Terms and Conditions -

Terms and Conditions

TERMS OF USE

This Terms of Use is a binding Agreement (“Agreement”) between you and Prarthana Healthcare LLP (“PALL”).

BY CLICKING ON THE “I AGREE” BUTTON BELOW AND BY INSTALLING OR OTHERWISE USING THE PALL APPLICATION (THE “PALL App”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE TERMS AND CONDITIONS, THEN DO NOT CLICK “I AGREE” OR INSTALL, COPY AND/OR USE THE APPLICATION.

As used in this Agreement, “we,” “us,” “our” and “PALL” means Prarthana Healthcare LLP (which shall if the context requires, include its successors and permitted assigns), and “you”, “your” means the Users (which shall if the context requires, include successors and permitted assigns).

Definitions

“Service Provider” means a merchant who lists his Services in PALL APP Online Market place with intent to sell/market his/her services on the PALL App.
“Client” means the person who accesses our website www.callthepall.com and/or PALL App to avail the services listed by the Service Provider.
“Website” means www.callthepall.com;
“Website/APP Policies” means all the policies that are made applicable at our discretion from time to time.
“Users” means Service Provider, Client, Payment Gateway providers, Logistics service providers and all other persons or service providers, who access or use the Website and/or PALL App Market place.
“PALL APP Online Market place” means the Website, where product and inventory information is provided by Service Providers, where Transactions are processed by us, and facilitated by Payment Gateway Providers and logistics support
“PALL App” shall mean the mobile app available on both the iOS platform and android platform.
“Payment Gateway Provider” shall mean the electronic / online payment system made available by banks, institutions, cash card brands and associate companies, as well as third party service providers and/or payment card industry members and/or their service provider/agents for facilitating and validating online transactions in accordance with the Payment Mechanism on the Website/ PALL App.
“Transaction” means every instance of purchase of the products/services by a Client as offered by any Service Provider on the PALL App.

This domain name www.callthepall.com & PALL APP is owned by, Prarthana Healthcare LLP a LLP incorporated under the Limited Liability Partnership Act, 2008 with its registered office Kukatpally ,Hyderabad-500034 Telangana State, India.

Mere use/ access/ browsing of PALL APP Marketplace by users shall be deemed to be a binding agreement to all the Terms and Conditions under this Agreement and its Website/APP Policies. Such access/ use/ transaction on PALL APP Online Market Place shall hereby obligate the User to the Terms and Conditions set forth in various policies/ guidelines/ Terms and Conditions on the Website and/or on the PALL APP.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use and Website/App Policies, at any time without any prior written notice to you. It is your responsibility to review the terms of this Agreement and policies periodically for updates / changes. As long as you comply with terms of this Agreement, PALL grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use PALL APP online Market Place.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE/PALL APP INDICATES USER’S AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you accept and agree to be bound by Website/PALL APP Policies as amended from time to time.

MEMBERSHIP ELIGIBILITY

This is a legally binding agreement and can only be accepted and agreed if you are eligible to enter into a contract as per the Indian Contract Act, 1872. We reserve the right to terminate your membership and / or refuse to provide access to the PALL APP if it is brought to our notice or if it is discovered that you are not eligible to enter into a contract as per applicable laws.

LICENSE

Subject to the terms and conditions of this Agreement, the PALL hereby grants you a limited, non-commercial, non-sub-licensable, non-exclusive, non-transferable right to install and use the App on one portable wireless device. You may not make the App available over a network where it could be used on multiple devices at the same time.

The term “App” includes any patches, revisions, updates, upgrades, software, code, files, images and other embedded software or replacements of the App (the “Revisions”) that may be delivered to you or that you may receive or that may be released by PALL, unless other terms and conditions are provided with the Revisions. If such terms and conditions are provided, you will have to agree to those terms and conditions before you are entitled to receive the Revisions. You also agree that upon the installation of any Revisions, you are only permitted to use the App as modified by the Revisions. You shall not either directly or indirectly, or through any third party, modify, adapt, translate, redistribute, rent, lend, network, lease, loan, issue, resell, for profit, or create derivate works based on the App and any portion thereof.

