Terms and Conditions

Welcome to Ayush-O Medicines
Your one-stop online pharmacy e-commerce store for all your health needs
Ayush O Health is your one-stop destination for all your pharmaceutical needs. With our wide range of products and exceptional service, we aim to provide you with a seamless shopping experience.
Kindly review these terms and conditions ("Terms") thoroughly before utilizing or accessing the Platform (defined below). These Terms, in conjunction with the Privacy Policy available on the Platform ("Privacy Policy") and any other policies (notified/displayed/published on the Platform), establish the contractual agreement between Users of this Platform and the Company (collectively referred to as "Agreement"). Through the Platform, Users consent to adhere to these Agreements as they are periodically posted on it.
1. ABOUT THE TERMS
1.1 About Ayush O Health and Operator
Ayush O Health operates as an application, constituting an online marketplace ("Application") where registered suppliers ("Suppliers") can present their products for sale to registered users of the Application, including resellers ("Resellers").
The Platform encompasses the Application and the website at www.ayushohealth.com ("Website") collectively known as the "Platform," and is managed by Fashnear Technologies Private Limited ("Company").
The Company's role is confined to overseeing the Application, its marketing, handling payment collections, order fulfilment, enquiry management, and other related services facilitating transactions between Suppliers and Users ("Services").
Services are exclusively accessible through the Application, and Users must install the Application to avail themselves of them.
1.2 Applicability and Binding Terms
This Agreement applies to any individual who installs, downloads, visits, or accesses any part of the Platform or uses the Services. Such individuals, collectively referred to as "Users," include browsers, Suppliers, Resellers, merchants, and other contributors of content.
The Agreement becomes effective on the date of Application download or Website access, establishing a legally binding arrangement between the User and the Company.
1.3 Modification of Terms
Users can review the latest version of the Agreement on the Website. The Company reserves the right to unilaterally update, change, or replace any part of the Agreement by posting updates or changes on the Platform. Amended provisions take immediate effect upon posting.
Users are responsible for periodically checking this page for changes, and their continued use of the Application after any posted changes implies acceptance of those modifications.
1.4 Acceptance or Non-Acceptance of Terms
If a User disagrees with the terms of the Agreement, it is advised to refrain from using the Platform. Use of the Services indicates the User's agreement to abide by the terms of the Agreement, as periodically updated.
2. ACCOUNT REGISTRATION, SUSPENSION, AND TERMINATION
2.1 Mandatory Account Creation
Users must register on the Platform to access its Services. Access to the Application is granted through account creation, and membership is exclusive for buying or selling purposes. Membership is subject to this Agreement and is non-transferable.
2.2 Eligibility Criteria
Services are available to Users capable of forming legally binding contracts under the Indian Contract Act, of 1872, and who are at least eighteen (18) years old.
The Company reserves the right to terminate User accounts or deny access if the User fails to meet the specified conditions. Users confirm their right to access or use the Platform.
2.3 Registration Requirements
Users must provide a valid phone number during registration. By registering, Users consent to communication from the Company through calls, SMS, instant messages, or other means for updates, subscriptions, services, or promotions. Users can opt out through provided means or by contacting support.
Users are responsible for providing accurate mobile numbers for effective communication. Failure to receive SMS due to incorrect details makes the Company's communication deemed effective.
Users must provide accurate and current information during registration, updating it as necessary to ensure completeness.
2.4 Account Suspension or Termination
1. The Company can suspend or terminate accounts, block amounts due, and associated accounts without notice if:
The information provided is inaccurate, not current, or incomplete.
Users unreasonably charge high prices, exhibit excessive returns/cancellations, and engage in unlawful, fraudulent, or derogatory actions.
Users fail to comply with the Agreement or applicable law.
Violations lead to criminal or civil actions, at the Company's discretion.
2. In cases of alleged fraud or breach, the Company may withhold payments, impose penalties, and set off penalties from amounts payable.
2.5 User Obligations for Registered Accounts
User accounts authenticate actions and hold Users responsible for all activities and transactions. The Company is not liable for User activities.
Users must keep account information confidential, treat passwords and provide information securely.
Having an account doesn't grant additional rights, ownership, or interests beyond what is specified by the Company.
Users receive a password-protected account on registration and agree to:
Maintain password confidentiality.
Take responsibility for all account activities.
Immediately report unauthorized account use or security breaches.
Ensure account logout after each session.
3. PLACING ORDERS AND FINANCIAL TERMS
3.1.1 User Responsibilities:
Ayush O Health operates as an online marketplace, enabling Users to place orders for pharmaceutical products listed by Suppliers on the Application.
