The following terms and conditions (hereinafter referred to as “Terms of Use”) form part of the agreement between Digicare Health Solutions Pvt. Ltd., a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at 4th Floor, Plot No. 115/5, TP Scheme No. 51, off Ambli-Bopal Road, Ahmedabad, Gujarat - 380058 (hereinafter “EMPL”, “we,” “us”) and you/users or Patient (hereinafter referred as “you”, “yours”, “User”).

We are the operator of a “App/Platform” that gives access to You to use PillUp App and website (www.PillUp.com). Your access to the PillUp App and our services are subject to the notices, terms, and conditions set forth in these terms and conditions this agreement (“Agreement”), read with the Privacy Policy available here https://www.PillUp.com/privacy- policy.

The domain name PillUp.com, an internet-based portal, and PillUp App, a mobile application/web-based application is operated by EMPL. EMPL may assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions to any third party, as it may deem fit, and you shall continue to be bound by these Terms and Conditions in the event of such assignment, transfer, or subcontracting.

“Any accessing or browsing of the PillUp App and using the Services (as defined in these Terms and Conditions) indicates your agreement to all the terms and conditions in this Agreement.”

If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the PillUp App.

When you use the PillUp App, these Terms and Conditions apply to you, whether you are a patient, his/her representative or legal heir, heir or legal guardian or parent of the patient on the PillUp App (“End User”, “you” or “User (s)”, as the context permits). These Terms and Conditions and our Privacy Policy available on the Website and on the Mobile Application constitute a binding legal agreement (“Agreement”) between you and TatvaCare in connection with your use of the Website, and the Services.

You represent that you meet the following primary eligibility criteria:

1. You are at least 18 years old or accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.
2. If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from using the PillUp App or purchasing any Services, the sale or purchase of which to/by minors is prohibited and which is for use and consumption by adults only.
3. You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvent etc. are not eligible to use the Platform.
4. You have not been previously suspended or removed by EMPL or any other PillUp group entity or disqualified for any other reason, from availing the Services.
5. EMPL reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if EMPL discovers that you are under the age of 18 years.
6. These Terms and Conditions are published in compliance of, and is governed by the provisions of Indian laws as may be amended from time to time, including but not limited to:
   1. The Indian Contract Act, 1872;
   2. 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, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011;
   3. Pharmacy Act, 1948; and Pharmacy Practice Rules, 2015
   4. The Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.

1. The PillUp App is available as an app for free download available on App store and play store via your mobile device (hereinafter called the “PillUp App”), and (when and where available) via our web-based application www.PillUp.com (hereinafter called the “Website”). The Website, the App, and any software, services or other technology of the Website, are respectively based upon, are hereinafter called the “Platform”.
2. Creating and maintaining user accounts: Users need to register on the PillUp App in order to use the PillUp App or the Services provided through the PillUp App. In order to register, you have to provide certain personal information including but not limited to your name, phone number, email address, birth date, gender, etc.
3. Collection and use of Your Personal Information: Protecting your privacy and any data relating to you (hereinafter referred to as “Personal Data”) is immensely important to us. For that reason, any of your Personal Data generated by the use of the PillUp App will be collected, stored and processed by us in compliance with the applicable laws as per the Privacy Policy. Please read our Privacy Policy available at https://www.PillUp.com/privacy- policy to understand how, and for what purposes, we collect and use your information to provide you with the best possible service.
4. You hereby grant us the perpetual, worldwide, transferable, and sublicensable right to use data, which we have anonymized or de-identified in line with applicable data protection law, in any manner, whether currently known or unknown. You acknowledge and accept that we own all right, title and interest in and to any data derived by us from such anonymized data or de-identified data.
5. Through the PillUp Platform, we provide you with the following services (“Services”):

   1. Pre-sorting of medicine or unit dose dispensing Pre-sorting of medicines refers to the process of organizing and grouping medication in a particular order, usually based on the time and date that they need to be taken. This process is often used in hospitals, clinics, and long-term care facilities to ensure that patients receive their medications in a timely and organized manner, and to reduce the risk of errors or omissions of taking prescribed and recommended dosage by a patient.

