Terms & Conditions
LAST REVISION: 01-April-2021
INTRODUCTION
By accessing, visiting, or booking
consultation from this website, you acknowledge that you have read, understood
and agreed to be lawfully bound by the contents of these Terms &
Conditions.
These Terms and Conditions in
their current form (the “Agreement”)
govern your (“You”, “Your”, or the “User”) use of this website, https://consultcannabis.in/ (“Website”) of Consult Cannabis, a
web-based platform owned by Ananta Hemp Works Solutions Private Limited, having its registered
office at K185/1, Sarai Jullena Okhla Road, Near Surya Hotel, Delhi-110025 (“Consult Cannabis”, “we”,
“us”, “our”).
First and foremost, User
understands, agrees and acknowledges that Consult Cannabis is an intermediary
which facilitates the online medical consultation for Ayurvedic medicines
between third party doctors enlisted on the Website and Users and any such services
availed on the Website shall be a bipartite transaction between the third-party
doctor and the User and Consult Cannabis shall not be a party to the same.
Consult Cannabis accordingly disclaims any and all liability in respect of the
claims that may be made by the User with respect to the services provided by
such third-party doctors.
We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time. We will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website.
Your use of the Website
following the posting of any such changes or a revised Agreement will
constitute your acceptance of any such changes or revisions. We encourage you
to review this Agreement whenever you visit the Website to make sure that you
understand the terms and conditions governing the use of the Website. These
Terms constitute a legal binding contract between you on one part and Consult
Cannabis on the other part. This Agreement does not alter in any way the terms
or conditions of any other written agreement You may have with us for other products
or services. If You do not agree to this Agreement (including any referenced
policies or guidelines), please immediately terminate Your use of the Website.
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made thereunder. Further, these terms and conditions are in compliance with the Consumer Protection (E-Commerce) Rules, 2020.
1. SERVICES
This Website is a web-based platform in the nature of an intermediary and it facilitates the online medical
consultation for Ayurvedic medicines between third party doctors enlisted on
the Website and Users (“Service(s)”).
Proprietary Rights: We have rights to all trademarks,
trade dress and specific layouts of this webpage, including calls to action,
text placement, images, and other information.
2. WEBSITE
Content; Intellectual Property;
Third-Party Links. We own all right, title and interest,
including all related intellectual property rights like source code, databases,
software, applications, audio, text, images, graphics, trademarks, service
marks, etc. Third party trademarks may appear on our website and all rights
therein are reserved to be registered owners of those trademarks. For use of
any third party’s intellectual property, User needs to get permission directly
from the owner of the intellectual property for any use, this Agreement does
not constitute a sale and does not convey to the User any rights of ownership
in or related to the Website or the services, or any intellectual property
rights owned by Consult Cannabis. The User shall be solely responsible for any
violations of any laws and for any infringement of any intellectual property
rights. Further, if any links to the third-party websites are provided on our
Website, then the same is solely as a convenience to you. We don't endorse the
contents of any such third-party websites. We shall not be responsible for the
content of or any damage that may result from your access to or reliance on
these third-party websites. If you link to third-party websites, you do so at
your own risk.
Use of Website: We are not responsible
for any damages resulting from the use of this Website by anyone. You will not
use the Website for illegal purposes. You will (1) abide by all applicable
local, state, national, and international laws and regulations in your use of
the Website (including laws regarding intellectual property), (2) not interfere
with or disrupt the use and enjoyment of the Website by other users, (3) not share
your prescription/report/advise after the medical consultation with any other
person having similar symptoms or not or any other organisation, (4)not engage,
directly or indirectly, in the transmission of “spam”, chain letters, junk
mail, or any other type of unsolicited communication, and (5) not defame,
harass, abuse, or disrupt other users of the Website.
Copyright : The copyright to the
contents on the Website remain vested with us and You may not copy, reproduce,
transmit, distribute, or create derivative work of such content or information
without express written authorization from Consult Cannabis.
Posting: You are solely
responsible for your interactions with other users of the Website (if any) and
the third-party empaneled doctors and for any content you post. Consult
Cannabis shall not be not liable for any damage or harm resulting from any such
interactions or posts. Consult Cannabis reserves the right, but has no
obligation, to monitor interactions between and among users of the Website and
to remove any content Consult Cannabis deems objectionable or against the
regulatory norms.
3.
USER REPRESENTATIONS
3.1 The User hereby understands
and acknowledges that he/she has attained at least 18(eighteen) years of age
and is competent to contract under the applicable law(s) and thereby can
register on the Website.
3.2 The User shall ensure that
the registration related information provided by him/her on the Website is
accurate, complete, and true. Further, if we suspect that the information
provided by you at any time is untrue, inaccurate, or not in accordance with this
Agreement then we shall have the right to suspend, terminate or block your
access to the Website.
3.3 The User can only use the
Website for his/her own legitimate, legal use, and neither will the User
attempt to decipher, decompile, disassemble, hack or reverse engineer any part
of the Website nor assist someone else in doing so.
