TERMS & CONDITIONS
Please take the time to thoroughly read these terms of service because, by accessing or using this internet-based platform, you agree to be bound by the conditions outlined here and by all conditions that are referenced in them. Do not use this internet-based platform if you do not accept all of these terms.
www.taskarmall.com, an internet-based portal, and "Taskarmall," a mobile application (hereinafter together referred to as “Website") are run and operated by Taskar Global Private Limited, 2nd floor, G1/73, Opp. Shivani Public School, Transport Nagar, Lucknow, UP 226012.
The term "User" as used in these Terms refers to any individual, whether they are natural or legal, who accesses, makes use of, or subscribes to our website, accepts an offer to purchase something from it, or uses or offers to use any of our services.
The use of the Website is granted to You subject to Your acceptance of all the terms, conditions, and notices contained in this Agreement, as well as any updates or modifications made from time to time by the Company in its sole discretion and published on the Website, such as by imposing an additional charge for use or access to a service (s).
The Company shall have the right in its sole discretion to revise or amend these Terms and any other rules or regulations governing the Website, including the Privacy Statement. Any rights you may have to object to changes or updates that take effect right away after being posted on the website are waived by you. If there are any adjustments or alterations, you might need to be given particular notice; we'll let you know about them within any deadlines set forth by the relevant legislation, nonetheless. You must review these Terms and any other policies that may be applicable on a regular basis in order to understand the rules that govern how You may use the Website, because Your continued use of the Website will imply that You accept any changes or amendments.
By (i) using this Website or any facility or service provided by this Website in any way, or (ii) merely by browsing the Website, You agree that You have read, understood, and agreed to be bound, including without limitation, by these Terms, the Website’s Privacy Policy, 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 of the Services, and such rules, guidelines, policies, terms, and conditions shall be deemed to be incorporated into, and considered part, and parcel of these Terms.
The Website is a platform that facilitates, as an intermediary, the online requisition by the User for the purchase of medicines and wellness or health-related products and services offered by the Company's various registered third parties (third parties shall, for the purpose of these Terms, include, without limitation, third-party retail pharmacies, third-party labs, et al) ("Products and Services"). These terms govern the sale and purchase of products and services between registered third parties and you, as facilitated by your request on the website. Company is not and cannot be a party to, or control in any way, any transaction between You and third parties, except as expressly provided in these Terms.
Technology Platform for Pharmaceutical Products –
The Website facilitates the purchase of drugs and other pharmaceutical products, nutraceutical products, and services (which shall also include over-the-counter (OTC) and wellness products) offered by Taskarmall.
Prescription Drugs:
In order to purchase drugs and pharmaceutical products that require a valid prescription, you are required to upload a scanned copy of the valid prescription on the website. The Taskarmall Pharmacies are only permitted to dispense the number of doses that are specified in the prescription for any drugs or pharmaceutical products. The Taskarmall Pharmacies will check the prescription that You have sent them, and if they find any discrepancies, they reserve the right to cancel your order.
Suggestions for Alternatives to Prescribed Drugs:
You acknowledge and accept that, to the extent applicable laws within the territory of India, the order for an alternate prescription drug would only be processed if: (i) a registered medical practitioner has permitted, approved, or provided consent for any such other equivalent generic drug containing similar or substantially similar composition as the prescribed drug to be dispensed in place of the prescription drug; (ii) the prescription lists the active pharmaceutical ingredient; and (iii) the prescription lists the active pharmaceutical ingredient.
In the event of an invalid prescription or the unavailability of the prescription drug, (i) You may avail online tele-consultancy with registered medical practitioners through our partner platform Docstat, wherein the registered medical practitioner shall prescribe an alternate by replacing the original prescription; or (ii) a third-party registered pharmacist shall place a call on Your registered mobile number, whereby an alternate drug is suggested, and after such an aforementioned call, A prescription for such alternate drugs may be made available to you at your request. Any and all alternate prescription drugs are dispensed only with your consent. All online and telephonic consultations provided by the third-party registered medical practitioner shall be through a secured, recorded line. You further agree and acknowledge that any exchange (including but not limited to e-prescriptions) between the third party registered medical practitioners, pharmacists, and You over telephone shall be recorded and preserved in the database of the company for quality, assurance, monitoring, verification of compliance with applicable laws, and value addition purposes, and the company, the platform, and the third party registered medical practitioners and pharmacists shall have access to the same. All such exchanges of information shall be utilized and processed strictly in accordance with the Privacy Policy made available on the Platform.
