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Our Policies

1. General

1.1 BuySM - India's #1 Online Speciality Medicine Pharmacy is incorporated under the laws and regulation of the India, Headquater located at the Mumbai, Maharastra, India ("BuySM", "we", or "our") is one of the most trusted and authorized online pharmacy, solely operated and manage an online business or marketplace from the website named buysm.com and having a mobile application to run online pharmacy under the brand name BuySM (collectively called "Platform") that provides the opportunity to different vendors to enhance their business by selling their services / or product to the buyer online through our transparent, secure and reliable platform. ("users" or "user" or "your" or "you")

1.2 This privacy policy is applicable together with our terms and conditions ( live at: https://buysm.com/terms-and-conditions ) govern your use of the website / application / platform and elaborate our privacy policy and complete procedure on the use, collection of data, data processing, disclosure, storage and how we transfer the information that provided on the website / platform / application by you. By viewing, accessing, browsing, visiting, using and purchasing products or services from the website / application / platform, you must understand and agree to be bound by the listed terms and conditions of this privacy policy and consent for the collection, storage, dealing, handling, shorting, possession, transferring or disclosure of your given data or information under the legal terms of the privacy policy. We shall not use your or your user's information for any purpose or in any manner except as mentioned in this privacy policy. Terms used but not defined herein shall have the meanings assigned to them under the terms.

1.3 This electronic document or digital record is governed by the Indian Information Technology Act, 2000. Act NO. 21 Of 2000 and any other rules and regulations made thereunder may be applicable too, and other amended provisions. This is computer generated electronic record, and it does not need any digital or physical signatures or stamps.

1.4 This privacy law sets out what personal information we collected from our members or users, including what nature of the sensitive information or data & the what is the purpose of the information, that means different modes of usage of such data or information and how such sensitive information shall be transferred or whom shall be disclosed by us. If you have any issue or difficulties or problem with, shall have the right to withdraw their consent at any time and use your personal or any sensitive information that you submitted to our website / application / platform. However, please consider that once you withdraw consent, you can't use any of our services corresponding to your revoked consent. But make sure that your final decision of the withdrawal of consent shall not affect the lawfulness of processing your personal information. Based on consent before its withdrawal. Before giving consent, the data subject shall be informed thereof.

1.5 Please make sure that you familiarize yourself and understand our privacy policy before using our website / application / platform. If you do not agree with any provisions or sections of this given privacy policy, You must not use or access the website / application / platform.

2. What Type Of Information We Collected

2.1 We may be required your information whenever you visit, login, signup, browse, use, access the website / application / platform. We may share and collect information and maybe use it consistent with the provisions of this policy. We may use that information and combine it with other data or information to improve and provide services, products, advertisings, related products, content and more.

2.2 You must agree that the information you provided or submitted to our website / application / platform is correct, valid, trustworthy, accurate and latest. You may update, access, alter or require to delete your personal information from our website / application / platform, don't hesitate to get in touch with cs@buysm.com or call : "mobile Number".

2.3 The website / application / platform is not directed at children and minors. We do not collect any personal or sensitive information from the user whose age is under 18 years. Suppose we found any personal or sensitive information we have collected of users below 18 years. In that case, we will immediately take action to delete such information in a minimum time frame. Suppose parents or guardians found or were aware that their child has submitted their personal or sensitive or any other information on the website / application / platform without their permission. In that case, they contact us at cs@buysm.com for the deletion of such information. Any use of services by the user below the age of 18 is against the law to the privacy policy and terms and conditions. We shall not be held responsible and liable for any damage, loss, injury suffered by such user.

2.4 We may collect different types of information from you. It includes your full name, email ID, password, mobile number, mailing address, contact information, including interaction and any other usage detail with our partner affiliate and us. We may collect such data or information from you and process or combine it with additional information available to us that will help us identify you ("Personal Information"). Your personal information included buy that information is not limited to your contact number, full name, email address, DOB, gender, residential address.

2.5 We may use, receive, collect, store or process certain sensitive personal information or data, but not limited to;

2.5.1 User password;

2.5.2 Financial Information Example, Credit card or debit card or bank account detail or other payment detail or instructions.