You acknowledge that by installing the App on your device, the App may aggregate, collect, retain or transmit to secure servers personal information such as, but not limited to, contact information, the serial number and IMEI number of your wireless device or cellular mobile phone. You hereby consent to the App collecting and storing such information on PALL’s servers and to receive calls from us, from time to time regarding updates of your progress from using the App and promotional information or offers in connection with the services provided under the App.

DUE DILIGENCE

The information provided by you may be used by the PALL for the purpose of Services including analysis, research, training and disclosure (where required) to the Company’s affiliates, group companies, agents and government authorities, etc.

The information provided by you can be retained by the PALL and can be used without revealing your identity.

The PALL reserves the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or the conditions in this Agreement.

USER ACCOUNT AND REGISTRATION OBLIGATIONS

While using the PALL APP, you shall maintain confidentiality and secure your details of your account including display name and password. You will be responsible for all the activities that may occur on your name and registered membership. You will be responsible for providing accurate and correct information pertaining to you and you will be responsible for updating the same upon any modification. You should inform us immediately if you know or have any reason to believe that your password has is being used in an unauthorised manner. We reserve the right to cancel or suspend your membership.

You shall promptly download and install all updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

COMMUNICATIONS
- You consent to receive/ communicate data, information, updates from us, through valid modes of communication which includes but not limited to emails, messages etc. We provide you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us after setting up an account. If you wish to remove your contact information from all our lists and newsletters, please visit www.callthepall.com

PLATFORM FOR TRANSACTION AND COMMUNICATION

We are an intermediary who provides Online Market place platform to you to meet and interact with the Service providers for the providing the services listed by such service providers. You further agree and acknowledge we only facilitate the transactions on the PALL APP and we cannot be a party to or control in any manner any transactions on the PALL APP. Accordingly, the contract of service on the PALL APP is strictly a bipartite contract between the User and the Service Providers.

USERS TERMS AND CONDITIONS

All terms and conditions under this Agreement and PALL APP policies are agreed by you to access and use the PALL APP. All the Terms of Use and PALL APP policies subject to which you have agreed to use the PALL APP Online Marketplace will be deemed to be part of contractual terms among the Users.

All the contractual terms are offered and accepted by Clients, Service Providers, other sellers and such contractual terms may include:
Price,
Shipping costs,
Payment methods,
Payment terms, date,
Period and
Mode of delivery,
Insurance,
Warranties related to products and services and
After sales services related to products and services.
Replacement or exchange of products or refund subject to Website/App policies

Neither Service Provider nor PALL is liable if the price or product information or any of the terms of provision of on any service(s) reflected on the PALL App wrongly displayed due to some technical issue, typographical error. In such incidence Service Provider reserves the right to cancel such order(s) and all other Users shall abide by the same.

You hereby confirm and agree that
we do not make any representation or warranty as to quality, value, salability, quantity, title, identity or delivery, etc., of the products or services proposed to be sold or offered to be sold or purchased on the PALL App.
we do not make representation as to the creditworthiness or ability to perform the obligations of a Service Provider. Clients are required to make their own verification before entering into contract with a Service Provider.
we do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the PALL App.
we are not liable for any errors or omissions, whether on behalf of the Users or third parties.
we are not liable for breach of contractual terms by any of Users in performance of the contract by them. We are not liable for any loss or damages arising out of such breach of contractual terms or Terms of Use etc.
We are not a guarantor for the performance of contractual terms by any of the Users.
We do not have any title to or have any rights or claims over the products or services offered by Service Provider or other sellers to you.

CHARGES TO CLIENTS

We do not charge any fee from the Clients for browsing and/or buying of products or availing services on the PALL App. But we reserve the right, at our sole discretion, –

To modify/change our Fee Policy at any point of time in future at our sole discretion to charge for the services that are provided free of charge.
To introduce new services and modify some or all of the existing services offered on the PALL App.
To introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.

Changes to the Fee Policy will be posted on the PALL App and such changes shall automatically become effective immediately after they are posted on the Website/ PALL App. Fees shall be quoted in Indian Rupees. Users shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.

