Terms & Conditions

Introduction

The following Terms and Conditions govern your use of our website https://www.JamunJar.com (the “Website”) and the JamunJar mobile application on iOS and Android, and the Services provided by or through JamunJar through any other channel or mode, whether electronic, digital, telephonic, physical or otherwise (collectively, the “Platform”). The Platform is referred to as “JamunJar”, “We” or “Us” (which expression shall, unless repugnant to the context, include its successors and assigns), having its office at Damji Shamji Corporate Square, C Wing, Office No. 312, Laxmi Nagar, Ghatkopar East, Mumbai – 400075.These Terms include, and are supplemented by, JamunJar's Privacy Policy, Grievance Redressal Policy, Intellectual Property Policy, Editorial Policy, Legal Disclaimer and Refund and Cancellation Policy, each of which is incorporated into these Terms by reference and available on the Platform. By accessing, using or availing of the Platform or Services, or by otherwise communicating with or providing information to JamunJar for the purpose of availing of the Services, “You” or “Your”, the “User” or person accessing or availing of the Platform or Services, are indicating their acceptance to be bound by these Terms, including the policies referenced above. Such acceptance may be provided electronically, physically, telephonically or through such other mode as may be permitted by JamunJar.. Hence please ensure that You read them carefully.“Services” means the booking, ordering, purchase, fulfilment and delivery of medicines, diagnostic tests and other healthcare-related products; the booking of consultations, diagnostic appointments, or other healthcare-related appointments and advice; and any other products, services, features, information or facilities made available to You by or through JamunJar from time to time, whether through the Platform or otherwise, and whether provided by JamunJar directly or by third-party Service Providers, healthcare professionals, or Business Partners listed on or accessible through the Platform.

You represent that You are at least 18 years of age and competent to enter into a binding contract under the Indian Contract Act, 1872. Where a booking, order or consultation on the Platform is made for the benefit of a minor, such booking shall be made by, and the resulting contract shall be entered into by, the minor's parent or lawful guardian, who shall be responsible for compliance with these Terms in respect of such booking.

The Platform is not intended for, and must not be relied upon in, a medical emergency. In the event of a medical emergency, You must immediately contact Your local emergency medical services (112 in India) or visit the nearest hospital. JamunJar shall have no liability for any reliance placed on the Platform in an emergency situation.

JamunJar owns or has licence to use all contents, graphs, images, HTML and CGI or other scripts displayed and used on this Platform. The information provided on this platform should not be copied, modified, uploaded, downloaded, published or republished, transmitted or otherwise distributed for commercial purposes without prior and explicit written consent from JamunJar. Reproduction of any information or material, with or without any modification, provided on this Platform is strictly prohibited and amounts to a violation of copyright unless performed with the prior written consent of JamunJar. This clause is supplemented by JamunJar's Intellectual Property Policy.

JamunJar reserves the right to select the Users of this Platform and to decide, at its discretion, whether or not to permit any person to register or continue using the Platform. Through the Platform, You may access Your account and carry out various transactions or provide instructions in connection with the Services, including through such electronic, digital, telephonic, physical or other modes or means as may be made available by JamunJar from time to time.You may use our Platform only as permitted by law. We may suspend or stop providing our services to You if You do not comply with our Terms or policies or if we are investigating suspected misconduct. Using our Platform does not give You ownership of any intellectual property rights in our Platform or the content You access, nor does it grant You the right to use any branding or logos used in our services or to remove, obscure, or alter any legal notices displayed in or along with our services.In connection with Your use of the services, we may send You service announcements, administrative messages, and other information. However, You may choose to opt out of those communications. For disputes/grievances You can connect with JamunJar at:Email address: support@jamunjar.com