2.5.3 Your mental, physiological and physical health detail;

2.5.4

4.1 In some cases, we are required to disclose your data or information time to time that is collected from you via website / application / platform to our secure and trusted external service provider (third party) who assist us in facilitating the provision of purchase or buying of products and service on the website / application / platform. We may share your information with our trusted and authenticated payment gateway service provider to process any money transaction on the website / application / platform. Using the website / application / platform, You must consent or agree to such necessary disclosure of your data or information with our trusted and secure third-party service provider. We ensure that we are using the most secure and trusted third-party service provider. They are bound by confidentiality or/and use, maintain all industry standards, and follow the latest technology and standards to access such sensitive information.

4.2 Make sure that we may disclose your information which such data or information disclosure is requisitioned under any act or law or judicial decree or when we, the right and power to decide a matter, deem it necessary to protect our fundamental rights or legal rights of any other registered members or user, to save or prevent harm to any property or persons, prevent fraud and credit risk.

4.3 Understand and agree that we may disclose or transfer or share your data or information with any third-party service provider. There is no need to worry that it is part of the reorganization, division, or transfer of a part of a sale of our assets or the whole of us. We must ensure and authenticate that the third party to which we share, disclose, transfer, or sell our assets will follow all security standards and have appropriate confidentiality to secure and protect your essential data or information. At least as protective and secure as those terms described in this given privacy policy, to store, process, transfer, handle or disclose your data or personal information. You can opt-out of such disclose, transfer if a new third party plans to process your information differently from set out in this Privacy Policy.

4.4 A third party payment gateway which we use for transactions on website / application / platform may be required some information like financial information from you including, but not limited to, your bank account detail or your debit or credit card number or information (known as "financial information"). Any information provided, especially financial information collected from you by our trusted third payment gateway service provider, will use your financial information for any online payment process or for billing purposes only. The information collected from you is processed or transacted through highly secured digital platforms of authorized or approved and trusted payment gateway, which encrypts your financial information (high-security encryption algorithm), complying with the highest and required security standards. You need to verify your financial information first through an authentication process in which we do not have any responsibility and role to play. Hence, we are not responsible or liable for the same. We shall neither responsible in any manner nor be liable for any inaction or action of the online third-party payment gateway service provider or any breach of representations or breach of contract or guarantees and warranties given by them. In such cases, we are not obligated to mediate or resolve any dispute, issue or disagreement between such third-party payment gateway service provider and you.

4.5 We take all steps and follow the highest security standards and latest technology, hardware and software to ensure that your sensitive information, personal information and financial data are secure and protected on our website / application / platform as per applicable laws. We strongly advise you that discretion must be exercised reasonably while providing any of your personal or sensitive, or financial information at the time of using our website / application / platform / services, given that the online services or internet is susceptible or vulnerable to security breaches.

4.6 Your given information may be stored, updated, processed, communicated or transferred in any other country other than the location of the country from which you visit, browse or access the website / application / platform. To transmit, disclose, processing or share information or data under the given privacy policy, we have all the reserve the right to process, share or transfer any data like personal information, sensitive information or financial information outside your country. and also within our trusted affiliate partners, other partners and subsidiaries whose subcontractors and personnel, provided they must agree that the same level of information protection as described under this given privacy policy and information and data protection laws and regulation of India. Your information may include we used or transferred in the event as it is necessary to improve performance or our website / platform / application, services, operation and features of the website / application / services and products provision as agreed upon between third party and us.

5. Security

5.1 We are one of the most trusted and secure online platforms. As security and protection of your information like personal information, sensitive information or financial information is our priority. We have introduced and implemented the highest security policies, standards, rules and regulations and technical measures, what required under data protection law, including different layers of security, firewalls and other technical, electronic and any physical security standards or measures to protect your all information (personal, sensitive, financial) that is secured from any unauthorized access, accidental or failure loss, improper use and disclosure, unauthorized alteration or modification. When you use our website, application, platform or services and submit your data or information to it, your data or information is protected through our highly secured security system. Please ensure that we are using Internationally Recognized and Industry standards as per applicable rules, regulations and laws of protection.

5.2 Your data or information is transferred or contained within our most secure network. Our limited number of authorized people can access them, who have the authority or right to access such a system, or they require such information for the purposes provided in our privacy policy. These authorized people, who have access to such information, are also obligated to keep the confidential information to themselves.