USE OF THE PALL APP AND INFORMATION TECHNOLOGY INFRASTRUCTURE

You agree, undertake and confirm that the use of PALL APP shall be subject to the following terms:

You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website/PALL App that:

belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms any person in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violate any applicable law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which grossly offensive or menacing in nature;
impersonate another person;
send, circulate or perpetrate any information or data which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable of fence or prevents investigation of any offence or is insulting any other nation;

you shall not:

make any representation which misleading in any way;
engage in commercial activities through Website/PALL App without the prior consent of PALL; or
engage in any action that imposes an unreasonable or disproportionately large load on the IT infrastructure of PALL or interferes with its functioning.

SERVICE PROVIDERS AND SELLERS AGREE –

To grant non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to us to exercise the copyright, publicity, database rights or any other rights to market the products and other related works and services in accordance with the Terms of Use and Privacy Policy applicable.
To provide accurate, correct and complete information in all respects and agree not to exaggerate or over emphasize the attributes of the products or services or mislead the Users in any manner.
not to engage in advertising or solicitation of our Users to buy or sell any products or services that are not displayed on the Website/PALL App or not related to us.
not transmit any unauthorized chain letters or unsolicited commercial or junk email to Users via the PALL APP Online Market place.
To obtain all the licenses to provide services or to display and sell the products including license under the Drugs and Cosmetics act, 1940 or any other licenses required under applicable laws if applicable.
Not to use any information obtained from the Website/PALL App in order to harass, abuse, or harm another User/person, or in order to contact, advertise to, solicit, or sell to another person without our prior explicit consent.
To be solely responsible for the content of the materials they post on the website/ PALL App and in their private messages.
That its correspondence or business dealings with advertisers or any other intermediaries found on or through the Website/PALL App in promotions, delivery or service of products including payment or other services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between them and such advertiser or intermediaries. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website/ PALL App.

SPECIAL PRIVILEGES AND RIGHTS OF PALL

We reserve the right, but have no obligation, to monitor the materials posted on the Website/PALL 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 this Agreement.

PALL is not liable either directly or indirectly –
1. If unauthorized Users or hackers post or transmit offensive or obscene materials on the Website/ PALL App and are involuntarily exposed to such offensive and obscene materials.
2. If unauthorized Users or hackers obtain personal information about Users due to their use of the Website/ PALL App, and that the recipient use of such information to or injure Users.

If any personal information that Users privately/publicly disclose or share with others on the Website/ PALL App.

CONTENTS ON WEBSITE/PALL APP

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the Website and PALL App (collectively, “Content“), is either owned by us or by a third party user and we have no control or rights over such third party user content.
This Agreement does not grant you any rights to trademarks, copyrights or patents of PALL or any other third party
All the information, feedbacks, reviews and advice by us or other users of the Website/PALL App is for information purposes only and does not constitute professional advice. We do not represent or endorse the accuracy or reliability of any content posted on any interactive area and you acknowledge that any reliance upon such content shall be at your sole risk.
No part of the content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or used without authorisation.
You shall use information for downloading, provided that:
- you shall not remove any proprietary notice language in all copies of such documents,
- You shall not copy or reproduce any portion of the App and/or the Website;
- You shall not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the App or any part of it;
- you use such information only for their personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
- you make no modifications to any such information, and
- you do not make any additional representations or warranties relating to such documents.
- You shall not use any electronic communication feature of the App if any for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
- You will not collect or store personal information about other users;
- You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in this Agreement.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE WEBSITE/PALL APP AND ALL THE MATERIALS, PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE) AND SERVICES, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE/ PALL App ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBISTE, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEITHER PALL NOR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

PALL IS NOT RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PALL APP, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE.

LIMITATION OF LIABILITY: IN ANY CASE, THE ENTIRE LIABILITY OF PALL SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO SUBSCRIBE TO THE SERVICES PROVIDED ON THE APP.

SERVICES AND PAYMENT

While availing any of the payment method/s available on the PALL APP, we are not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

Lack of authorization for any Transaction/s, or
Exceeding the preset limit mutually agreed by you and “Banks”, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
Action or inaction on the part of Banks or Payment Gateway Providers.

