Graphene Industries Private Limited (GIPL, We, Us) provides to you its website - www.carekit.in (Website), the mobile application - Carekit, Carekit Vendor, Carekit Delivery (Mobile App), features, (together Services) subject to the terms and conditions as set out below (Terms and Conditions, T&C ) and other policies, including the Privacy Policy and the Pricing, Delivery, Return and Refund Policy, that are incorporated here by reference. The T&C constitutes a contract under Indian law and by accessing, browsing or otherwise using the Services you agree to be bound by this T&C. By impliedly or expressly accepting these terms of use, you also accept and agree to be bound by our policies (including but not limited to our Privacy Policy) as amended from time to time. All commercial and contractual terms are offered by and agreed to between you and GIPL. We encourage you to read these T&Cs carefully before accessing, browsing, and / or making use of the Services. GIPL may include additional terms and conditions of sale in the product listing or product description as made available through the Services ('Additional Terms of Sale'), which may conflict with these T&C. If there is any conflict between the T&C and the Additional Terms of Sale, the Additional Terms of Sale shall take precedence to the extent of such conflict and in relation to that sale. GIPL may at any time modify the T&C for use of the Services without any prior notification to you. If you do not agree with the T&C you are advised not to buy or attempt to buy any product listed on the Services. However, if you continue to use our Service, you shall be deemed to have agreed to accept and abide by the modified T&C of the Services.

User Account and Registration:

You have to register and login for placing orders through the Carekit app and you will be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, mobile phone, tab etc. to prevent unauthorised access to your account. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the T&C, you agree to communication regarding your purchases, and promotional communication and newsletters upon registration. GIPL reserves the right to suspend, or refuse access to its Services, terminate accounts, remove or edit content at any time without notice to you for any reason such as if you violate the letter or spirit of our T&C or create harm, risk, or possible legal exposure for us, our users, or others.

Limitations:

The Services would be available to only select geographies in India as solely determined by GIPL. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, is not eligible to use the Services. GIPL shall not be held directly or indirectly liable for any damages arising from your or any third party's misuse or violation of the T&C, and any other policies associated with the Services. GIPL does not implicitly or explicitly endorse or advertise the products and associated brands on the Services. References on our Services to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply to be GIPL's endorsement, sponsorship or recommendation of the third party, information, product or service.

Intellectual Property Rights (IPR):

GIPL expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Services. Access to the Services does not confer and shall not be considered as conferring upon anyone any license under any of GIPL's or any third party's intellectual property rights. Apart from the brands / Intellectual Property Rights (IPR) owned by GIPL, all other trademarks/ brands displayed on the Services are the property of their respective brand owners and displayed on the Services with prior consent by us GIPL. GIPL hereby allows you to only access the Services for personal use and not to download or modify any portion of it. The Services or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of GIPL. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Services or otherwise disclosed submitted or offered in connection with the use of the Services (collectively, the "Feedback") shall be and remain the property of GIPL. Such disclosure, submission or offer of any Feedback on the Services shall constitute an assignment to GIPL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Feedback by you. We also retain the right to use, reproduce, adapt, publish, translate, publish, and display such Feedback in any media or similar format.

Objectionable Material

You agree to not use our Services to upload, sell, publish or transmit any content that is illegal, threatening, obscene, defamatory, hateful, harassing, harmful to minors, racially or ethnically offensive or encourages any act contrary to law.

Representations and Warranties:

GIPL does not make any representation or warranty (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Services. While GIPL has taken precautions to avoid inaccuracies in content, the Services, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. GIPL does not implicitly or explicitly support or endorse the sale or purchase of any products on its Services. All offers of sale of a product are governed by the description and specifications of the product, terms of warranties provided by the respective manufacturer, seller, and / or brand owners (as applicable) in addition to these T&C. In the event a manufacturer, seller, and / or brand owner (as applicable) is providing any warranty, such warranties will be fulfilled only by the manufacturer, seller, and / or brand owner (as applicable). You represent and warrant that you are accessing the Services at your sole risk and are using your best informed and prudent judgment before entering into any transaction through the Services. You agree to use the Services for your personal use and for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Services. You agree to provide authentic and true information in all instances where such information is requested by GIPL. GIPL reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), GIPL has the right in its sole discretion to reject the registration and bar you from accessing its Services without prior intimation whatsoever. You further acknowledge that at the time of placing an order on any of the Services you will check the product description carefully and you agree to be bound by the conditions of sale included in the item's description.

Pricing, Cancellation & Refund:

You understand and agree that the offer for sale of the Product by GIPL is not an absolute or an unconditional offer. Such offer to sale by GIPL is subject to repudiation by GIPL at any time before the delivery of the product to you, without any obligation to assign or provide any reason for such repudiation, and without any consent from you, and without any liability or any obligation towards you.

• Order cancellation: Any order, once placed, cannot be cancelled by the customer and there won't be any refund. In case the payment fails owing to some reason, the amount will be transferred to their account in 4-7 business days. The medical partner can cancel the order only if they don't have the product.


• If the customer is not available at the registered address, the delivery executive will drop the medicine at the doorstep or at the compound gate. If delivery executive doesn't get an approval to enter the premise of the customer for delivering the product and no instruction is received for delivering at the gate, the delivery executive will take back the product and no refund will be applicable.


• No return or replacement policy available for products once purchased and paid for.

Set-off:

In case you have availed any benefit in relation to the product for which the order has been cancelled by you, you agree and authorize GIPL to recover such benefits from you or set-off the same from any refunds to you. The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or Mobile App be intimidated by GIPL at the time of purchase of the Product.

Delivery of the Product:

GIPL currently offers one mode of delivery for purchases made on through its mobile app-based services

Please note that for all home deliveries, GIPL may or may not charge a delivery fee depending upon the decision of the management. The delivery fee will be added to the billed amount at the time of checkout, while placing the order online.

In case there is a delay in delivering the order to you - either due to GIPL's own internal reasons or due to your unavailability - GIPL is not obligated to compensate you for the inconvenience. You are liable to pre-pay the entire amount of the order. You agree to pay the entire order amount (net of any returned items) in full at or before the time of delivery. Exceptions cannot be made in any circumstances

Governing Law and Jurisdiction

By agreeing to these terms and conditions you agree that in case of any dispute you will be governed by the laws of India without reference to conflict of laws principles and exclusive jurisdiction lies with the court of Bengaluru, Karnataka.

Limitation of Liability

GIPL will not be liable for any indirect, punitive, incidental, special or consequential damages or any other damages resulting from:

• The use or the inability to use the Services;
• Unauthorized access to or alteration of your transmissions or data;
• Breach of representations or warranties by the manufacturer of the products; and
• Any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Services. GIPL shall not be held responsible for non-availability of the Services during periodic maintenance operations or any unplanned suspension of access to the Services. You understand and agree that any material and/or data downloaded at the Website or the Mobile App is done entirely at your own discretion and risk and you will be solely responsible for any damage to your devices or loss of data that results from the download of such material and/or data. To the maximum extent that is permissible under law, GIPL's liability shall be limited to an amount equal to the value of products purchased by you.

Disclaimers

• GIPL reserves the right to limit the quantity of any given product that you can purchase.
• While GIPL takes precautions to ensure that the information (pricing, images, description, colour and other defining attributes of the product) about products is accurate, however in cases where there is an inadvertent inaccuracy, GIPL will not be liable for such inaccuracy. GIPL shall take corrective actions, wherever possible, but reserves the right to cancel the order.

Assignment

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

Alteration or Amendments to the T&C

We reserve the right to make changes to our policies, and these T&C at any time. You will be subject to the policies and T&C in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.