      The pre-sorting process typically involves sorting medications into individual packets, each containing the required dosage of medicine (oral solids tablets or capsules) prescribed by a Registered Medical Practitioner that a patient needs to take at a specific time. These packets are labelled with the patient’s name, the date and time the medications should be taken, and any relevant instructions. The dispenser box will contain all labelling requirements including the name of the medicine, active pharmaceutical ingredients, brand name, manufacturer’s name, manufacturing license number, and manufacturing site address expiry date. The packets are then distributed to the patients or to the nursing staff responsible for administering the medications.

      The unit dose packaging is done by competent and qualified pharmacists in accordance with Applicable Laws including Pharmacy Practice Regulations 2015.

   2. Display, sale, and delivery of medicines including over-the-counter drugs, other pharmaceuticals products, and certain pre-sorted or unit dose packaged medicines and medical devices (“Products”); and
   3. Any other service that is made available on the Platform from time to time. The sale and purchase of Products on the Platform is solely undertaken by EMPL. By transacting on the PillUp Platform in respect of any Products [or Services], you agree to be bound by these Terms and Conditions and are entitled to enforce any and all available remedies, under contract or law, only against EMPL. You further agree and acknowledge that the Products being purchased by you are being sold and fulfilled only by EMPL.
6. As an end-user and recipient of Services, when you use the EMPL Platform, you agree to the following conditions of use:
   1. You are solely responsible for the medical, health, and personal information you provide on the PillUp Platform, and you are requested to use your discretion in providing such information;
   2. You will provide accurate and complete information everywhere on the PillUp Platform, based on which you will receive the Services;
   3. You will be solely responsible for all access to and use of this PillUp Platform by anyone using the password and identification originally assigned to you whether or not such access to and use of this PillUp Platform is actually authorized by you, including without limitation, all communications and transmissions and all incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you;
   4. The information provided by you may be used by us for the purpose of Services including analysis, research, training and disclosure (wherever required) to our affiliates, group companies, vendors, agents and government authorities, etc. as stated in our Privacy Policy; and
   5. We reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate any of the applicable laws, rules and regulations or these Terms and Conditions.
7. Scope of Services:
   1. EMPL sells Products in various categories such as medicines, medical devices, vitamins and supplements, baby food, personal care, health foods and over the counter drugs, to end customers including old age home with or without unit dose dispensing based on patient request and consent. EMPL does not sell any drugs listed in Schedule X of the Drugs and Cosmetics Act, 1940 on the PillUp Platform;
8. Prohibitions:
   1. You may view and access the content available on the PillUp App/ Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the PillUp APP/ Platform or any portion of it unless expressly permitted by EMPL in writing;
   2. You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by EMPL;
   3. You may not make any commercial use of any of the information provided on the PillUp APP/ Platform;
   4. You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity;
   5. You may not upload any content prohibited under applicable law, and / or designated as “Prohibited Content”; and
   6. You may not resell or distribute any Products purchased from the PillUp APP/Platform.
9. Delivery and Charges Policy:
   1. EMPL endeavours to carry out deliveries during and within such a time period as communicated on our PillUp APP/ Platform and various communication channels. Our services are offered on a best effort basis, and as such we do not provide any guarantee of the exact delivery time, which despite all our efforts, may vary from order to order, due to certain factors including but not limited to operational disruptions owing to shortage of products and manpower, strikes, lockouts, official control measures, inevitable delays by our suppliers, rider unavailability, public holidays, product unavailability/shortage, date of delivery, time of delivery, area of delivery, distance from the hub, customer demand, traffic, sudden breakdown of delivery vehicle, weather conditions, force majeure events specified below and/or any other unforeseen reasons beyond our control;
   2. EMPL does not guarantee to deliver your order within any guaranteed period of hours and delivery within the said timeline is subject to aforesaid multiple factors, as laid out in the present Terms and Conditions, to be read in entirety;
   3. EMPL shall endeavour to deliver the order at the delivery address as provided to us while placing the order on our platform. However, any interruption or disruption caused in delivery due to any incorrect details provided to us on the PillUp APP/ Platform shall not be our responsibility and any resultant losses/damages caused shall be your sole responsibility and will not be attributable to us in any manner whatsoever;
   4. Notwithstanding your request to leave your order at your doorstep or elsewhere, such request cannot be complied with and EMPL shall not be responsible to deliver your order if no one is available to receive the same at the delivery address, inasmuch as it could lead to theft, tampering, spoilage, contamination etc. EMPL shall not be liable for non-delivery or any losses/damages arising from the same in the given case scenario and any losses/damages caused by such circumstances shall be solely borne by you;
