Welcome to www.swasthya.com.np ("swasthya.com.np", "Swasthya", "Website", "Pharmacy",” App”, or "we"). This Website/App is owned and operated by Snap Pharmaceuticals Pvt. Ltd, whose registered office is in Kathmandu, Nepal.
1.CREATING AN ACCOUNT:
1.2 You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.
1.3 Your Swasthya Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Swasthya Account.
1.4 Swasthya.com.np will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorized use of your Swasthya account, you shall immediately notify Swasthya.com.np.
1.5 It is your responsibility to keep your email address up-to-date on your account setup at Swasthya.com.np/app so that we can communicate with you electronically.
1.6 By creating this account you agree to receive communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.
2.2 We understand the privacy of all information you provide is of a primary importance. This is why we do everything possible to use it carefully and sensibly. This information is never shared with other companies or third-party service providers.
All your transactions are secure when you place an order online at swasthya.com.np. Your personal information is encrypted by using 256-bit Secure Sockets Layer (SSL) encryption technology before being sent over the Internet, which ensures the privacy and high level of security of all your information.
5. CUSTOMER MEMBERSHIP/USAGE/ELIGIBILITY:
The membership/usage of the Website/App is restricted to those above 18 years of age, or to such group that can be termed to have attained 'majority' under the laws of the respective jurisdictions where this Website/App can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.Further, you are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the Company has reasonable reasons to believe you have done so, we hold the rights to suspend your account and/or terminate this Agreement without any notice and without being held liable for the same.You understand the App downloaded/or the website you use on to your phone or tablet is owned by us and we may automatically upgrade the App/website and these Terms shall apply to the upgrades as well. We reserve the right to terminate this agreement without any notice and suspend the account without assigning any reason.
6. PRICE AND PAYMENT:
The installation and use of this Website/App is free of cost and this includes only the usage of certain services of the Website/App. You hereby understand that this no charge policy maybe amended at any time at the discretion of the Company. However, in the event, you use the App/Website to choose a Doctor/registered medical practitioner and book an appointment, you shall be required to pay for the consultation. In case of video or phone consult, you shall be required to pay for the consultation prior and in the case of clinic consult, the patient shall pay the Doctor/registered medical practitioners either before or after the consult. For the purpose of this section, Buyer would include any user choosing to use the services offered on our App/Website. Seller means Us/Website/App/Company.While availing any of the payment methods available on the App/Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
i. Lack of authorization for any transaction(s), or
ii. Exceeding the preset limit mutually agreed by you and between ‘Bank(s)’, or
iii. Any payment issues arising out of the transaction, or iv. Decline of transaction for any other reason(s).All payments made against the services on the App by you shall be compulsorily in Nepalese Rupees. The Website/App will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website/App.
6.1 All our product prices include all applicable statutory taxes.
6.2 We make every effort to make sure that the pricing and availability of Products on our Website/App is accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale.
6.3 We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
6.4 Following are Swasthya.com.np delivery charges, which are based on the order value.
Up to Rs. 149.99
Rs. 150 – Rs. 999.99
Over Rs. 1000
Note: Delivery charges quoted above are applicable on ALL Orders at Swasthya.com.np.
6.5 Delivery times may vary depending on the delivery location as well as the type of product you order.
6.6 You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or Cash on Delivery.
6.7 Credit/Debit Card and Net Banking Payments are processed via our online payment service partners.
7. USE OF INFORMATION ON THE WEBSITE/APP:
7.1 The information on this Website/App is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice from qualified healthcare professional with any questions you may have about your medical condition.
7.2 Swasthya.com.np does not endorse any views or opinions that may be included in the Website/App Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and Swasthya.com.np.
8. THIRD PARTY INFORMATION:
The content on the Website/App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’). The Website/App may contain links to/ content of third-party websites that are not associated with us. We have no control over any third-party user generated content as we are merely an intermediary for the purposes of those content. In the event, if any of the Third-Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and we shall not be liable. You may send as an email at firstname.lastname@example.org to report any such content.Other than that when expressly allowed, any use of our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
9. USER CONTENT:
10. USER OBLIGATIONS:
You are a restricted user of this Website/App.
10.1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted. You shall not, nor allow third parties on your behalf to
(i) make and distribute copies of the Website/App
(ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website/App; or
(iii) create derivative works of the Website/App of any kind whatsoever.
10.2. You agree not to access (or attempt to access) the App and/or the materials or Services by any means other than through the interface that is provided by the Website/App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, 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/App. You acknowledge and agree that by accessing or using the Website/App or Services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App. Further, you may report such offensive content by sending us an e-mail to our official e-mail address.
10.3. This Website/App by nature allows you to upload information; you undertake to ensure that such material is in accordance with applicable laws. Further, you undertake not to:a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another's computer;
g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of the Website/App, including any account not owned by you, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Website/App;
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
k) Use the Website/App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties;
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside Nepal;
n) Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website/App contained herein or elsewhere;
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) Threaten the unity, integrity, defence, security or sovereignty of Nepal, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside Nepal;
r) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
s) Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;While we shall not be held liable or answerable to Users for any such acts on your part, violation of this clause would lead to potential criminal legal action against you, either by other Users of the Website/App or by us.We can (and You hereby expressly authorize Us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.We have no obligation, to monitor the material posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the App. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
11.1 All information, Products and services included on or otherwise made available to you through this website/App are provided by Swasthya.com.np on an "as is" and "as available" basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website/App is at your sole risk.