Users must ensure the accuracy of their medical information and obtain a valid prescription from a licensed healthcare professional before placing orders for prescription medications.
Upon receiving an order, Ayush O Health electronically confirms it to the Supplier and User.
3.1.2 Confirmation and Finality:
The Supplier confirms the order, and this confirmation is considered final.
Ayush O Health does not own, sell, or resell any products directly; it acts solely as a facilitator in the transaction between buyers (Users) and sellers (Suppliers).
Users are required to provide current, complete, and accurate purchase and account information for all transactions on the Application.
Commercial Terms:
3.2.1 Supplier-User Relationship:
Commercial and contractual terms, including but not limited to price, delivery details, and product warranties, are established solely between Suppliers and Users.
Ayush O Health does not exert control over, determine, or advise on these commercial/contractual terms.
3.2.2 Reseller Responsibilities:
For orders fulfilled by Resellers, the Platform acts as a service provider for the Reseller, facilitating delivery or other services related to the order.
The Platform does not control or involve itself in the offering or acceptance of commercial/contractual terms between the Reseller and its end users/consumers.
3.2.3 Policy Updates:
Policies related to returns, exchanges, penalties, refunds, and cancellations will be periodically updated on the Application.
Ayush O Health reserves the right to change these policies without prior permission from Users.
3.2.4 Withholding Benefits:
Ayush O Health reserves the right to withhold benefits such as Cash on Delivery (COD) payments and to claim refunds at its sole discretion, based on internal reasons or external factors.
3.3 Payment and Settlement:
3.3.1 Payment Agent Role:
Ayush O Health may, at the request of the Supplier or Reseller, act as the payment agent for the limited purpose of accepting payments on behalf of such Suppliers and Resellers.
The payment facility provided by Ayush O Health is not a banking or financial service but a facilitator for transactions on the Application.
3.3.2 User Acknowledgment:
Users acknowledge that the payment processing service is provided by a third-party payment processor, and Ayush O Health is neither acting as a trustee nor in a fiduciary capacity with respect to the transaction or transaction price.
Ayush O Health is not liable for any charges made by the User's bank in relation to the payment.
3.3.3 Tax Liability:
The Company collects payments on behalf of the Supplier or Reseller, and all applicable taxes and levies are to be charged and determined by the Supplier or Reseller.
Ayush O Health holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising from the taxes payable shall be with the Reseller.
3.3.4 Refunds and Bank Details:
Users may provide bank account details to receive refunds, margins, referrals, and other payments owed by Ayush O Health.
Ayush O Health reserves the right to set conditions for updating bank account details and may designate a total number of edits or updates a User can carry out.
3.3.5 COD Payments:
Ayush O Health reserves the right to block Cash on Delivery (COD) payments at its sole discretion for reasons, including high product value or other factors deemed fit by Ayush O Health.
4 USE OF THE PLATFORM
4.1 Availability and Access:
4.1.1 Application Availability:
The Company endeavours to make the Application available 24/7.
However, the Company does not represent that access to the Application will be uninterrupted, timely, error-free, free of viruses, or free of other harmful components.
Users understand and acknowledge that internet connectivity and telecommunication links are essential for using the Application. Users bear the costs incurred for such access, and the Company is not liable for these costs.
The Application may undergo constant upgrades, and some functions/features may not be fully operational. The Application is provided on an 'as is' and 'as available' basis.
4.1.2 Compatibility:
The Company does not warrant that the Application will be compatible with all hardware and software used by Users.
4.1.3 Upgrades and Data Loss:
The Application may undergo constant upgrades, and some functions/features may not be fully operational during such upgrades.
Users are solely responsible for damages to their data system or loss of data arising from the download of content from the Application.
No guidance or information, written or oral, obtained from the Company or via the Platform, constitutes a warranty unless stated otherwise.
4.2 Performance of Agreement:
4.2.1 Transaction Facilitation:
The Company, through the Platform, serves as a facilitator for transactions between Suppliers and Users. It does not guarantee the performance of any contract entered into between Users and Suppliers.
The Company does not represent Users or Suppliers and disclaims liability for any error or inconsistency in information displayed on the Platform.
4.2.2 Dispute Resolution:
The Company is not an arbitrator or judge in disputes between Users or between Users and third parties.
Users acknowledge that the Company cannot verify the right of Suppliers or Resellers to sell products on the Platform.
4.2.3 Product Ownership:
At no time does the Company take possession of, gain title to, or have rights or claims over products listed on the Platform.