5.3 We make the most incredible possible effort to store, process, and transmit all the data and information submitted by you in a standard operating environment (SOE) that is not accessible by the public. You must acknowledge, agree and understand that there's no such thing as total security. We do not responsible and guarantee that there will be no unintended data disclosures and any security breaches. You must understand and agree that we are not responsible or liable for any such security breach or any action taken by third parties that receive or steal your data or information or events that are reasonably beyond our control including, any unauthorized access to server and storage devices and computer data, computer hacking, acts of government, device crashes, security breach and any encryption etc.

6. Cookies Policy

6.1 Due to internet connectivity and communication standards, when you browse, visit, using or accessing the website, application, platform, we get Uniform Resource Locator (URL) from which you use, visit, access, browse the website, application or platform. Complete detail of the website you are visiting on leaving the website, application or platform. Assign IP address (IP) of each user's system, operation systems detail, what web browser the user is using, name of internet service provider, and email patterns. This collected information is used to analyze the overall user experience and trends, which help us to improve our functionality and services. Please make sure that the link between the user's personal information and IP address detail is not shared with and external parties (third parties) without the user's permission except if needed to share or required by any government law or to provide or to help the visitor with the services or products. You must understand, acknowledge and agree that we have all reserve right to share data combined from several measurements, including the user's personal information provided to us in a de-identification, aggregate form, and not the particular data with sponsors, investors, advertisers, partners, strategic and other who help us to improve leads and grow our online business. The data or information we receive depends on the user's browser setting to access the website, application, platform. If a user wants to know that what information we receive, please refer to the browser used.

6.2 Website, application or platform used temporary cookies to store some data. We never store any personal information in cookies for security reasons. The data or information that we collect or receive, by any means whatsoever, that does not identify, contact, or locate a specific individual. It is only limited, owned, and accessible by us and by external services (third parties) for the technical administration of the website, application or platform, research, development, or other purposes.

6.3 You understand that you may change or set your web browser to disable or delete cookies. Suppose you select to disable cookies on your laptop, computer, mobile or any other telecommunication device. In that case, it may degrade the performance, impair or restrict access to some portion of the website, application or platform.

6.4 We may allow other advertisers, organizations, businesses, companies or entities to advertise to you. These include third parties advertisement agencies, servers, technology, a research firm, vendors. We may target users to show a specific advertisement for some general profit, and we never use users' personal information to target any ad to you. We may all trust and authorize third parties to recognize and insert a specific cookie on the user's browser to optimize services and display an advertisement to its user.

6.5 Understand and agree that we don't control or exercise control over the external website (third party website) displayed as links and search results on the website, application or platform. These third-party websites may insert their file or cookies on the user's device, gather data or ask for personal information. Please note that we do not have any control and shall not be held liable and responsible for that. We do not make any encourage or representation concerning terms and conditions or privacy policies of external websites or third-party websites, and nor do we guarantee the accuracy of the data or information, quality of the information, integrity, text, content, data, software, photographs, graphics, art, sound, music, videos, text messages, messages or any other promotional or other material available on such third party website. The inclusion or exclusion of such website, website provider or information on the website does not imply any endorsement by us.

6.6 Understand and agree that we may keep a record of all communication channel, both digital chat (non-voice) and telephone calls (voice) and email that we received from users email address for research and development, administration of services, for training, development of business, business intelligence, or for user administration. We may share such collected information with external parties (third parties) when required by law or regulation or when needed to provide or facilitate specific functions and services.

6.7 You must understand, consent and agree to our publishing or reproduction of all user reviews and testimonials posted by you on the website, application or platform concerning the product or service. You must agree that we may edit your reviews or testimonials posted by you and publish or reproduce such edited or an updated version of the reviews or testimonials on the website, application or platform. If a user has any issue or concerns with the publication or reproduction of the reviews or testimonial posted by you, the user may contact us at cs@buysm.com or call "Mobile Number"

7. Opt-Out Policy

7.1 The external services (third party) provider with whom we may share data or information you provide. We are not allowing them to promote their services or send newsletters or promotion emails, or make any promotional communication with you. We facilitate you to opt-out of receiving such promotional, newsletter, not important, marketing-related emails, offers, deals, discounts from itself or its partners.