   5. You shall undertake to provide accurate directions, information and authorisations to accept delivery of your order. Due to your failure to comply with the same, if the order stands undelivered, the order shall be deemed to have been delivered to you and all the risks and responsibilities in relation thereto shall pass on to you;
   6. As part of EMPL’s best endeavour to deliver all orders within the promised delivery timeline, our delivery partner may connect with you via mobile or internet call to identify the exact location of delivery. However, in the event you do not pick up the call or the call on the given number does not get connected at the first instance, for any reason whatsoever, the promised delivery timeline shall stand no longer applicable, without prejudice to the fact that the promised time is only an approximate measure of delivery time;
   7. The delivery charges associated with each of your purchases will be displayed on the checkout page or an invoice that may be shared via any other communication once you place an order on the PillUp APP/ Platform. Any other applicable charges will also be displayed at the time of purchase and will be payable accordingly;
   8. Cash on Delivery (“COD”) is a payment method by which you can pay for your ordered item(s) in cash when EMPL delivers the orders to you at your delivery address;
   9. If you do not own a credit or debit card or do not wish to pay online, rather than making any advance online payment, EMPL COD option gives you the flexibility to pay the complete order amount on delivery through a point-of- service terminal or through cash as the case may be;
   10. In the event you choose to pay for your order via COD mode, the delivery partners shall have the right to refuse delivery of your order if you fail to make the complete payment at the time of delivery. In that case, EMPL shall not be liable for any losses or damage arising from non-delivery of the order and the same shall be your sole responsibility;
   11. You will be informed once the order is confirmed and when the items are shipped with an update on the approximate delivery time;
   12. EMPL makes its best efforts to ship each item in your order within the approximate delivery time intimated to you at the time of placing the order. However, in some cases, it may take longer to ship the order as we may have to procure it from some other stores or our suppliers. In the unlikely event that EMPL is not able to ship your order completely within 36 hours of the order, we shall cancel the remaining unshipped part of the order, and send you a communication informing you about the same. In such cases, your payment against the unshipped part of the order shall be refunded, in the manner you have made the payment, in accordance with the EMPL Payment, Returns and Refund Policy;
   13. All applicable refunds will be processed in accordance with the EMPL Payments, Returns and Refunds Policy available on our PillUp Platform;
   14. Delivery time periods specified on our platform shall always be non- binding under all circumstances in as much as delivery is a sum total of multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond our control;
   15. To put forth its best efforts to deliver the order effectively and within the promised timeframe, both internal and third-party entities are engaged by EMPL to carry out deliveries with strict Standard Operating Procedures. Please note that third party services will be governed by their own terms of service and other policies applicable to the corresponding third party and we have no control or connection to it whatsoever and we make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to the services of the third party; and
   16. EMPL does not make any inter-state deliveries of medicine. Inter-state delivery of medicines is fulfilled through external delivery partners. EMPL may also engage external delivery partners for certain inter-city and local deliveries. Any delay, loss, harm, theft or damage arising from the shipping of products by the external delivery partner is the sole liability of the external delivery partner. EMPL shall not be held liable for the actions of the external delivery partner in any way whatsoever.
   17. International Delivery: International delivery is not available currently. You can access the website to order items while being located anywhere in the world, but the shipping address has to be in India.
10. Reservation:
    1. EMPL shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched; and
    2. You will compensate EMPL for any extra cost incurred for redelivery in the event of a non-delivery in the first instance on account of a mistake by you (i.e., wrong name or address or any other wrong information).
11. Medicine Delivery Policy:
    1. Valid prescription from a doctor/Registered Medical Practitioner is mandatory for all medicine orders, apart from when the law permits the dispatch of medicine without a prescription such as Over the Counter (OTC). You may be requested to upload a scanned copy of the prescription on the PillUp Platform;
    2. You agree that the prescription uploaded by you, will be examined by a registered pharmacist where applicable or necessary under law, and your order shall be considered confirmed only after the prescription is accepted by the Pharmacist;
    3. You agree and consent to pre-sorting or unit dose dispensing of certain medicine as per your recommended dosage by a doctor and give your unequivocal consent to our pharmacist to compound mix and dispense the unit dose packaged medicine to you.
    4. You agree and consent to the particulars of your prescription will be recorded by EMPL in accordance with its obligations under applicable laws;
    5. You may be required to display the prescription, whether offline or online, for the purpose of record keeping by EMPL, at the time of picking up medicines or accepting delivery of medicines through an online order; and
    6. EMPL will have a right to reject (either fully or partially) your Order, in case it is found that the prescription shared by you is not as per the relevant applicable statutory requirements and same shall be informed to you through various communication channels.

