Terms of use

Please read these terms of use carefully by accessing or using this internet based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. if you do not agree to all of these terms, do not use this internet based platform.

What is QnQ?

The domain name www.qnqhealthcare.com, an internet based portal and QnQ a mobile application, is owned and operated by QnQ Healthcare Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “QnQ” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.

Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and QnQ on the other Part.

By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.

The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by QnQ; 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”).

QnQ reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.

As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to QnQ that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:

The Indian Contract Act, 1872 (“Contract Act”);

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”);

The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);

Pharmacy Act, 1948 (“Pharmacy Act”)

The Consumer Protection Act, 1986.

QnQ authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by QnQ including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“QnQ Content”) (collectively, “Content”). The QnQ Content is the property of QnQ and is protected under copyright, trademark and other applicable law(s). You shall not modify the QnQ Content or reproduce, display, publicly perform, distribute, or otherwise use the QnQ Content in any way for any public or commercial purpose or for personal gain.

Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

QnQ authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by QnQ including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“QnQ Content”) (collectively, “Content”). The QnQ Content is the property of QnQ and is protected under copyright, trademark and other applicable law(s). You shall not modify the QnQ Content or reproduce, display, publicly perform, distribute, or otherwise use the QnQ Content in any way for any public or commercial purpose or for personal gain.

These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

OTHER TERMS

The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.

The Privacy Policy sets out:

The type of information collected from Users, including sensitive personal data or information;

The purpose, means and modes of usage of such information;

How and to whom QnQ will disclose such information.

The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of;

The fact that the information is being collected;

The purpose for which the information is being collected;

The intended recipients of the information;

The name and address of the agency that is collecting the information and the agency that will retain the information;

The various rights available to such Users in respect of such information.

QnQ shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to QnQ or any other person acting on behalf of QnQ.

The use of the Website involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by QnQ from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.

The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify QnQ of any actual or suspected unauthorized use of the Users’ account or password.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or QnQ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, QnQ shall have the right to suspend or terminate such account at its sole discretion.

QnQ may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. The SPI Rules only permit QnQ to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by QnQ as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between QnQ or any person on its behalf and the user or where the User has consented to data transfer.

By accepting these Terms of Use and by registering on the Website, You consent to be contacted by Us and by the Third Party Service Providers and You further consent to receive emails and messages (SMS) notifications and information at any time from Us.

Payment, Fees and Taxes

Registration on the Website and the access to the information provided on the Website is free. QnQ does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the respective Third Party Pharmacies for purchase of Pharmaceutical Goods and Services from such Third Party Pharmacies. The Third Party Pharmacies may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold QnQ responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third Party Pharmacies or the collection agents or for any actions/ omissions which are beyond the control of QnQ.

In relation to the diagnostic services being availed from the Website, Third Party Labs agree to pay all package fees, consulting fees and other fees applicable to the Third Party Labs use of such Services and the Third Party Labs shall not circumvent the fee structure. The fee is dependent on the package that the Third Party Labs purchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments directly to the respective Third Party Labs for use of the diagnostic Services from the Website. You agree and acknowledge that You shall not hold QnQ responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third Party Labs’ any actions/ omissions which are beyond the control of QnQ.

Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. QnQ is in no way responsible for any of the taxes except for its own income tax.

The subscription fees for the Services, if any charged by QnQ, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. QnQ is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of QnQ. The fees could also be paid offline and be either collected personally from the User/ Third Party Service Providers or required to be mailed to QnQ at the following address: QnQ Pharmacy Private Limited,No.51,DR Building,Opposite to Aavin Factory,Villupuram-605602, India

All fees are exclusive of applicable taxes.

QnQ reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.

In order to process the payments, QnQ might require details of User’s/ Third Party Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how QnQ uses the confidential information provided by Users.

Available payment methods: Wallets: Paytm, AmazonPay, Mobikwik, AirtelMoney, Freecharge, OlaMoney, JIO Money, PhonePe, MPESA UPI – BHIM and GooglePay. All debit and credit cards. Cash on delivery for offline payments.

Applicable payment charges: No charges levied.

Available payment methods: Wallets: Paytm, AmazonPay, Mobikwik, AirtelMoney, Freecharge, OlaMoney, JIO Money, PhonePe, MPESA UPI – BHIM and GooglePay. All debit and credit cards. Cash on delivery for offline payments.

Security details in relation to payment methods: API integrated.

Charge-back options: No.

Return, Refund, Cancellation and Shipping charges:

We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policyforms an integral part of these Terms of Use and the Users are requested to carefully read the same.

Modification of Website

QnQ reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that QnQ will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

Intellectual property rights

All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

Compliance of Applicable Law

While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc (“Captioned Laws”). as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Pharmaceutical Good and Services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.

The Users must also ensure that the prescription uploaded on the Website or emailed to QnQ for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the QnQ, as a result of any dispensation of Prescription Drugs by the Third Party Service Providers owing to the non-compliance by the User in this regard.

Contact Information

If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at info@qnqhealthcare.com. If any Other Party(s) has