Invitation to Offer for Sale:
The listing of drugs and other pharmaceutical products on the website by the retail pharmacies is merely an "invitation to an offer for sale" and not an "offer for sale." Your offer to enter into an agreement with the Retail Pharmacies (the "Offer") will be considered made once you place an order. Following the distribution of the offer to the retail pharmacies, the company will send you an email with information on the offer as well as the details of the relevant retail pharmacy(s) who may undertake the sale, and such an email shall not be considered an acceptance of the offer. The retail pharmacy(s) would only accept the offer after validating or verifying the prescription (in the case of prescription drugs) and determining the available stock in the relevant retail pharmacy(s) (in the case of prescription drugs as well as other drugs or pharmaceutical products), which would be done via a confirmatory email to You. It is hereby clarified that any reference in these terms to the terms "offer" or "offered for sale by the pharmacy(s)" shall be interpreted solely as an "invitation to offer for sale" by any such retail pharmacy(s).
Transfer of Property and Completion of Sale:
After the concerned retail pharmacies (being the brick-and-mortar pharmacies) accept the offer, the products and services will be dispensed at the pharmacy in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct or personal supervision of the pharmacist of the retail pharmacy, wherever required under the applicable law(s). You agree and acknowledge that the property and title in the products and services ordered by You will be transferred to You immediately upon dispensation of those products and services and the raising of the invoice at the concerned retail pharmacies. Accordingly, the sale of products and services is concluded at the concerned retail pharmacy itself. The invoice for the products and services that must be delivered to You will be issued by the concerned retail pharmacy (being the brick-and-mortar pharmacy), which is in charge of processing and fulfilling such orders.
Drugs Delivery:
The products and services shall be delivered by the retail pharmacies or independent contractors. You accept and acknowledge that the courier or delivery personnel employed by the Retail Pharmacies or the Company will act as Your Agent for the delivery of the products and services from the concerned Retail Pharmacies to the address You have specified, with no control over the products and services and no additional obligations other than standard delivery obligations and duty of care. You also agree and acknowledge that such courier or delivery personnel acts as Your agent in retrieving the medicines from the retail pharmacy. Because the services are being performed by Your agent with Your permission, the company is merely facilitating this and will bear no liability or responsibility in this regard.
Diagnostics Services:
The Company, as a marketplace, facilitates Users' access to diagnostic test and package facilities offered by third-party operated labs (“Labs”) through (i) the third party’s tab or (ii) the "Taskarmall Labs" tab on its Website. The users' use of the diagnostic testing facilities made available to them through the website is the responsibility of the labs, which are also responsible for providing auxiliary services to the users (including sample collection, test execution, and report generation). Further, the company shall in no event be responsible for the services (including allied services such as sample collection, conducting tests, generating reports, etc.) provided. The company only provides facilitation services to the users of the website. The User and the Labs agree to use the website and its materials only for the purposes permitted by: (a) these Terms; and (b) any applicable law(s), regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
Notwithstanding anything to the contrary contained herein, Labs alone shall be liable for Labs’ dealings and interactions with the Users who avail themselves of the services of the Labs or diagnostic centers contracted and managed through the Website, and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the completeness or accuracy of the information or details provided by such users, labs, any diagnostic center, or any third party through the website. The company may, at its sole discretion, suspend users’ or users’ ability to use or access the website at any time while it investigates complaints or alleged violations of these terms or for any other reason. The co-editor has the right to edit the profiles of labs to make them more suitable for packaging and/or sale on the website. If labs or users come across any inaccurate information about them on the website, they can get in touch with the business to have it changed. The company shall have no liability or responsibility in this regard.
Online Doctor Consultation:
The company makes it easier for users to obtain healthcare products and services. The words “Your Physician," “Your Doctor," “Healthcare Provider,” or similar words on the Website shall mean any registered medical practitioner (RMP) with whom the User has a doctor-patient relationship. Third-party RMPs made available through third-party service provider Docstat fulfill any consultation services obtained through the website. These third-party RMPs are not related to the company but merely provide their services to you with your consent. The company hereby explicitly states that it does not provide any kind of telemedical consultation to its users. You acknowledge that the content, text, data, graphics, images, information, suggestions, guidance, blogs, information, and other materials that are provided to You on the Website should be used for information purposes only and do not constitute medical advice and should not be relied upon as a substitute for sound professional medical advice, evaluation, or care from a doctor, except for any advice, information, or direction obtained by You directly from Your doctor. You agree and acknowledge that the third-party RMPs (as made available through third-party service providers) are independent contractors whose services You use with Your implied or explicit consent, and that the Company shall not be directly or vicariously liable for any advice, medical consultancy, or other loss arising from Your engagement with such third-party RMPs. Your reliance on such third-party RMPs is solely Your responsibility and is at your sole discretion, and the company assumes no responsibility and/or liability in relation to Your consultation with or communication with such third-party RMPs, including but not limited to the quality of services offered by such third-party RMPs, which is always at your sole risk and responsibility. You hereby agree to immediately notify us of any noncompliance or improper behavior on the part of any such third-party RMPs in order to allow us to take the appropriate legal action and raise the issue with the relevant third-party service providers. Further, you affirm that you will not take any action against the company for any acts (or omissions) of the RMPs.