Information and material on this platform are provided on an “as is” basis, and are without guarantees or warranties of any kind including completeness, correctness, accuracy, reliability, express or implied. The information and material may contain errors, bugs, or other problems. These difficulties may result in loss of data, personalization settings or other service interruptions. JamunJar does not assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings. Further, any ideas and/or information provided or gained from this Platform would not necessarily reflect the views of JamunJar or its directors, partners or employees.Any third-party content may contain information on specific benefits or services provided by third parties and/or agreements between You and the third-party service providers. JamunJar shall in no event be responsible for any actions of the third parties, and nothing on this Platform shall be construed to mean advice from JamunJar or its representative(s). Any information contained in this Platform or displayed/appeared on this Platform is general in nature and is NOT a substitute for any professional advice.JamunJar's collection, use, storage, sharing and retention of Your personal data, and Your rights in respect of such data, are governed exclusively by JamunJar's Privacy Policy, which forms part of these Terms.Due to the global presence of some of the third parties, this Platform may be accessed by users in countries other than India. JamunJar makes no warranties that materials/contents on the Platform are appropriate or available for use in locations outside India. The purchase of medicines, diagnostic tests and other regulated healthcare services through the Platform is intended solely for users located in India; JamunJar makes no representation that such services are appropriate, available or lawful for use outside India. If it is illegal or prohibited in Your country of origin to access or use this Platform and/or linked websites, webpages or mobile applications of Service Providers, then You should not do so. Those who choose to access this Platform outside India do so on their own initiative and are responsible for compliance with all local laws and regulations.

This Platform may contain links to websites, web-pages and services operated by JamunJar and/or its Affiliates/Business Partners, and Your use of each such website is also subject to the terms and conditions and other guidelines, if any, in respect of each such website/web-page/service. Where any such terms conflict with these Terms, these Terms shall prevail. The linked sites are not under the control of JamunJar and JamunJar has not reviewed and/or approved these sites. JamunJar shall not be responsible for the content or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply any direct or indirect endorsement by JamunJar of the site. JamunJar disclaims all responsibility for any inaccuracy, error, falsity, omission and/or non-compliance in any material appearing on any linked site. Third-party links are governed by their respective website usage agreements.You hereby agree and confirm You shall click on the links to and familiarize Yourself with the terms, conditions and guidelines found throughout this Platform and the affiliated websites and abide by them if You choose to use the sites, pages or services to which they apply.The information obtained at/or through this Platform is not and should not be construed as an offer or any other assistance. These Terms are subject to change from time to time depending on various factors and regulations from various regulatory authorities related to JamunJar, while becoming relevant during fulfilment of a service from JamunJar. While the Platform may be updated with changes periodically, JamunJar does not guarantee that this Platform reflects the latest amendments/information at all times or at any time.

Under no circumstances, including but not limited to negligence, shall JamunJar or its directors or employees be liable for any special or consequential damages including lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages that are alleged to have resulted from the use and/or inability to use this Platform or information contained within, even if JamunJar and/or its employees or directors have been notified of the possibility of potential damages or losses, save to the extent such damages arise from JamunJar's gross negligence or wilful default.

By posting messages, uploading files, providing data inputs, submitting information, or engaging in any other form of communication (hereinafter “Communication”) through the Platform or through any other mode or medium made available by JamunJar, You are granting to JamunJar a royalty-free, perpetual, non-exclusive, unrestricted, worldwide licence to: use, copy, sublicence, publicly perform or display any such Communication; and sublicence to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction, provided that this licence shall not extend to personal data or health information governed by JamunJar's Privacy Policy, which shall be processed solely in accordance with that Policy and not otherwise exploited under this clause.

JamunJar reserves the right to monitor this Platform and all its content, and to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, remove any information or materials, in whole or in part, that in JamunJar's sole discretion are objectionable or in violation of these Terms.

JamunJar's collection, processing, storage, use and sharing of Users' personal data, including personal data voluntarily provided by Users through the Platform or through any other electronic, digital, telephonic, physical or other mode or medium, is governed exclusively by JamunJar's Privacy Policy, which forms part of these Terms and shall prevail in the event of any inconsistency with any other part of these Terms.

All product and service marks contained on or associated with the Services that are not JamunJar marks are the trademarks of their respective owners. JamunJar requires the User to respect the same. References to any such names, marks, products or services of third parties, or hypertext links to third-party sites or information, do not imply JamunJar's endorsement, sponsorship or recommendation of the third party, information, product or service. This is further addressed in JamunJar's Legal Disclaimer, particularly in relation to healthcare providers listed on the Platform.

JamunJar may, from time to time, announce certain offers with intent to promote its Platform and/or Services (“Promotional Offers”). The Promotional Offer(s) would always be governed by these Terms plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms, to the extent they may be in conflict with these Terms. JamunJar reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.