7.2 If you want to remove your email address from our newsletters and mailing list, you can unsubscribe our mailing list any time. Just click on the "unsubscribe" link and follow the instruction. You can contact cs@buysm.com or "Mobile Number". We may limit membership, and We have reserved the right to restrict it based on the availability of contact info. All users will be informed by email from our platform before taking any action.

8. Retention of Information

8.1 We will store and retain your data or information for the particular period necessary to fulfill the purposes outlined in the given privacy policy unless a more extended retention period is permitted or required under the applicable law.

9. Modification

9.1 We reserve the right to update this privacy policy at any time without giving any prior notice. We request you to please read, review and understand this privacy policy whenever you visit a website, application or platform to understand how we manage and use your personal information.

10. Governing Law

10.1 This Usage Agreement and the Privacy shall be governed by and interpreted under the applicable laws of India. Any dispute arising from or in connection with the privacy policy or any dispute arising to the website / application / platform, whether in an action of contract, tort or otherwise, submission to the jurisdiction of the court located at Mumbai, Maharastra, India for the resolution of all such conflict or disputes.

11. Severability

11.1 17. SEVERABILITY

Suppose any term, covenant, provision or restriction of these Privacy policies is held by a court of any competent jurisdiction to be impossible to enforce under applicable law in such case. In that case, a provision will be executed from this Agreement. The remainder of this Agreement will be interpreted as if such term or provision were excluded and it will be enforceable by its terms; In such case, this Agreement shall be interpreted to give a great effect to the fullest extent permitted by applicable law. To the meaning, for the purpose and intention of the such excluded provision as determined by state or federal district court.

12. CUSTOMER CONSENT

12.1 When you voluntarily send us electronic mail, we will keep a record of this information so that we can respond to you. We only collect information from you when you register on our site or fill out a form. Also, when filling out a form on our site, you may be asked to enter your: name, e-mail address or phone number. You may, however, visit our site anonymously. In case you have submitted your personal information and contact details, we reserve the rights to Call, SMS, Email or WhatsApp about our products and offers, even if your number has DND activated on it.

Last updated on: 01 June 2022

This Electronic document (Terms and conditions) is an electronic record in terms of the Indian information technology act, 2000. This is an agreement between "BuySM", an organization incorporated under the Indian law, registered in Mumbai, Operate and manage the online business at buysm.com and also manage and operate mobile application that is available on Google play store / Apple app store under the legal brand name BuySM (Both collectively called "Platform") and a user or any legal person who visit and/or order or use our online Website / Application in any manner ("your" or "you") or uses any recent, past or future service or any functionality or our website / application or any Discounts, offers or deals available on website / application, as regularly updated.

By using our website / application, you must agree to our legal terms and conditions. If you do not agree with our terms and conditions, or have any issue with company terms and conditions, please do not use the website / application. If you have any queries, questions, or doubts about the terms and conditions, please get in touch with cs@buysm.com. Please take into consideration that your use of our online or offline services, or other related platforms or use of any products which is listed below, any promotional offer or any product or services that are associated with our affiliates, terms and conditions may differ from our website / application terms and conditions or privacy policies or our guidelines ("Additional Terms and conditions”). Suppose third-party terms and conditions differ one from our additional Terms and conditions. In that case, These Additional Terms and conditions will control to the extent important to resolve such inconsistency concerning any of our online or offline services or our products' use. These terms and conditions control and govern your use of the website/application/platform and any transaction you have done on our platform or dealings with our service and products thereon.

For the purpose(s) of these Terms and conditions: (a) "Platform" means https://buysm.com/ which include our online application / website / shopping wallet / desktop / laptop / tablet / mobile or any other electronic mode or/and operating system or software provided or managed by us, on which you can access our online services and incorporate online application managed, update and control by us or our team which interact / communicate with one or more application on mobile / shopping wallet / tablet / website and any electric modes as manage, operated and provided by us; (b) "product and services", Product and services shall mean prescription drugs, Over-the-counter (OTC) medicines, Fast-moving consumer goods (FMCG) Chat / Email Consultation With Doctors, Online Diagnostics Procedures or Test and other online services and products offered for sale (OFS) to you on the website / application / platform ; and (c) "Registered Doctor / Registered Medical Practitioner" shall mean any doctor or person who permitted or authorised by Medical Council Of India or any Regional council for the registration of Registered Doctor/Medical Practitioners verified and authorised by the state government or government of India who will be verified with authorised documents and personal identity and authenticated by us. (d) "Party" Individually we and you referred to and collectively called "Parties".