4. DISCLAIMER OF WARRANTIES
You
understand and agree that Your use of consultancy services provided by
third-party empaneled doctors is at your own risk and volition. As mentioned
earlier, User
understands, agrees and acknowledges that Consult Cannabis is an intermediary
which facilitates the online medical consultation for Ayurvedic medicines
between third party doctors enlisted on the Website and Users and any such
services availed on the Website shall be a bipartite transaction between the
third-party doctor and the User and Consult Cannabis shall not be a party to
the same. Consult Cannabis accordingly disclaims any and all liability in
respect of the claims that may be made by the User with respect to the services
provided by such third-party doctors.
We disclaim all warranties, express
or implied, in connection with the Website and we make no warranties or
representations about the accuracy or completeness of the Website’s content or
the contents linked thereof. Take notice that no advice or information, whether
oral or written, obtained by you from the third-party empaneled doctor(s) from
this Website will create any warranty or representation on our behalf.
5. LIMITATION OF LIABILITY
USER ACKNOWLEDGES THAT COMNSULT
CANNABIS SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, LOSS OR DAMAGE, LOSS
OR PROFIT, GOODWILL, BUSINESS OPPUTUNITY OR ANTICIPATED SAVING ARISING UNDER OR
IN CONNECTION WITH THIS AGREEMENT, THE USE OR INABILITY TO USE THE WEBSITE IN
ANY MANNER. WITHOUT PREJUDICE, TO ANYTHING CONTAINED HEREIN THE MAXIMUM
LIABILITY OF CONSULT CANNABIS UNDER ANY CIRCUMSTANCES UNDER THIS AGREEMENT
SHALL NOT EXCEED INR 5000/- (RUPEES FIVE THOUSAND) OR THE AMOUNT PAID BY THE
USER, WHICHEVER IS LESSER.
6. INDEMNIFICATION
The User shall indemnify and
hold the Consult Cannabis, its affiliates and respective founders, directors,
employees, representatives and agents, harmless from and against any and all
claims, demands, loss, damage, or expense suffered or other losses arising out
of or in connection with any claim, suit action, or other proceedings brought
against Consult Cannabis as a result of (a) breach of any obligations,
representations and warranties made by the User, (b) noncompliance of
applicable laws by the User, (c) for infringement of Intellectual Property
rights, (d) negligence of willful breach, (e) any information or data you
supplied to Consult Cannabis, etc. The terms of this provision will survive any
termination or cancellation of this Agreement or Your use of the Website or
Services
7. PRIVACY
We will be processing the
personal data and sensitive personal data that is provided by you to, or
collected by or for, or processed in connection with our Website, subject to
the terms provided in our PRIVACY
POLICY .
Please take a moment to familiarize yourself with our Privacy Policy and let us
know if you have any questions. If You do not agree with our Privacy Policy
related terms, please do not access our Website. If You continue to use our
Website, we understand that you are aware of this privacy Policy and its
contents, and have provided Your informed consent on such basis. You
accordingly agree and consent to us collecting, storing, processing,
transferring, and sharing Your personal information with third-party empaneled
doctors or service providers for the purpose set out in the Privacy Policy.
8. GRIEVANCE OFFICER
Any complaints, or questions
about the content or violation of this Agreement will be reported to the
Grievance Officer through email at info@hempworks.in or in writing addressed to
the Grievance Officer, Consult Cannabis at E-168/169,
Basement, Amar Colony, Lajpat Nagar-4 , New Delhi – 110024.
9. DISPUTE RESOLUTION
These
terms and conditions and any disputes arising hereunder shall be determined in
accordance with the laws of India. If any dispute arises between the parties in
connection with these terms and conditions, then the courts of New Delhi,
India, shall have the exclusive jurisdiction.
10. GENERAL
Force Majeure: We will not be deemed in
default hereunder or held responsible for any cessation, interruption, or delay
in the performance of our obligations hereunder due to earthquake, pandemic
such as Covid-19 outbreak, flood, fire, storm, natural disaster, an act of God,
war, terrorism, armed conflict, labour strike, lockout, or boycott.
Cessation of Operation: We may at any time, in our
sole discretion and without advance notice to you, cease operation of the
Website and our Services.
Entire Agreement: This Agreement comprises
the entire agreement between you and Consult
Cannabis and supersedes any prior agreements pertaining to the subject matter
contained herein.
Effect of Waiver &
Severability: Any failure of Consult Cannabis to
exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the relevant court should endeavour to give
effect to the parties’ intentions as reflected in the provision, and the other
provisions of this Agreement remain in full force and effect.
Statute of Limitation: You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Website or Service(s) of this Agreement must be
filed within one (1) year after such claim or cause of action arose or be
forever barred.
Termination: This Agreement shall
remain effective in full force and effect while you use the Website and until
terminated by either you or us. Without limiting any other provision of this
Agreement, Consult Cannabis reserves the right, in its sole discretion and
without notice or liability, terminate
your access to the Website (including blocking certain IP addresses) if it
reasonably believes, that You have breached any of the terms and conditions of
this Agreement. Following termination, You will not be permitted to use the
Website or personally approach the third-party empaneled doctors and Consult Cannabis may, in
its sole discretion and without advance notice to you, cancel any bookings made
by You.
Assignment. You may not assign your
rights and obligations under this Agreement to anyone. The Consult Cannabis may
assign its rights and obligations under this Agreement in its sole discretion
and without advance notice to you.
BY USING THIS WEBSITE, YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.