Terms of use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 Diabakart.com website. The use/purchase of any of the product (the “Materials”) available through diabakart.com (hereinafter referred to as “Website”) is owned by Diabakart Health & Living Pvt Ltd, a company incorporated under the Companies Act, 1956 with its registered office at shop no.23, csc, GF, DDA market, Pocket C1, Mayur vihar Phase 3, Delhi-110096, India (hereinafter referred to as “Diabakart”). For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who visits or uses the Website. The term “We”, “Us”, “Our” shall mean Diabakart Health & Living Pvt Ltd. Your use of the Website is governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. Use of the Website shall subject You to the policies that are applicable to the Website. By mere use of the Website, You shall be contracting with Diabakart Health & Living Pvt Ltd and these terms and conditions including the policies constitute Your binding obligations, with Diabakart. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR 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 also accept and agree to be bound by Diabakart Policies (including but not limited to Privacy Policy available on Privacy Policy as amended from time to time. User Eligibility Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not use the website. Pricing  All prices indicated are inclusive of GST unless specified otherwise. All prices are quoted in INR. Offer price/ discounts shall be announced on selected products from time to time. Shipping Policy To ensure ease of selling and the best possible customer experience, we ensure delivery to all customers via our logistics partners. Shipping fee is charged over and above the selling price at a flat fixed rate across all products for ease of the customers. The delivery shall be completed within 1 to 10 days (as applicable or opted by the customer) from date of placing the order. Any issue reported during delivery may be conveyed to the grievance officer. Shipping Timelines: Minimum: 1 Day/Same day Maximum: 10 Days Your Account and Registration Obligations  If You use the Website, You shall be responsible for all your activities and actions. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. Communications When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. Third party content:  You acknowledge and agree that the Third Party Content is not created or endorsed by Diabakart. By using any Third Party Content, You may leave this Website and be directed to an external website, or to a website maintained by an entity other than Diabakart. If You decide to visit any such site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. Posting on the Website: Diabakart does not claim ownership of the materials You provide to Diabakart (including feedback and suggestions) or post, upload, input or submit to any section of the Website, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) Your Submission You are granting Diabakart, its affiliated companies and necessary sub-licensees permission to use Your Submission in connection with the operation of their business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any other party. Profanity Policy Diabakart prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to your Submissions, Postings and all other areas of the website that another User may view. We allow Users to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***). Please report any violations of this policy for review. If a feedback comment; or any communication made between Users on the Website; or email communication between Users contain profanity, please review Our feedback removal policy and submit a request for action/removal. Privacy We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available on the contact us page. If You object to Your Information being transferred or used in this way please do not use Website. We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out. We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public. We and our affiliates will share some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information. Indemnity You shall indemnify and hold harmless Diabakart, its owner, licensee, 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 Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party. Disclaimer The Website may contain inaccuracies and typographical and clerical errors. Diabakart expressly disclaims any obligation(s) to update this Website or any of the materials on this website. Diabakart does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Diabakart reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Diabakart may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. This Website is for informational purposes only and should not be construed as technical advice of any manner. Applicable Law Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi. Contact Us Please contact us at [email protected] for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website. 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: Mr. Vishal Kashyap Diabakart Health & Living Pvt Ltd Email: [email protected] Phone: 7291824616 Time: Mon – Sat (10:00 – 18:00)

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