PLEASE NOTE THAT THE PILLUP APP DOES NOT MAKE ANY MEDICAL DIAGNOSES OR PROVIDE ANY MEDICAL ADVICE OR TREATMENT WITH RESPECT TO PRE-SORTING OF MEDICINE. PLEASE SEEK THE ADVICE OF A DOCTOR IF YOU ARE CONCERNED ABOUT YOUR HEALTH OR DOSAGE. IN CASE OF AN EMERGENCY, YOU SHOULD CONTACT THE EMERGENCY SERVICES OF ANY OTHER HOSPITAL NEARBY YOU IMMEDIATELY. ALWAYS CONSULT YOUR DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING ANY MEDICAL ISSUES OR DOSAGE OF MEDICINE. YOU SHOULD NEVER DISREGARD A DOCTOR’S PROFESSIONAL ADVICE BECAUSE YOU ARE RELYING ON INFORMATION THAT YOU HAVE READ IN THE PILLUP APP OR PRE-SORTED PACKETS THAT YOU BUY AND RECEIVE FROM PILLUP. PLEASE FURTHER NOTE THAT THE PILLUP APP IS DEVELOPED WITH UNDERLYING TECHNOLOGY OF UNIT DOSE PACKAGING OF MEDICINE OR PRE- SORTING OF MEDICINE THAT MAY HAVE CERTAIN INHERENT LIMITATIONS, AND SUBJECT TO DOWNTIME OR MALFUNCTION. YOU AGREE AND UNDERSTAND THE LIMITATIONS AND FAILURE TO PROVIDE ACCURATE OR REQUIRED PRE-SORTED MEDICINE BY THE PILLUP APP TO YOU, YOU TAKE FULL RESPONSIBILITY AND LIABILITY WHILE USING THE PRE-SORTED MEDICINE PURCHASED FROM PILLUP APP AND ORDERING THE PRE-SORTED MEDICINE WHICH SHALL BE AT YOUR SOLE RISK AND CONSEQUENCES. WE SHALL NOT BE LIABLE FOR YOUR ANY ACT OR OMISSION BY PURCHASING, ORDERING AND USING THE PRE-SORTED MEDICINE AS WELL AS, ACCESSING THE PILLUP APP UNDER ANY CIRCUMSTANCES.