Platform/App logos are trademarks of JamunJar. Other trademarks, service marks and logos may be the property of their respective owners. Unless otherwise stated, JamunJar and/or its licensors are the owners of the copyright and database rights in this Platform, including content data, design, graphics, text, images, software and underlying source code. Reproduction of these pages in whole or in part without the prior written consent of JamunJar is strictly prohibited unless for private, non-commercial viewing purposes. This clause is supplemented by, and shall be read together with, JamunJar's Intellectual Property Policy.

Please note that there is no guarantee that any email sent will be received, or that the contents of any such email will remain private during Internet transmission. If You have any such concerns, You may prefer to use telephone or written postal communication to our registered address. We reserve the right to monitor the use and content of emails sent from and received by us for the purposes of ensuring compliance with our own email policy and identifying and taking action against unlawful or improper use of our systems.

All software, multimedia files, photographs, reports and other documents are downloaded at Your own risk. We do not warrant the suitability of any such downloads and accept no liability for any problems with Your computer that may arise as a result.

You specifically acknowledge and agree that JamunJar is not liable for any defamatory, offensive or illegal conduct of any User. You also specifically acknowledge that any Communication transmitted by You to JamunJar via the Internet may not remain confidential or free from interference by unauthorized third parties during its transmission.

Applicability of Terms

These Terms and Conditions, in so far as they refer to the User, form the contract and agreement between the User and JamunJar.

In accordance with the Consumer Protection (E-Commerce) Rules, 2020, information regarding Service Providers, including their principal geographic address and contact details, and the parameters determining the ranking of Service Providers displayed on the Platform, are set out in JamunJar's Legal Disclaimer and Grievance Redressal Policy.

The Platform facility is offered at the sole discretion of JamunJar, which reserves the right to add, amend, revise, withdraw, suspend or cancel any part of the Platform facility, without prior notice to the User. Any such change shall be effective and binding on the User. JamunJar may introduce new services from time to time, and the availability of new services will be notified on the Platform as and when they become available.

As a condition of accessing, using or availing of the Platform or Services, or otherwise communicating with or providing information to JamunJar for the purpose of availing of the Services, the User accepts these Terms in their entirety. Such acceptance may be provided electronically, physically, telephonically or through such other mode as may be permitted by JamunJar. The User acknowledges that any information, advice or guidance on the Platform does not constitute a recommendation (unless indicated otherwise) and is not a solicitation by JamunJar or the experts engaged by it.The User acknowledges that the decision to use the Services is solely the User's own, and the User has not been directed or forced to use the Services by JamunJar, its Business Partners or employees.The User shall be responsible for arranging the mode of access to this Platform, and JamunJar shall not be responsible for any damage, breakdown, wear and tear or cost directly or indirectly attributable to use of this Platform.The User agrees to bear any charges levied by JamunJar for offering services on the Platform.

You warrant that You will not, among other things: participate in any action that imposes an unreasonable or disproportionate load on JamunJar's infrastructure; interfere or attempt to interfere with the proper working of the Platform; probe, scan or test the vulnerability of the Platform; attempt to trace any other user to its source or exploit the Platform to reveal information not purposely made available; use any deep-link, page-scrape, robot, spider or similar automated process to access or copy the Platform; attempt to gain unauthorized access to the Platform or JamunJar's systems by hacking, password mining or other illegitimate means; forge headers or disguise the origin of any transmission; use the Platform for any unlawful purpose; or introduce any computer contaminant likely to cause damage to JamunJar's systems.

The User shall take all necessary steps to ensure their devices are virus-free while accessing the Platform, and shall refrain from uploading files infected with viruses or malicious scripts or programs.

The User warrants that they will not use any software, tool or code to hamper or disable any portion of the Services offered by JamunJar, and will not use reverse-engineering tools against the Platform. The User must use the Platform, Services and information solely for their own purposes and must not make these available to third parties without JamunJar's prior written consent.

As a prerequisite for accessing the content on the Platform, JamunJar may require You to register for availing the Services. JamunJar reserves the right to terminate a registration at its discretion, including where erroneous, incomplete, derogatory or inappropriate information has been submitted. JamunJar shall not be required to ensure that the details You provide are up to date; it shall be Your duty to keep them updated.