These Terms and conditions are separated in two parts. We request you to please read all the sections carefully to understand and accept the terms and conditions applicable in case of usage of the website / application / platform and for the product that purchase from our any platform thereof.

PART A - TERMS AND CONDITIONS AGREEMENT FOR THE USAGE OF THE WEBSITE / APPLICATION / PLATFORM

1. GENERAL

1.1 The Terms and Conditions Agreement for using the website / application / platform as "terms set out herein" govern your use of and access to our website / application / platform, which facilitates finding, select and purchasing the pharmaceutical medicine on the website / application / platform at the listed price whenever you need it, from the areas serviceable by us.

1.2 Please make sure that we regularly update our Terms and conditions that govern your use of our services or the platform. Whenever you wish to use our website / application or service, please check our terms and conditions to accept and understand the terms that are applicable at that time. Moreover, we have all reserved the right to remove / update / alter/change the website/application/platform content or format or stop the website / application / platform operation for technical, maintenance, or support work, to update graphics, content, or product or for any other possible reason, at any time.

1.3 Visiting, searching, reviewing, browsing, or using the website/application/platform that indicates you accept or your Agreement to these Terms. Our privacy and Policy of the website / application / platform are available at (https://buysm.com/privacy-policy/), and any other terms, guidelines, or privacy policy that is available on our website is automatically applicable on the website / application / platform that you are visiting or using the website / application / platform and please note that which may be updated regularly. (Collectively, the "Agreement").

1.4 This digital document is a digital record in terms of the Indian Information Technology Act, 2000 and rules and regulations made that may be applicable. This is a computer-generated electronic record and makes sure it does not require any digital or physical signatures.

1.5 Anyone from anywhere we authorize you to visit and access the website/application/platform to discover, search and make a purchase of the product you need. If you have any issue with the purchased product, you can process refunds or request us for a return in a way that agrees with our Refund and Returns Policy (Check Refund & Return Policy: https://buysm.com/return-refund-policy).

1.6  By accepting these Terms and Conditions, You must agree that you are at least 18 years old or above, and you are fully eligible to agree with this Agreement, and you will follow and obey the rules of this Agreement. Suppose a user visits, browses, or searches our website/application/platform, and their age is below 18 years. In that case, It is assumed that they are visiting / searching/browsing / using the website/application/platform under the supervision of their parents or guardian. In such conditions, parents or guardians must read our terms and conditions and agree to the Agreement, including terms and conditions of purchase of product or services on behalf of a person under 18 years. And a person under the age of 18 years is visiting/browsing/searching/purchasing a product from the website/application/product without permission or administration of their legal guardian or parents; we have all reserved the right to deactivate or disable such user's active account without giving any prior notice. Moreover, suppose you access our services/website/application/platform as a representative of any organization or company. In that case, you must represent yourself that you have the broad legal authority to act on behalf of the company/organization/entity and that such person or entity must agree with this Terms and Condition Agreement.

2. ACCOUNT REGISTRATION AND ACTIVATION

2.1 To buy or purchase Product or use the services on the website/application/platform or use essential features of the virtual platform (for example, add a product to cart, order products, review product, rate product, or receive our newsletters in email). You have to sign up and activate your account with the website/application/platform and provide necessary information about you in the customer information form. Include your full name, registered email address, gender, and account password, active mobile number, shipping address, and billing address. You will start using our services or access further after successfully confirming your email address. We will send a confirmation email after filling in the necessary information in the form. More information may be required at the time of signup and activation of your account. We do not charge fees for installation or to use our website/application/platform. It is 100% free of cost, and it includes certain online services of the platform. However, the website/application/platform also provides online Doctors/Medical practitioners. You can choose a Doctor or Registered Medical Practitioner as per as requirement, and you schedule an appointment. You must pay consultation fees for that. If you are looking for a phone call or online video consultation, you must pay consultation fees prior. If you are looking for clinical consultation, the patient shall pay consultation fees after consulting the Doctor or Registered Medical Practitioners.