You agree and acknowledge that any e-prescription issued as a result of any online consulting service used by You will be issued by Your Doctor and in accordance with Indian laws. Where such a prescription is not constituted as a valid prescription, the same would not be used for the dispensation of medicines by any pharmacist, including retail pharmacies. We only act as an intermediary, and if You request that We process the e-prescription or any form thereof (whether original or scanned copy of the original prescription), We accept no responsibility and/or liability for the dispensation of the medicines, which is always at Your own risk and the sole responsibility of the retail pharmacies supplying the medicines to You. Reliance on any information provided on the website is solely at your own risk. You should follow the advice of your doctor at all times. The services are not for use in medical emergencies or critical health situations and may not be the best solution where a face-to-face consultation is required. In such cases, your sole discretion shall apply. In the event of a medical emergency, call Your nearest doctor/hospital or any related helpline immediately and seek immediate medical assistance; under no circumstances should You delay seeking advice from Your nearest doctor/hospital because of something You may have heard or viewed on the Website.
Furthermore, it is Your responsibility to ensure that the information submitted is correct, and the company will make no effort to validate any information provided by You for the purposes of using the services. The opinions, statements, and consultation via digital mode provided by the third-party RMPs shall not reflect the opinions of the company, its affiliates, etc. The company makes no warranty that the services will meet your requirements or that the service(s) will be uninterrupted, timely, secure, or error-free. This includes loss of data or any service interruption caused by the company or its employees. The company is not responsible for transmission errors or corruption of data.
Company will make Products and Services available to You via the Website only if You have provided Company with certain required user information, such as, without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details, and created an account ("Account") through a Company ID and password or other login ID and password, which can include a Facebook, GMA, or other login ID and password. The transaction and delivery of the products by the registered merchants and vendors may also be subject to procedures for use of the website terms, guidelines, rules, additional terms of service, or other disclaimers and notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service. The Website requires you to register as a user by creating an account in order to avail of the services provided by the Website. You will be responsible for maintaining the confidentiality of the account information and are fully responsible for all activities that occur under your account. You agree to (a) notify Company immediately of any unauthorized use of Your Account or Account Information, or any other breach of security, non-compliance with the Telemedicine Practice Guidelines dated September 20, 2022, or any other applicable laws, rules, regulations, and guidelines as may be notified from time to time, and (b) ensure that You exit / log out of Your Account at the end of each session. Company cannot and will not be liable for any loss or damage incurred as a result of Your failure to comply with this paragraph 4. You may be held liable for any losses incurred by the company or any other user or visitor to the website as a result of authorized or unauthorized use of Your account as a result of Your failure to keep Your account information secure and confidential, or for any other reason. The Website also allows or shall allow restricted access to the Website for unregistered users. You shall ensure that the account information provided by you in the website's registration form is true, complete, accurate, and up-to-date. Use of another user's account information for availing the services offered by the company is expressly prohibited. If You provide any information that is false, inaccurate, out of date, or incomplete (or becomes false, inaccurate, out of date, or incomplete), or if Company has reasonable grounds to suspect such information is false, inaccurate, out of date, or incomplete, Company reserves the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You. You confirm that you are the authorized holder of the credit card, any payment instrument, or the original account holder used in the transactions he or she makes using the Website. company will not be responsible for any financial loss, inconvenience, or mental agony resulting from misuse of your ID, password, credit card number, or account details for using the website. The website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the company for the technical administration of the website, research and development, and user administration. The company may allow authorized third parties to place or recognize a unique cookie on your browser while serving advertisements or optimizing services to You. The company does not store personally identifiable information in the cookies.
The company strives to offer you the best prices on the products you need from the website. These Terms provide specific pricing information for purchases of products from the website.