User ID (construed to mean Your mobile number) and User Password (construed to mean the OTP generated by JamunJar and entered by You): You acknowledge that You will access the Platform facility using Your User ID and User Password, and confirm that You are the sole and exclusive owner and only authorised user of Your User ID and Password, and accept sole responsibility for their use, confidentiality and protection. If You forget or lose Your User ID, You may request JamunJar to inform You of it; if You forget or lose Your Password, You may retrieve it by following the procedure on the Platform. You undertake not to disclose Your Password to any person, including JamunJar employees.

You shall at all times be fully responsible and liable for all transactions carried out on the Platform using Your User ID or Password for the purchase of goods and services made available through the Platform (“Account Transactions”). If a third party gains access to the Platform through the use of Your User ID and Password, You shall be deemed responsible, and You hereby indemnify and hold harmless JamunJar against any liability, costs or damages arising out of claims or suits by or against such third parties based upon such access and use.Any Account Transaction authorised using Your User ID and Password shall be deemed initiated by You, and JamunJar shall treat such transactions as genuine and will carry them out even if given in error. JamunJar will endeavour to carry out Your instructions correctly, but it is Your responsibility to check that JamunJar has done so; if a transaction has not been carried out correctly, it is recommended to notify JamunJar as soon as possible.JamunJar would be entitled, at its sole discretion, to seek offline written or other confirmation from You of any Account Transaction to ascertain its genuineness.

You are instructed to use only the User ID and Password assigned to You. Use of access credentials meant for other users will be identified as unauthorised access, and may result in Your access being disabled or barred, and legal action may be taken as per applicable law. You shall treat Your access information as confidential and may not make the Platform or its contents available to third parties without JamunJar's prior written consent.

JamunJar's own records of Account Transactions maintained through its computer systems or otherwise, including records of transactions or instructions received or processed through the Platform or through any other mode or medium made available by JamunJar, together with the date and time of such transactions or instructions, shall, subject to applicable law, be conclusive proof of their genuineness and accuracy and binding for all purposes.

The Platform is deemed to be in use or accessed by You when it is loaded and/or continues to be loaded in the temporary or permanent memory of Your device or its internet browser.

You agree to use the Platform strictly for Your personal use, and not for any purpose inconsistent with these Terms, in contravention of any law, or deemed inappropriate by JamunJar. You agree not to use, transfer, distribute or dispose of any information on the Platform in any manner that could compete or conflict with JamunJar's business interests.

These Terms and any notices or communications regarding the Services may be provided to You electronically, and , physically, telephonically or through such other mode or medium as may be permitted by JamunJar, including by being posted on the Platform or delivered to Your registered email address or mobile number. You agree to receive communications from JamunJar in the applicable form or mode through which they are provided by JamunJar., All such communications, where required by applicable law, will be considered to be in “writing”.

Where the Platform enables You to link a third-party payment or wallet account for the purpose of completing a transaction, JamunJar acts solely as a technical facilitator of such linkage and not as Your agent or power of attorney holder.The Platform does not have the capability to initiate any transaction affecting Your linked accounts or provide notices or instructions affecting such linked accounts. Transactions and inquiries that You may initiate on the linked accounts at such third-party sites are not made through the Platform, and JamunJar assumes no responsibility for such transactions or inquiries. If You have a dispute or question about any transaction on such website(s), You shall direct those to the respective providers of the linked accounts.JamunJar has no relationship to, affiliation with, or connection to any such third-party websites, except where they belong to group or associate companies in which You hold an account; even then, the Services are not endorsed or sponsored by such third-party websites/providers.

When JamunJar receives a transaction instruction from You through the payment mode, we will be entitled to debit any payment plus any applicable charges from the account You have specified. We shall not be liable if any transaction does not fructify or is not completed, or for any failure by the bank or card agency to perform its obligations. We shall be under no liability in respect of any loss or damage arising from the decline of authorization for any transaction on account of the cardholder having exceeded any preset limit agreed with the card-issuing entity.

Where a product ordered through the Platform is a prescription medicine, You shall be required to upload a valid prescription issued by a registered medical practitioner prior to fulfilment of the order. The fulfilling pharmacy shall be responsible for verifying the validity of such prescription in accordance with the Drugs and Cosmetics Act, 1940 and rules made thereunder. JamunJar does not itself verify or validate prescriptions and shall not be liable for any fulfilment of an order based on a prescription later found to be invalid, forged or improperly issued, save to the extent such fulfilment arises from JamunJar's own gross negligence or wilful default.