2.2 You are solely responsible and authorized to use and operate the account created on our website/application/platform by you. Therefore, it’s your responsibility to secure the login ID and Password of your active account on the website/application/platform and restrict unauthorized access to your mobile, desktop, laptop, tablet, or other devices. You are only responsible for all activities undertaken through your registered account.

2.3 You will; (a) Any unauthorized activities, misuse of your account, or any security breach; in such cases, be sure to get in touch with us immediately; and (b) After the end of each login session, please ensure that you must log out from your active account. We, our technical team, employees, managing directors, agents, and officers will not be responsible for any data loss, account loss, or direct or indirect damage caused by you or anyone to comply with these terms. You are only responsible for any damages or losses to our website/application/company/organization or any other user due to not having permission or approval to use their account by you. We have all reserved the right to deactivate or remove or suspend or edit content or revoke access to the website, application, or platform without giving any prior notice.

2.4 You must agree that the data or information you are provided at the time of registration is accurate and truthful. Make sure that you will update and keep the data accuracy of such helpful information.

2.5 Keep your email address up to date that you use at the time of the registration process at the website, application, or platform so we can communicate electronically without any interruption.

3. COMMUNICATION AND UNSUBSCRIBE

3.1 By accepting the Agreement (Terms and Conditions), you also agree to receive SMS or text messages / Email / Call  related to the latest news, updates, promotional offers, discount codes, price drops, and campaign-related SMS to your registered mobile number. By using our services or accessing the website, application, or platform or by verifying your registered mobile number via OTP with us, you must agree to receive such digital communication (via SMS, Text Message, Phone Call, Email, or any other possible electronic means) from us or/and our representatives may contact your regarding latest offers our new launch services, even if your contact number or mobile number is registered under the DND/NCRP list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

3.2 Anytime you can opt-out, stop, or unsubscribe from receiving promotional and marketing communication, email newsletters, and other promotional or marketing notification from us by the following instruction.

4. DISCLAIMER OF WARRANTIES

4.1 Everyone can utilize our website, application, or platform to consult an authorized doctor/registered medical practitioner and get appointments for online consultation and purchase medicine on prescription. We have strict policies to verify the identity and authenticity of the Doctors and registered medical practitioners. You must agree and understand that we shall not be responsible for any deficiencies. It is not limited to lack of knowledge, injury caused, or misconduct from the Doctor or Registered medical practitioner. We do not have any involvement in such interactions, and we are not responsible for any such act of the Registered Medical Practitioners. Doctors and pharmacists.

4.2 Healthcare Services: All healthcare products, medicines and injectables you purchase  through the website, application or platform,  have been manufactured by  well known pharmaceutical companies across the globe. For these products, manufacturers or marketers of respective products will be solely responsible for any type of product related issues. We the buysm.com do not suggest or advise self medication or self administration of any of medicines and injectables purchased from our website, application or platform. Neither the website, application, or platform nor third parties who promote their products or interact with you with a link to their product shall be liable for any product you receive from.

4.3 Informed Consent: As we provide the online health care medicines or selling of medicines, The medicines you receive from our website, application or platform is not intended to replace your existing medicines or treatments. You should continue  your regular checkups, or follow-up for your medical condition and medicines  with your health care provider or doctor or pharmacist to avoid any kind of medication error. Continue your consultation with your family doctor or primary care physician / super specialist or visit other healthcare professionals you are comfortable with. You can contact our customer care support executive anytime for any type of Healthcare products or medicines or injectables related issues. For any assistance  You can directly contact us to take  follow-up to know the status of  your ordered  medicines. We the buysm.com is committed to provide super speciality medicines accessible  to each and every patient in need at reasonable rates. As you understand, medicines  have its own benefits and potential risks associated with it but might be not limited to:

4.3.1 In some cases, the patient's prescription  information and data are not sufficient to supply medicines, for example, the quality of the uploaded prescription  images or insufficient prescriber information or prescription by unauthorized prescriber or wrongly written or misspelled medicines. It may be difficult for our pharmacists to identify and supply medicines.

4.3.2 There may be a delay in delivery of products due to failures of electronic devices and failure of network connectivity. If such a problem arises, you may contact us by our 24*7 support phone number or other communication channels.