11.2 Swasthya.com.np assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.
11.3 Swasthya.com.np has exerted reasonable efforts to ensure that all information published on the Website/App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/App at our sole discretion.
11.4 Swasthya.com.np cannot guarantee the adequacy, currency or completeness of the Website/App content. Swasthya.com.np does not warrant or endorse the effectiveness, quality or safety of the Products available on its Website/App.
11.5 We disclaim responsibility for any harm to persons resulting from any instructions or Products referred to in the Website/App. Swasthya.com.np is not associated with any manufacturer of medicines or other products on the Website/App. We do not warrant that the Website/App, or its content will meet your requirements.
11.6 Please note that while Swasthya has made every effort to accurately display the colours of products on its Website/App, the actual colour you see will depend on your monitor. We cannot guarantee that your monitor's display of any colour will be the same as the colour of the Products delivered to you.
11.8 Swasthya.com.np accepts no responsibility for any loss or damage suffered due to your reliance on the product reviews posted by the Swasthya Users.
11.9 Swasthya.com.np reserves the right to modify or withdraw any part of the website/App or any of its content at any time without notice.
12. APP/WEBSITE AVAILABILITY:
We take all reasonable care to ensure the availability of the Swasthya.com.np Website/App 24 hours every day, 365 days per year. However, the Website/App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. Swasthya.com.np does not warrant uninterrupted access to this Website/App or any linked website/App. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website/App.
13. LINKS TO THIRD-PARTY WEBSITES:
We provide link to third-party websites, our online payment service partners, which process your Net Banking and Credit/Debit Card payments, respectively. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such Website link.
14. TERMS OF SALE:
14.1 Swasthya.com.np may accept or decline any order placed by a Customer in its absolute discretion without liability to you.14.2 Swasthya.com.np reserves the right to discontinue any program or offer on its Website/App.
14.3 We reserve the right, without prior notice, to limit the order quantity of any Products available on Swasthya.com.np.
14.4 We acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by the Pharmacy Swasthya and/or its affiliates. You confirm that you have had a physical examination by a physician and do not require a physical examination.
14.5 You understand that all Products shall be sold & dispensed by a registered Pharmacist at Swasthya and/or its affiliates.
14.6 If you are the patient/parent/authorised person on behalf of the patient, you authorise and appoint the Pharmacy Swasthya and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent the Pharmacy; and (b) packaging your prescriptions and delivering them to you. By making this purchase you hereby authorise Swasthya and/or its affiliates to ship the order by Post/courier to your designated location. This authorisation shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfillment of your order. "YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES."
14.7 "If you are the parent/legal guardian/authorised person for the patient disclosed herein, you affirm that you are over the age of majority, and have full authority to sign for and provide the above representations to the Pharmacy Swasthya and/or its affiliates on the Patient's behalf."
15. PRESCRIPTION MEDICATION POLICY:
15.1 Swasthya.com.np, a fully licensed and regulated pharmacy, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
15.2 Swasthya.com.np will not dispense any prescription medication without a valid prescription from a licensed physician.
15.3 If you are ordering prescription medication(s), you hereby confirm that you will send us a scanned copy of your valid prescription(s) via email, fax, Whatsapp, or by post, and this prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacists.
15.4 If our pharmacists have any questions or concerns about the prescription(s) you hereby authorize them to consult with an external network of doctors about the validity of the prescription.
15.5 The drug information provided in the Swasthya.com.np is for informative purposes only and this Website/App is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website/App.
15.6 Swasthya requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from Swasthya.com.np.
15.7 At Swasthya.com.np, a Caregiver can order prescription medicines on your behalf.
16. CANCELLATION, RETURN AND REFUND POLICY:Refund Policy:At Swasthya.com.np, we do our best to ensure that you are completely satisfied with our products. And we are happy to issue a full refund based on the conditions listed below:
Full Refund Possible If:
• you received a defective item;
•the ordered item(s) is lost or damaged during transit;
• the ordered item(s) is past its expiry date.
Please note: Mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to 10 working days for the credit to appear in your account. While we regret any inconvenience caused by this time frame, it is the bank's policy that delays the refund timing and we have no control over that. If the mode of refund is by NMS Wallet, credit should be available within 24 hours.
How to Request a Refund:
To request a refund, simply email us your order details, including the reason why you're requesting a refund. We take customer feedback very seriously and use it to constantly improve our quality of service.If you have any queries, do call our help desk at 72007-12345, email us at email@example.com, or contact our customer support executives through online chat. We're here for you!
29. TERMINATION:You agree that swasthya.com.np, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the Website/App, at any time. You agree that any termination of your access to the Website/App or suspension of your account may be affected without prior notice, and you agree that swasthya.com.np shall not be liable to you for any such termination. Your right to use the swasthya Website/App /Service immediately ceases upon termination of your access/use of the Website/App.
30. CHANGES TO THESE TERMS AND CONDITIONS:We reserve the right to amend these terms and conditions from time to time without further notice to you. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the Website/App. It is your responsibility to review the swasthya.com.np Terms and Conditions regularly. Your continued use of the Website/App following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.
31. MISCELLANEOUS We reserve the right to change these Terms of Service at any time without notice in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website/App after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website/App prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires us or any of their assets.We hereby reserve the right to block usage of the Website/App if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Nepal law to claims any damages or initiate any legal proceedings against the User.
Please contact us for any questions or comments regarding these Terms and Conditions.