Further:
The company may require information such as Your bank account number, credit card number, and so on in order to process payments for Your orders. You use the assistance and services of banks, payment gateways, payment aggregators, and third parties to make online fee payments. Because these banks, payment gateways, payment aggregators, and third parties are not under the company's control, the company disclaims all liability for any loss or damage incurred by the user, retail pharmacies, or third-party service providers during this process. There are no applicable payment charges levied on any transactions. Click here to see the list of our available payment methods and payment partners.
Subscription Fee: Any subscription fees for the services charged by the company could be paid online through the facility made available on the website. Such online fee payments are also processed with the support and services of the banks, payment gateways, payment aggregators, and other third parties, and the company is not responsible for any loss or damage caused to the user, retail pharmacies, or third-party service providers during this process, as these banks, payment gateways, payment aggregators, and other third parties are beyond the control of the company.
Taxes: Each user or third-party service provider is solely responsible for the payment of all taxes, legal compliances, statutory registrations, and reporting. The company shall in no way be responsible for any of the taxes except for its own. Further, please note that all fees are exclusive of applicable taxes.
Security Measures: The payment made for every transaction is done through API integration. Moreover, you may also check our privacy policy to understand how the company uses the confidential information provided by users.
The company reserves the right to modify the fee structure by providing notice on the website, which shall be considered a valid and agreed-upon communication. The Company is not liable if a purchase is not registered or is lost as a result of network issues or problems such as machinery breakdown, unclear or disruption in the network, or non-receipt of payment from banks, payment gateways, payment aggregators, or third parties, and/or the cost(s) charged by the network operator(s). However, the company must act in the best interests of the user.
Any dispute in connection with the third parties' services shall be settled between the users and the respective third parties, including, without limitation, banks, payment gateways, payment aggregators, and network operators, without involving the company.
Click here Page Content-
*The above-listed payment method and payment partner are subject to modifications and may change from time to time at the sole discretion of the company.
Subject to your compliance with these Terms, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to access and use this website and the services provided herein.
You agree to use the Services, Website, and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. In accordance with Paragraph 7 below, You agree to abide by all limitations on dissemination, use, and reproduction of any materials (such as product catalogs) that You access on the Website. You agree not to access (or attempt to access) the website and the materials or services by any means other than through the interface that is provided by the company. You shall not use any automated means, such as a data scraper, deep-link, robot, spider, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access the Website, the Information, or the Services for any purpose. You shall not use any automated device to access, acquire, copy, or monitor any portion of the website or content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the website, materials, or any content, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the website.
You acknowledge and agree that by accessing or using the website or services, you may be exposed to content from other users that you may consider offensive, indecent, or otherwise objectionable. The company disclaims all liabilities arising in relation to such offensive content on the website. Further, you may report such offensive content in the manner prescribed herein. If the Website allows You to post and upload material to the Website, You agree to ensure that such material is not offensive and complies with all applicable laws. Further, you undertake not to:
Company is under no obligation to monitor Your communications. However, the business retains the right to examine any materials you post and, at its sole discretion, to remove any materials. Company reserves the right to terminate the User's access to any or all of the Company's communication services at any time, without notice, for any reason. Company reserves the right to disclose any information required to satisfy or comply with any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in Company's sole discretion. Company does not control or endorse the content, messages, or information found in any communication service, and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication service and any actions resulting from the user's participation in any communication service. You agree that You are solely responsible to Company and any third party for any breach of Your obligations under the Terms, as well as the consequences (including any loss or damage suffered by Company, its affiliates, or its vendors) of any such breach. You agree and acknowledge that Company is not the owner of the products and that Company shall not be considered the owner of the products on this website. By providing you with services, the company is only facilitating your purchase of products from third parties. You agree that the company may, at any time, modify or discontinue all or part of the website, charge or waive fees required to use the website, or offer opportunities to some or all website users.
You agree not to use the website for illegal purposes. The information and services must not be used for any unlawful purpose. You shall not access our networks, computers, or the information and services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment of them. You shall not attempt to gain unauthorized access to any information or services, other accounts, computer systems, or networks connected with the website, the information, or services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her company profile or account. Any attempt by any individual or entity to solicit login information from any other user or third-party registered medical practitioner or to access any such account is an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
You agree and acknowledge that the telephone conversations and e-prescriptions between third-party registered medical practitioners and you will be accessible to the company for the purposes of monitoring the quality of the consultation. The consultation provided by a third-party registered medical practitioner must take place over a secure recorded line.