1. The App and all materials and content contained therein are our property. We grant you the right to use these materials and content, but only for the purposes of using the App, for you personally or on behalf of another person always in accordance with these Terms and Conditions. If you use the PillUp APP for another person, you remain fully responsible for ensuring that the use on behalf of that person is permitted under privacy and other applicable legal requirements. In particular, you are obliged to collect applicable consent from that person and inform them about our Terms and Conditions and Privacy Policy.
2. We grant you the right to personally access and use the APP. You are prohibited from transferring this right to anyone else, or to sell, give away or transfer your User Account to anyone else. Your right to access the APP does not preclude us granting other persons the right to access the APP.
3. Your right to use the name “PillUp APP” or any trademarks, logos, domain names or other characteristic trademarks whatsoever is limited to the scope defined in these Terms and Conditions.
4. In return for your warranty to comply with these Terms and Conditions, we grant you a limited, non-transferable, non-sublicensable, personalized, non-exclusive, revocable right to download the PillUp APP to your device or to access the Website under the conditions set forth in these Terms and Conditions or the privacy policy, or under any terms applying to the App Store you may have downloaded the App from.
5. As the User, unless such behaviours are appropriately permitted in accordance with these Terms and Conditions or unless permitted under mandatory copyright law where necessary for the use of the PillUp APP in accordance with its intended purpose and/or indispensable to obtain the information necessary to achieve the interoperability with other programs, you undertake to refrain from the following:
   1. You, the User, agree not to replicate or copy the PillUp APP, either in whole or in part.
   2. You, the User, agree not to sell or otherwise make available the PillUp APP, either in whole or in part, to anyone else.
   3. You, the User, agree not to modify the PillUp APP, in whole or in part, in any way whatsoever.
   4. You, the User, warrant that you will not attempt to discover or access the source code of the PillUp APP, in whole or in part, unless it has been expressly published by us and released into the public domain.
6. Feedback/surveys: If you provide feedback, ideas or suggestions, or if you reply to surveys in connection with our Services (hereinafter referred as the “Feedback”), you acknowledge that the Feedback is not confidential and that you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty free and unlimited license to use your Feedback in any way, for any purpose, and through any medium or technology now known or unknown, whether in whole or in part, and whether as modified or unmodified. We will always use your Feedback in compliance with these Terms and Conditions, our Privacy Policy and any other applicable laws.

1. In addition to the other provisions in these Terms and Conditions, this section defines certain prohibitions relating to the use of the APP (hereinafter referred to as “Prohibitions”).
2. The following is a list of activities that are prohibited in the context of using the PillUp APP. You are prohibited to:
   1. Circumvent, disable, or otherwise manipulate any of the PillUp APP’s security features or any features preventing or restricting the use or copying of the content that is available via the PillUp APP;
   2. Create multiple User Accounts on the PillUp APP;
   3. Provide false or misleading information in the User Account details;
   4. Allow anyone else to use the APP on your behalf or in your place;
   5. Use the APP if we have temporarily suspended your right of use, or forbidden you to continue using it;
   6. Send junk mail, spam or repeated messages;
   7. Act in any unlawful or illegal manner;
   8. Modify, interfere with, hack or disrupt the APP, or to intercept messages;
   9. Misuse the PillUp APP or to infiltrate it with viruses, trojans, worms, logic bombs or anything else that might harm the PillUp App or any other user of the PillUp App equipment;
   10. Extract data from the PillUp APP except as permitted under these Terms and Conditions;
   11. Post or contribute any abusive, threatening, obscene, misleading, untruthful, or offensive content, or content that contains any form of nudity or violence; and
   12. Enter information or comments about any third-party without the consent of the third-party concerned.
3. The non-compliance with the Prohibitions listed shall be a material breach of these Terms and Conditions, and may result in us, at our sole discretion, initiating the following measures – either individually or in combination:
   1. The immediate, temporary suspension or permanent withdrawal of the right to access the PillUp APP;
   2. A warning being sent to you;
   3. Initiation of legal proceedings against you, including a claim for damages of any costs and expenses incurred due to the breach of agreement (including reasonable attorney fees).
4. The consequences of a breach of the Agreement committed by you are not limited to the actions described, i.e., we are entitled to take any further action in accordance with these Terms and Conditions and/or applicable law.