The Company is not responsible for damages or delays due to products being out of stock, unavailable, or back ordered.
4.3 User Conduct and Compliance:
4.3.1 Restricted Content:
Users must not use the Platform to host, display, upload, download, modify, publish, transmit, update, or share any information that does not belong to them or is unlawful, harmful, harassing, defamatory, obscene, pornographic, or otherwise objectionable.
Users should not violate any law or infringe upon third-party rights, and should not deceive, threaten, or impersonate others.
4.3.2 Compliance Requirements:
Users must comply with applicable laws, provide truthful registration information, and not authorize others to use their accounts.
Users should not interfere with the proper working of the Platform, attempt unauthorized access, or use the Platform for unlawful purposes.
4.3.3 Company Rights:
The Company reserves the right to disable user identification codes or passwords for non-compliance.
The Company may take necessary action and claim damages for User involvement in hacking or any unauthorized activity.
Users are advised to comply with these terms, and any breach may result in the Company taking appropriate actions.
5. FAIR USAGE POLICY
We always strive hard to provide the best experience to our customers on the platform. To ensure that all customers use our platform in good faith, we keep track of customer behaviour, including maintaining order history and other details related to the manner of use of our platform. In the event of any abuse of our platform or policies, including excessive returns, refusal to accept shipments, an indication of fraudulent or suspicious activity, or behaviour on our Platform, certain benefits available to other users may not be available to you. We reserve the right to take actions, including blocking any user from transacting, levying a service fee, discontinuing COD options, blocking COD payment, blocking refund claims, restraining or refusing the option to return the product, etc. Customers with high volumes of valid transactions may be offered benefits by suppliers based on their discretion and policies.
6. ACCURACY AND COMPLETENESS OF INFORMATION ON PLATFORM
6.1 Information Accuracy:
The Company endeavors to keep information on the Platform accurate.
The material and content on the Platform are for general information only. Users should consult more accurate or timely sources for decision-making.
Most of the content, including products, is provided by Suppliers, and the Company does not control this content.
The company does not have an obligation to update, amend, or clarify information on the Platform, except as required by law.
6.2 Information Provided by Suppliers:
Not all information on the Platform is provided by the Company. Suppliers provide information about the products they list.
Suppliers are responsible for the accuracy of the details regarding the products they sell.
The Company reserves the right to monitor and remove content that violates applicable laws or the spirit of these Terms.
6.3 Information Corrections:
The Company may correct errors, inaccuracies, or omissions in the Platform's information without prior notice.
Users are responsible for monitoring changes to the information on the Platform.
7. LISTING AND SELLING
7.1 Supplier's Obligations:
Suppliers, in addition to this Agreement, must adhere to applicable laws of India, including Packaging Rules, D&C Rules, Consumer Protection (E-Commerce) Rules, FSS Packaging Regulations, FSS Standard Regulations, and more.
Suppliers are responsible for compliance with labelling, packaging requirements, and other applicable laws.
Suppliers must ensure that listed items do not infringe on intellectual property or other proprietary rights of third parties.
7.2 Product Listing:
Suppliers can list products on the Application following the terms of this Agreement and other relevant contracts.
Suppliers represent that they are legally capable of selling or listing products and that listed items do not infringe third-party rights.
8. USER INFORMATION AND THIRD-PARTY TOOLS/LINKS
8.1 Information Collection:
The Company collects various types of information from Users to facilitate operations on the Platform.
For more details, Users can refer to the Platform's Privacy Policy.
8.2 Third-Party Tools:
The Company may provide access to third-party tools over the Platform on an 'as is' basis.
Users use these tools at their own risk, and the Company has no liability arising from their use.
8.3 Third-Party Links:
The Platform may contain links to third-party websites. The Company is not responsible for third-party materials or websites.
Users engage with third-party websites at their own risk, and the Company is not liable for any harm or damages related to such engagements.
9. INTELLECTUAL PROPERTY (IP) AND IP INFRINGEMENT
9.1 Use of Content and IP:
Users cannot use any trademark, service mark, or logo of independent third parties without prior written approval.
"Ayush O Health" and related icons and logos are trademarks of the Company and protected under applicable laws. Unauthorized adoption, copying, modification, use, or publication of these marks is strictly prohibited.
Users must not modify materials on the Platform, and they must not use illustrations, photographs, video, or audio sequences separately from accompanying text.
Commercial use of materials on the Platform requires a license from the Company.
Users agree not to attempt to override, disable, circumvent, or interfere with security components and usage rules embedded in the Platform.