Notice and Takedown
If You believe that any Content on the Website is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred, or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, invading another's privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or We will make all reasonable efforts to remove such objectionable content within a reasonable time after you notify Us.
Risks associated with Company’s Services
By using the company's services, you agree to these terms, the privacy policy, and any other company policies. The third-party registered medical practitioners will not be examining you physically and may not have access to all or some of your medical history that might be critical to your consultation. The third-party registered medical practitioners will not have the benefit of the information that would be obtained by examining you in person, observing your physical condition, and going through your medical records. This means that the services provided are different from the diagnostic and treatment services typically determined by a physician. Therefore, the third-party registered medical practitioners may not be aware of facts or information that would affect his or her opinion of your diagnosis. As a result, in order to mitigate the risk of this limitation, the company strongly advises You to contact an on-site physician and share the third-party registered medical practitioners' opinion with him/her.
You acknowledge and agree, by requesting a medical opinion through the Website, that-
Unless expressly stated otherwise in any applicable Additional Terms, the Company hereby grants You a personal, non-exclusive, freely revocable (upon notice from the Company), non-transferable license to view, download, and print product catalogs or other materials available on the Website, subject to the following condition:
You do not have any ownership rights to the look, feel, or limited rights given to you in the product catalogs or any other materials as stated above. Such elements of the website are protected by intellectual property rights and may not be copied or imitated, in whole or in part. Product catalogs or any other materials available on the website shall not be copied or retransmitted unless expressly permitted by the company. Any software that is available on the website is the property of the company or third parties. You may not use, download, or install any software available at the website, unless otherwise expressly permitted by these Terms or by the express written permission of the company.
Any purchase of merchandise or services from the website will be strictly for the personal use of the user. The user hereby expressly agrees that any merchandise or services purchased by the user will not be sold, resold, or in any way used for any commercial purposes or for profit. The user hereby acknowledges that the services or merchandise purchased are not transferable to any third party for profit.
You shall be solely responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Website.
You are also under an obligation to use this website for reasonable and lawful purposes only, and you shall not indulge in any activity that is not envisaged through the website. You shall use this website and any vouchers or coupons purchased through it for personal, non-commercial use, and you will not resell the same to any other person. Once you subscribe to the Website, you must use the prescription only to purchase medicines from the Website and not to fulfill your medicine requirements from other retailers, unless the medicines are not supplied for any reason by the Website's partner third parties.
The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, and computer code (collectively, the "Content") on the Website, are owned and controlled by the Company, and the design, structure, selection, coordination, expression, look and feel, and arrangement of such Content are protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos, and service marks displayed on the Website ("Marks") are the property of the company or their third-party partners or respective third parties. You are not permitted to use the marks without the prior consent of the company and/or the relevant third parties that may own the marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights in and to the trademark "Taskarmall," the domain name "www.taskarmall.com," and the Website, including, without limitation, any and all rights, titles, and interests in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets, and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks
Except as expressly provided herein, You acknowledge and agree that You will not copy, republish, post, display, translate, transmit, reproduce, or distribute any content in any medium without the prior written permission of the company or third-party owner of such content.
We provide return and refund on products and services ordered by You through the Website, subject to additional terms and conditions outlined in the cancellation, shipping charges, return, and refund policy ("Return and Refund Policy"). The return and refund policy is an essential part of these terms, and users are advised to carefully read it.
We may facilitate and allow third-party advertisers ("Third Party Advertisers") to place advertisements on the website as part of the services we provide.
For Users: The website clearly distinguishes between editorial content and content that is created or provided by one of our third-party advertisers. This content will not be reviewed by Our editorial staff and will not be subject to Our editorial policy (as set forth below), but will be subject to applicable laws, these Terms (except the editorial policy), and the Privacy Policy.
Third Party Advertisers must be honest about the products or services that their advertisements promote; the advertisement must not create unrealistic expectations and must not be misleading or offensive; it must be responsible and of the highest standards, without jeopardizing consumer protection.
General Rules: The Company may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit and (ii) change the content of the advertising policy and/or these terms and/or the privacy policy. It is the responsibility of the third-party advertisers in such cases to review the terms of the advertising policy and/or these and/or the privacy policy from time to time. Such changes shall be made applicable when they are posted. We may also alter or remove any content from the website without notice or liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable laws in India and any other jurisdiction that such Third Party Advertisers are based out of, including industry codes, rules, and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous. We are not responsible for any liability arising from an advertisement by a third-party advertiser.
The company reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, the company also reserves the right to request modifications to any advertisement and to require factual substantiation for any claim made in an advertisement.