All payments made against the purchases/services on Website/PALL App by Users shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate transaction with respect to any other form of currency with respect to the purchases/availing of services made on its Website/ PALL App.

Before shipping / delivering an order, Service Provider may request for supporting documents, at its discretion, to establish the ownership of the payment instrument used for the purchase. This is done in the interest of providing a safe online shopping.

Transactions, Transaction Price and all commercial terms are as per principal to principal bipartite contractual obligations between Client and Service Provider. Use of the payment facility shall not render us liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties.

Service Provider and other Service Providers have specifically agreed and the Third Party Service providers authorized by us to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery mode to and from the Clients in respect of transactions by employing Online Payment Facility or Cash on Delivery (COD).
Service

you understand and agree that:

The payment facility provided by us through third party service providers is neither a banking nor financial service but is merely a facilitation by providing an automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Website/ PALL App using the existing authorized banking infrastructure and Credit Card payment gateway networks.
we are neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price or by providing Payment Facility,

PAYMENT FACILITY FOR CLIENTS

Clients agree and acknowledge that by initiating a Transaction, they enter into a legally binding and enforceable contract with the Service Provider to purchase the products and /or services from the Service Provider. Clients shall pay through the Payment Gateway Provider or through COD as specified thereunder.

Except in case of receiving products or services through Cash On Delivery transactions, you shall electronically notify us using PALL APP features immediately upon Delivery or non-Delivery of the products/services. Non notification of delivery or non-Delivery of the product within one week shall be construed as a deemed Delivery in respect of that Transaction.

You shall only be entitled to claim a refund as per the “Refund Policy”.

we reserve the right –
to impose limits on the number of Transactions or Transaction price which we may receive from on an individual through a valid Credit/Debit/ Cash Card / Bank Account/ and such other infrastructure or any other financial instrument;
to refuse to process Transactions exceeding such limit.
we reserve the right to refuse to process Transaction by you with a prior history of questionable charges including without limitation breach of any agreements or Website/App policies by you or breach/violation of any law or any charges imposed by Issuing Bank.
we may do such checks as we deems fit before approving the receipt of your commitment to pay Transaction price/delivery of goods at our discretion and we reserve the right to refuse the transaction if it is not satisfied with your creditability or genuineness of the Transaction / Transaction price,
If you are engaged in any illegal or suspicious transaction, we reserve the right to inform law enforcement officials, delay notifying the payment confirmation or hold the transaction.
you acknowledge that we will not be liable for any damages, interests or claims etc., resulting from not processing a Transaction/Transaction price or any delay in processing a Transaction/Transaction price.

COMPLIANCE WITH LAWS

you shall comply with all the applicable Domestic and International laws

ILLEGAL AND FRAUDULENT TRANSACTIONS

If we have suspicion or knowledge, that you are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then we without prejudice to our rights to initiate civil and/or criminal proceedings against you may also at our sole discretion suspend, block, restrict, cancel your account. Any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

INDEMNITY
- You shall indemnify and hold harmless PALL, its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by the laws of India.

You agree that all claims, differences and disputes arising under or in connection with or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts at Hyderabad and you hereby accede to and accept the jurisdiction of such courts.

SALE IN INDIA ONLY

Unless otherwise specified, the products/services displayed on the Website/PALL App are solely for the purpose of sale in India. We make no representation that products/services displayed in the Website/ PALL App are appropriate or available for sale in other Countries other than India. Those who choose to access the Website/ PALL App from countries other than India such act shall at their own initiative and we are not responsible for supply of products/refund for the products ordered from countries other than India, compliance with local laws. Courts at Hyderabad shall have exclusive jurisdiction.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
In the event of any complaints or concerns with respect to the website/ PALL App or our services, please contact our Grievance Redressal Officer at admin@callthepall.com

Trademark complaint

We respect the intellectual property of Service Providers and others third parties. In case you feel that Trademark of any person has been infringed, such aggrieved person can write to us at director@callthepall.com

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of PALL APP Online Marketplace through PALL APP or www.callthepall.com