1. In the event that you feel that you can no longer agree to the present Terms and Conditions or the Privacy Policy, at any time, you agree to stop using the PillUp APP immediately.
2. You are entitled to stop using the PillUp APP at any time and to terminate your agreement with us, including if you do not agree with the changes to the PillUp APP or these Terms and Conditions, we propose from time to time. Please follow the instructions on the PillUp APP to deactivate your User Account. If you access the PillUp APP via the APP, you can delete your User Account via the settings menu.
3. If we choose to terminate your Agreement without cause we will provide you with one week notice.
4. Our right to terminate the Agreement for cause remains unaffected. Any cause that entitles us to terminate the Agreement may be, in particular but not exclusively, your violation of the material breach of the Terms and Conditions and if, due to external circumstances, it can be assumed that you are making improper use of our Services. If any reason exists, we are furthermore authorised to block your access to the PillUp APP, without any notice.
5. If you or we deactivate your User Account as described in this paragraph or withdraw your right to access the PillUp APP, we may delete any Personal Data stored about you in accordance with our Privacy Policy (and as stipulated in the applicable laws), provided that our rights to use such data in anonymized form remains unaffected. You also lose the right previously granted to you to access the PillUp APP.

1. The information is made available by the PillUp APP as is, without warranty, guarantee, or representation of any kind whatsoever.
2. You should not take any action based on the information provided in the PillUp APP without consulting a doctor or other medical professional first.
3. Due to the nature of the internet and the given technology, we are unable to promise that you will be able to use the PillUp APP at all times without any interruption and without delay or faults, and that the PillUp APP will at all times meet your expectations. We can therefore assume no obligation with respect to the performance or availability of the PillUp APP in these present Terms and Conditions. We expressly exclude any strict liability or product liability that may be applied by the applicable law due to defects of the PillUp APP existing at the time the Agreement or thereafter on the use of the PillUp APP between you and us was concluded.

1. We are constantly updating and improving the Platform. We constantly strive to provide you with innovative new services and features. We also make improvements and updates in order to stay abreast of changing technologies, behaviours and the way in which people use the internet.
2. We reserve the right to change a specific aspect of a specific feature by updating the Platform, resetting that feature and suspending the service or support for that feature. These changes may affect your activities on the Platform. Changes may include the removal, modification or reset of the features you use. We will inform you of the changes and your rights in the case of changes by separate notification, to the extent you have signed up for such notifications.
3. Updates may be released from time to time by us or via the App Store where you downloaded the App. From time to time, to be able to use the Platform, it may be necessary for you to update third-party software.

1. We have the right to amend, adapt or supplement the present Terms and Conditions from time to time. The current version of the Terms and Conditions can be found on our website.
2. We may from time-to-time update or revise these Terms and Conditions. Every time you wish to use the Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time.

You agree and undertake to indemnify and keep indemnified EMPL, its affiliates and the concerned directors, employee and pharmacist (“Indemnified Persons”) and us for any losses, costs, charges and expenses including reasonable attorney fees that the concerned Indemnified Persons may suffer on account of:

1. Deficiency or shortfall in Services / unit dose dispensing / faulty judgment / interpretation errors / perception error arising from;
2. Your failure to provide correct and / or complete clinical information / prescription about the patient in timely and clinically appropriate manner; or
3. You providing a false, forged, unauthorized or manipulated prescription
4. Suppression of material facts; or your failure to provide relevant clinical information about the patient; or
5. Misinterpretation of the advice / prescription / diagnosis by you; or
6. Failure to follow doctor’s advice / prescription by you; or
7. failure to follow instructions of the doctor in respect of the Services or medical procedures prescribed by the doctor by you;
   1. Incorrect or inaccurate credit / debit card details provided by you; or
   2. Using a credit / debit card which is not lawfully owned by you; or
   3. You permit a third party to use your password or other means to access your account.