4.3.3 We are committed to ensure uninterrupted supply of medicines & Pharmaceutical Products. Medicines & Pharmaceutical Products that you purchased from our website, application or platform, It may result in an allergic reaction to your body, any adverse drug side effect, or any other cause.

4.3.4 We are using strong security standards to protect our network and a high standard software security system to protect the user data to ensure high standard privacy and security of your provided health records. In a rare case, our system's security could fail, which may cause a security breach of the privacy of your health records or information.

4.4 By using our website/application/platform, you must agree and accept these Terms and Conditions; you acknowledge that you accept, understand, read and agree with the following:

4.4.1 You understand and may expect the key benefits from us of online selling of medicines in your care, but we do not guarantee or take responsibility for the result.

4.4.2 If your treating provider, physician or specialist may find that our products are inappropriate for some cases or all of your health care treatment needs. We do not supply any product to you in such cases through the website, application, and platform.

4.4.3 We do not guarantee any result, the effectiveness of the medicines or products, or success after using products that you ordered from our website, application or platform. We only supply products to you as per the order we received from you. In case of any issue or dispute and thus, between you and the actual manufacturer of the product. Any claim, for example, money, service, warranty, offer, or any other claims arising from such an issue, is the subject of the actual manufacturer of the product and you. We are not responsible or party to such issue or dispute or involved in any lawsuit negligence, claim damage, or any other arising from the use of the products.

4.4.5 We have strict policies to authenticate and verify all products listed on our website, application or platform before we make it available to users. But before purchasing any product on our website, application or platform, you should check use, side effects, benefits, safety and from medicines you are ordering. We are not liable or responsible for the same.

4.4.6 We are not liable or responsible for the contents of any material, blog or medical information available on the platform. The medical information, knowledge base, or advice on website / application / platform is available for all visitors; use the website / application / platform at your own risk. We are not liable or responsible for any injury or damage to property or person caused by use of the product available on the platform, information posted, Ideas, usage, instruction, or any advice available in the material provided to you. We have all legal reserve the right to cancel, discontinue, suspend or change at any time any features products and services of the website / application / platform without giving any prior notice;

4.5 We will try to provide trustworthy information of medicines and ensure that all the information of medicines which is available on website / application / platform or any recommendations suggested about our services, any products or offerings (from now on "Information of medicines") available on the website / application / platform is trustworthy and correct at time of updated on the website / application / platform. We can not guarantee information of medicines accuracy. We shall not be held responsible or liable for any cause by information of medicines updated on the website / application / platform.

4.6 You must agree that information of medicines is updated or provided to you on the condition that you make sure that provided information of medicines is suitable for your purpose before use or in connection with decision making. No website / application / platform information forces anyone to invest in our company or any affiliate. Any use of a website / application / platform or any information on medicines provided to you at your own risk. Neither our affiliate partner nor their employees, owners, officers, or agents shall be reliable or liable for any harm, damage, loss or expense, reliance upon, or use of this website / application / platform. Any information or any external or third-party external website linked to this website / application / platform. We are not liable or responsible for any information of medicines, content, or advice available on third-party external websites. We do not involve, manage, update, or represent the content and accuracy of the information of medicines on such a third-party website. Access such third-party websites entirely at your own expense and risk.

4.7 We are using a visual representation on the website / application / platform to help users identify the medicines exactly, including graphical representation, high-quality photographs, illustrations, Product Video, Images, Screenshots, Detail charts, Infographics, and other possible visual representations. Hard work and effort are required to provide a perfect visual representation, and we try our best to provide an exact visual presentation of the medicines. Still, we do not warrant or guarantee the exactness of such graphical representation and description of the actual medicines with the medicines that the end-users receive. The appearance of the medicines may be different when delivered to the user because of various reasons.

4.8 We respect every patent owner. Here we are not involved or construct or practice as a recommendation to use any services, process, product, information, formulation or equipment, which conflict with any patent rights. And otherwise or we make no warranty or representation, implied or indicate that the use thereof will not violate or infringe any registered patent, or otherwise.

