reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Infomaster Technologies Private Limited.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) 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.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
1. You shall not use any "deep-link", "page-scrape", "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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms infomaster or otherwise engage in any conduct or action that might tarnish the image or reputation, of Infomaster or sellers on platform or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Infomaster’s systems or networks, or any systems or networks connected to Infomaster.
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
10. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
2. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
3. Infomaster shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) 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, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Infomaster does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
Infomaster will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Infomaster does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Infomaster liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Infomaster Website.
3. You understand, accept and agree that the payment facility provided by Infomaster is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Infomaster Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Infomaster is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate Infomaster Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction `Price was received, or through any other method available on the Website, as chosen by You.
For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
Refund shall be conditional and shall be with recourse available to Infomaster in case of any misuse by Buyer.
We may also request you for additional documents for verification.
Refund shall be subject to Buyer complying with Policies.
1. Infomaster reserves the right to impose limits on the number of Transactions or Transaction Price which Infomaster may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
2. Infomaster reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Infomaster or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
3. Infomaster may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Infomaster. As a result of such check if Infomaster is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Infomaster shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Infomaster.
4. Infomaster may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Infomaster deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Infomaster may hold Transaction Price and Infomaster may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
5. The Buyer and Seller acknowledge that Infomaster will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Infomaster.
Compliance with Laws:
1. As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
2. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Infomaster Website.
Buyer's arrangement with Issuing Bank:
1. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
2. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
If Infomaster has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, Infomaster may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on Infomaster will not be allowed to return their products.
Infomaster reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Infomaster may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned above (device).
I confirm that device which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear ownership of the said device.
You agree to indemnity and keep indemnifying Infomaster and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Infomaster, its affiliates or any future buyer due to usage of the device by you till date and you undertake to make good the same.
I confirm that all the data in the said device will be erased before handing it over under buy back program. I also confirm that in spite of erasing the data manually/electronically, if any data still accessible due any technical reason, Infomaster, Seller or the Manufacturer shall not be responsible for the same and I will not approach Infomaster for any retrieval of the data.
I hereby give my consent that my personal information that I have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that I provided herein and for the administration of the program.
I agree to indemnity and keep indemnifying the Infomaster and any future buyer of the old Product against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Infomaster, its affiliates or any future buyer due to usage of the device by me till date and I undertake to make good the same.
I understand that the new Product delivery and the old Product pickup will happen simultaneously (hand in hand) and I shall keep the old Product ready to be given for exchange.
Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offers.
Payment made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, You agree that you shall pay all amounts due upon demand by us.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Infomaster make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Infomaster is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Infomaster and products are sold by respective Sellers. All Product on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Product on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such Product in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the Product, use of the Product on any other website or networked computer environment or use of the Product for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Infomaster respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Infomaster at firstname.lastname@example.org
Infomaster we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Ankit Patidar
Infomaster Technologies Pvt Ltd,
329, Third Floor, Gopur Colony, Extension,
Indore, Madhya Pradesh : 452009, India
Infomaster prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
• Report offensive Display Names
• Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
Infomaster will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions, including:
1. Limits placed on account privileges;
2. Loss of special status;
3. Account suspension.
Infomaster shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Infomaster is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Infomaster shall have the right to delete the customer review. Infomaster shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.
If Infomaster has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Infomaster may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.
Infomaster reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Infomaster may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Points to be noted:
1. Seller can always accept the return irrespective of the policy.
Disputes (Resolutions) Policy
Generally, transactions are conducted smoothly on Infomaster. However there may be some cases where both the Buyers and Sellers may face issues. At Infomaster, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a disagreement, the Buyer and seller can write to email@example.com in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
1. Wrong item received
2. Item Not as described
3. Damaged or broken on Product
4. Item not Compatible
5. Seller Description/Specification Wrong
7. Product not working and Manufacturer claims invalid Invoice
In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Infomaster will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.
Buyer Protection Program
In case of a dispute where the Seller is unable to provide a refund or a replacement, Infomaster will actively work towards reaching a resolution.
The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.
The Buyer can write to info@Dawa4u.com if the issue with the Seller is not resolved. Infomaster Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered.
In due course of resolution, Infomaster Customer Support Team will facilitate a conference call including the Seller and the Buyer.
When a dispute has been raised, Infomaster may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Infomaster for settling the dispute.