9.2 IP Infringement:
Trademarks and intellectual property of Users or Suppliers belong to them, and the Company has no right or claim over them.
The Company can remove material/content/photos/offers that violate this Agreement or are found inappropriate.
The Company may suspend or terminate User accounts as deemed appropriate. Users agree that the Company has no liability for actions taken regarding IP infringement.
The Company is not an arbitrator of disputes concerning intellectual property. Users are encouraged to assist in identifying listings that infringe on their rights.
Delisting a product does not imply endorsement or non-endorsement of an infringement claim.
10. DISCLAIMER AND LIABILITIES
10.1 Standard Disclaimers:
The Company is not liable for special, incidental, indirect, consequential, or punitive damages, including loss of goodwill, revenue, opportunity, or profits.
The Company is not liable for any direct or indirect damage arising from the use of the Platform.
Users are responsible for damages to their data system or loss of data from downloading content from the Platform.
Suppliers are solely responsible for the accuracy of product information. The Company is not liable for damages arising from product use.
10.2 Advertisements Disclaimer:
a. Advertisements are for general information, and the Company does not endorse the accuracy or reliability of Advertisements.
b. The Company is not liable for dealings with advertisers found on the Platform or related to Advertisements.
c. Users click on third-party links in Advertisements at their own risk.
d. The Company disclaims liability for errors, inaccuracies, or omissions in Advertisements.
10.3 Other Advertisements Disclaimer:
Product images in Other Advertisements are illustrative, and actual products may vary.
All product-related deals/discounts are offered by participating sellers/brands, excluding the Company.
Starting prices in Other Advertisements are for reference, and actual prices may vary.
Scenes, characters, and references in brand films and videos are for representational purposes.
Offers and discounts in Other Advertisements may vary based on user factors.
Ayush O Health reserves the right to amend or discontinue offers without prior intimation.
Ayush O Health disclaims responsibility for inaccuracies in Other Advertisements.
10.4 Force Majeure:
The Company holds no liability for any damages resulting from the use of products obtained through the Platform arising from force majeure or similar circumstances.
Force majeure events entitle the Company to suspend or limit the Platform.
10.5 User Liability:
Users must indemnify and hold the Company harmless from losses, liabilities, and claims arising from:
Breach of this Agreement
User's use of the Platform
Violation of third-party rights
Violation of applicable laws
11. COMMUNICATION
11.1 Contact Information:
For queries regarding this Agreement or grievances related to the Platform, users can contact the Company at info@ayushohealth.com.
Complaints or concerns can be directed to the designated Grievance Officer at the following address:
1/32A, GROUND FLOOR, PAPPAS CENTRE, MAIN ROAD, PARAKKAI JUNCTION, PARAKKAI, NAGERCOIL - 629601, TAMILNADU.
11.2 Consumer Protection Compliance:
As per the Consumer Protection (E-Commerce) Rules, 2023, the Company provides the following details:
Address: 1/32A, GROUND FLOOR, PAPPAS CENTRE, MAIN ROAD, PARAKKAI JUNCTION, PARAKKAI, NAGERCOIL - 629601, TAMILNADU
Website: https://ayushohealth.com/
Email Address: info@ayushohealth.com
11.3 Communication with Users:
Notices or demands to users will be effective if delivered personally, sent by courier, certified mail, facsimile, or email to the last-known correspondence.
Notice to users is deemed received when sent to the address, email, or communication details provided at the time of registration.
11.4 Handling Calls:
Users are warned about fake offers and fraudulent callers impersonating Company representatives.
The company's authorized representatives will never demand money for prizes or ask for confidential details over the phone.
Users should communicate through email and only respond to emails from the ayushohealth.com domain.
11.5 Confidentiality of Calls:
Calls to the Company are confidential, but they may be recorded for quality assurance and training purposes.
12. MISCELLANEOUS PROVISIONS APPLICABLE TO AGREEMENT
12.1 Governing Law:
The laws of India govern this Agreement. Legal proceedings shall be subject to the jurisdiction of the courts in Bangalore, India.
12.2 Assignment:
The Company has the right to assign its obligations and duties in this Agreement to any person or entity.
12.3 Waiver:
Not exercising or enforcing any right or provision of this Agreement does not imply a waiver.
12.4 Platform Usage Outside India:
The Platform is controlled and operated from India. Users accessing it from outside India are responsible for compliance with local laws.
12.5 Changes and Discontinuation:
The Company reserves the right to introduce new features, change existing ones, or discontinue services without prior notice.