Refunds and cancellations in respect of goods and services purchased through the Platform are governed by JamunJar's Refund and Cancellation Policy, which forms part of these Terms and is available on the Platform.

JamunJar accepts no liability, direct or indirect, for non-compliance with the laws of any country other than India. The mere fact that the Platform can be accessed by a User in or from a country other than India does not mean that the laws of that country would govern these Terms or Your use of the Platform.JamunJar's performance of these Terms is subject to existing laws and legal process, and nothing in these Terms derogates from JamunJar's right to comply with governmental, court and law enforcement requests relating to Your use of the Platform.

You should assume that everything You see, read, hear or experience on the Platform, including directories, charts, guides, pictures, news articles, text, images, source code and trademarks (collectively “the Content”), is protected by intellectual property law unless otherwise stated, and may not be used except as provided in these Terms. See further JamunJar's Intellectual Property Policy.

JamunJar may, at any time, cancel Your registration if: You have breached these Terms; JamunJar believes it is required to do so by law or a regulatory authority; You have uploaded objectionable content; or You have provided false or incorrect information as part of Your registration.Where reasonably practicable and not prohibited by applicable law, JamunJar shall, prior to or upon termination of Your registration, provide You with a reasonable opportunity to access or export Your prescription history, test reports and other health records held on the Platform, in accordance with JamunJar's Privacy Policy.

JamunJar reserves the right to discontinue or suspend, temporarily or permanently, the Services. You agree that JamunJar will not be liable to You for any modification or discontinuance of the Services.

JamunJar may subcontract and employ advisors to carry out any of its obligations under these Terms and may transfer or assign its rights and obligations under these Terms to any Affiliate.All Account Transactions that cannot be carried out instantaneously will be carried out during working hours, either the same day or within such further period as JamunJar may specify depending on the nature of the transaction. You are requested to check with JamunJar the estimated time required for completion of a transaction prior to its execution.JamunJar's performance of its obligations under these Terms may be interrupted, and shall be excused, by the occurrence of a force majeure event affecting JamunJar or any of its sub-contractors.Payment transactions at a cybercafe or shared computer terminal are risky, and You shall not use such terminals for transactions on the Platform. JamunJar will not be liable for any misuse or fraud committed using such terminals.If JamunJar fails to exercise any right or remedy under these Terms, this shall not prevent JamunJar from doing so at any time in future. The words ‘including’ or ‘include’ will not be deemed to limit the general effect of the words which follow them. Each provision of these Terms will be construed separately, and if any provision is found illegal or unenforceable, the remaining provisions will continue in full force and effect. Headings will not affect the interpretation of any section. Any disclaimers and exclusions in these Terms will survive their termination.

You agree to indemnify and keep JamunJar indemnified at all times from all losses, damages, costs, expenses, loss of profits, loss of business, proceedings, actions and suits (including legal fees) caused to or suffered by JamunJar as a direct or indirect consequence of Your actions, or actions attributable to Your User ID, including due to breach of these Terms through negligence or default.We make no warranty regarding Account Transactions entered into through the Platform. No advice or information, whether oral or written, obtained from or through the Platform shall create any warranty not expressly stated herein. JamunJar, its employees, directors, suppliers and third-party advisors shall not be liable for any action taken by You based on information provided by the Platform. We will not be liable for any direct, incidental or consequential loss caused to You as a result of Your use of the Platform.If You are dissatisfied with the Platform, the Platform facility, or any of these Terms, Your sole and exclusive remedy is to discontinue using the Platform. You acknowledge that any rights not expressly granted herein are reserved.

Usage of this Platform and these Terms shall always be governed by the laws of India, and all disputes shall be subject to the exclusive jurisdiction of the courts at Mumbai.

JamunJar Health and Wealth Private LimitedDamji Shamji Corporate Square, C Wing, Office No. 312, Laxmi Nagar, Ghatkopar East, Mumbai – 400075

We're here to help! If you have any questions, need assistance, or want to report a technical issue, feel free to reach out to us:Email: support@jamunjar.comOur support team is available Monday to Friday, 10:30 AM to 5:30 PM IST.