Buyer Eligibility and Restrictions
Only the Buyers who have purchased the product on Infomaster are eligible for the Buyer Protection Program.
Buyers can file a dispute within 3 days from the date of delivery of the product
Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.
To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Infomaster by writing an email to firstname.lastname@example.org
Fraudulent charges and claims are not covered under Buyer Protection Program
If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.
Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on Infomaster. If the claim was withdrawn, it is not counted. The coverage amount will be limited to Rs. 5,000.
Through the Buyer Protection program, Infomaster does not provide any guarantee/warranty to Buyers for products sold on Infomaster against technical/manufacturing defects.
Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Infomaster shall verify the disputes so raised and may process only such claims that are valid and genuine.
Infomaster shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
Infomaster reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Infomaster may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
Decisions made by Infomaster under the Buyer Protection Program shall be final and binding on its Users.
Infomaster reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
Through this program, Infomaster shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.
Infomaster Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 3 days of such request, the dispute shall be auto-closed in favour of the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
1. Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies
2. Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.
Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state "Powered by Infomaster" and failing to do so Seller will be liable for chargebacks (as applicable).
1. Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by Infomaster. Infomaster encourages its Users to be professional, courteous and respectful when communicating by email.
However, Infomaster will investigate and can take action on certain types of unwanted emails that violate Infomaster policies.
Threats of Bodily Harm - Infomaster does not permit Users to send explicit threats of bodily harm.
Misuse of Infomaster System - Infomaster allows Users to facilitate transactions through the Infomaster system, but will investigate any misuse of this service.
Spoof (Fake) email - Infomaster will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.
Spam (Unsolicited Commercial email) - Infomaster spam policy applies only to unsolicited commercial messages sent by Infomaster Users. Infomaster Users are not allowed to send spam messages to other Users.
Offers to Buy or Sell Outside of Infomaster - Infomaster prohibits email offers to buy or sell listed products outside of the Infomaster Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
Infomaster policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
Violations of this policy may result in a range of actions, including:
• Limits on account privileges
• Account suspension
• Cancellation of listings
• Loss of special status
Infomaster does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Infomaster assumes no responsibility for examining or evaluating the products and services offered by them. Infomaster do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Infomaster does not endorse, in any way, any third party website(s) or content thereof.
Infomaster Infringement Verification (IIV) - Reporting Listing Violations
Infomaster has put in place Infomaster Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Infomaster interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
• If you are a Verified Rights Owner and want to report a listing issue, see Infomaster IIV. Note: Only the intellectual property rights owner can report potentially infringing products or listings through IIV. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
• If your listing was removed through IIV, and you believe that your listing was removed in error, please contact us.
Infomaster does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Infomaster is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Infomaster.
IIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. IIV participants have the ability to identify and request removal of allegedly infringing products and materials.
Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Infomaster is encouraged to become a IIV member.
Program membership entitles you (Verified Rights Owner) to the following benefits:
• Rapid response by Infomaster in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
• Dedicated priority email queues for reporting alleged infringements
• The ability to obtain identifying information about Infomaster users'
How to Become a IIV Member
To join the IIV, we require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable Infomaster to easily identify the material or listing to be ended.
In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email at email@example.com.
Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.
We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.
Notice of Infringement
Infomaster Technologies Private Limited
I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:
1. I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").
2. I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
3. I may be contacted at:
Title & Company ________________________________________________________
Email (correspondence) ___________________________________________________
and I make this declaration conscientiously believing it to be true and correct.
Declared by ______________________________
on [date] ___________________________________ in [place]________
Addendum to Notice of Infringement:
List of Allegedly Infringing Listings, Products, or Materials
A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Infomaster will inform Sellers of the specific reason for the removal of their products.
Select the most appropriate reason. Please associate each item you report with only one reason code.
1. Trademark owner doesn't make this type of product or has discontinued the production of the product
2. Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit
Trademark-listing description infringement
1. Listing(s) has unlawful comparison to trademark owner's brand or product
2. Listing(s) contains unlawful use of trademark owner's logo
1. Listing(s) comprises unauthorized copy of copyrighted text
2. Listing(s) comprises unauthorized copy of copyrighted image
3. Listing(s) comprises unauthorized copy of copyrighted image and text
Reason Code: _____________________________________________________________
Item Number(s): ___________________________________________________________
1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
2. Please provide the evidence as to the ownership of copyright.
All such Notices of Infringement shall be sent to firstname.lastname@example.org
At Infomaster we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support.