By using our Services, you confirm that you understand and agree to the following:

1. The Services availed by you from a qualified pharmacist via the Platform are provided to you by the pre-sorted medicine you select, and not by EMPL. The limitation of liability specified in this section also applies to any services availed by you from any third-party services on the Platform. EMPL shall not be responsible or liable for the quality , efficacy of the pre-sorted medicine once you open the brown box
2. The Platform only facilitates communications between you and the pharmacist and as such EMPL bears no responsibility for the quality and outcome of any such Services obtained by you from the respective pharmacist, to the extent permitted by applicable law.
3. EMPL itself does not provide any medical consultation or diagnostic services. If you receive any medical advice / investigation reports from a pharmacist you have contacted through the Platform, you are responsible for assessing such advice, and reports the consequences of acting on such advice or reports, and all post- consultation follow-up action, including following your doctor’s instructions.
4. In the event that EMPL markets or promotes any Services to you, please note that such Services will be provided by the relevant and competent persons, Marketing or promotion of Services should be considered as being for informational purposes only, and does not constitute expert advice on the suitability of such services for your specific healthcare needs.
5. The Services provided through the Platform are not intended in any way to be a substitute for non-pre-sorted medicine. EMPL advises the Users to make independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.
6. To the extent permitted by applicable law, EMPL or its affiliates will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:
   1. These Terms and Conditions and Privacy Policy;
   2. Your use or inability to use the Platform;
   3. Your use or inability to use the pre-sorted medicines
   4. Your use of any third-party services including Services provided by any pharmacist you contacted through the Platform. This section shall survive the termination of this Agreement and the termination of your use of our Services or the Platform.

We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy available at https://www.PillUp.com/privacy- policy

You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the Platform belong to us at all times or to those who grant us the license for their use. No use of these may be made without the prior written authorization of EMPL.

1. Please note that your payments are processed in accordance with applicable law and you may refer to our Payment and Refunds Policy for details.
2. These Terms and Conditions document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be 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.

1. Where the Platform contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites/platforms (including without limitation EMPL Platforms) or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
2. EMPL is neither guaranteeing nor making any representation with respect to the goods or services made available or sold by such third parties. EMPL does not provide any warranty or recommendation in relation to the products and/or services made available to you by such third parties during your access or use of such third-party website/platform including in relation to delivery, services, suitability, merchantability, reliability, availability or quality of the products and/or services.
3. You shall not hold EMPL, its group entities, affiliates, or their respective directors, officers, employees, agents and/or vendors responsible or liable for any actions, claims, demands, losses, damages, personal injury, costs, charges and expenses which you claim to have suffered, sustained or incurred, or claim to suffer, sustain or incur, directly or indirectly, on account of your use or access of third-party website/platform.
4. EMPL is not a party to any contractual arrangements entered into between you and the third-party website/platform. We are not the agent of the third party and such third- party website/platform is governed exclusively by its respective policies over which EMPL has no control.
5. The use of such a link to visit the third-party website/platform implies full acceptance of these Terms and Conditions. EMPL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such third party linked website, including without limitation any form of transmission received from any third-party website (including without limitation EMPL) or its server.

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

1. Strike, lockout or other forms of protest
2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
4. Inability to use public or private transportation and telecommunication systems.
5. Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.

Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

1. We may terminate this arrangement at any time, with or without cause. If you wish to terminate this arrangement, you may do so at any time by discontinuing your access or use of this Platform.
2. We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions or considered to be unethical / immoral.
3. For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.

The use of our Platform shall be governed by the laws applicable in India. Any dispute relating to the use of our Services shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.

If you have any queries or grievances regarding the pre-sorted medicines obtained by you on the Platform, please contact the relevant grievance officers as given below.

If you have any questions concerning the Platform and the Terms and Conditions, you may contact Mr. Rahul, our Grievance Officer cum Nodal Officer at 9818360666. Please note that upon lodging of a complaint, a ticket number shall be given to you by which you may track the status of your complaint.