4.9 We do not contract or provide any warranties and representations.

4.9.1 We maintain or in respect of the quality of medicines / services / information of medicine, accuracy, suitability, security and safety, merchantability, affordability, fitness, reliability for a particular consumption / purpose and the information or content including, information of medicines, pricing information, and detail specification of the product on the website / application / platform.

4.9.2 We ensure that we provide the best online pharmacy for the purpose of online selling of medicine will be made available 24*7 from all the locations.

4.9.3 We ensure that the operation and functionality of the website / application / platform, including the functionality contained within any information, material, and content on the website / application / platform or any third-party service or website linked to the website / application / platform, will be run without any interruption. Or that any bug will be fixed immediately, or the servers that help such information, material, content, and product available for all users are secure and protected with antivirus to make it free of virus, malicious attack, or other harmful components.

4.10 THIS WEBSITE / APPLICATION / PLATFORM, SERVICES, AND FUNCTIONALITIES ARE PROVIDED TO THE USER ("YOU") ON AN "AS IS" & "WHERE IS" BASIS, WITH NO WARRANTIES AND REPRESENTATIONS. WE (WEBSITE, APPLICATION, PLATFORM) AND ANY EXTERNAL SERVICES (THIRD-PARTY) PROVIDING SERVICES, CONTENT, AND MATERIAL TO THIS WEBSITE / APPLICATION / PLATFORM, MAKE NO WARRANTIES OR REPRESENTATION, EITHER IMPLIED, EXPRESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR OTHERWISE OF MERCHANTABILITY OR STATUTORY, CONCERNING WEBSITE / APPLICATION / PLATFORM, THE CONTENT OR INFORMATION OR SERVICES OR ANY PRODUCTS TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE OR CAUSE, INCLUDING BUT NOT LIMITED TO INDIRECT, DIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, CAUSED FROM OR CONNECTED WITH THE WEBSITE / APPLICATION / PLATFORM, INCLUDING BUT NOT LIMITED TO, YOUR INABILITY TO USE WEBSITE / APPLICATION / PLATFORM OR YOUR USE OF THIS ONLINE PLATFORM, EVEN THOUGH WE HAVE ALREADY ADVISED YOU IN PAST ABOUT RISK AND POSSIBILITY OF SUCH LOSS, DAMAGE OR CAUSE.

4.11 To the maximum extent permitted by public policies, We, our employees, agents, officers, directors, and IT professionals, disclaim any liability and are not responsible for any damage, loss, cause, liabilities, claim, expenses, or injury caused by or due to any failure of services, performance, defective product, omission, error, interruption, data loss, delay in service, virus attack, malicious attack, communication, destruction of platform or services, theft, use of record without permission or alteration of information on the website / application / platform.

5. AVAILABILITY, USABILITY AND ACCESSIBILITY OF THE WEBSITE / APPLICATION / PLATFORM

5.1 We operate, control and manage this website / application / platform from India and make no warranty and representation that the information, material, product, services and the content that is listed or available on the website / application / platform are available or will be appropriate for use in other countries or locations outside India. If you are accessing this website / application / platform from any country or location except India, you are completely liable and responsible for all Indian constitution laws. Neither, These Terms constitute, nor these terms used in or for connection with any marketing or promotional practices or solicitation in any jurisdiction by anyone in which such marketing or solicitation or promotional activities are not allowed (authorized) or to anyone to whom it seems to be unlawful to solicit or promote.

5.2 The information, content or material that we publish on the website / application / platform may include cross-references or references to our services, programs and products that are not available or not announced in your country, location or region. In such references, we do not hint that we intend to announce a product, service or program in your country, location or region. For any questions or information about the programs, services and products that may be available for you, don't hesitate to get in touch with our local business.

5.3 We regularly monitor and track the user's account to prevent unauthorized activities, transactions and accounts. Only one account per user is allowed. We do not allow users holding multiple accounts or getting the benefits of referral vouchers fraudulently. We have all reserved the right to take legal action against such users under the law, recover the cost of goods, and collect lawyer charges from users using the website / application / platform fraudulently. We reserve the right to initiate legal action against such fraud persons for fraudulent use of the website / application / platform and any other illegal act or omissions to violate these Terms and Conditions. We reserve the right to decline all transactions before initiating legal actions. Suppose we find any fraudulent events or activities on our website / application / platform. We reserve the right to immediately delete, suspend or hold such fraudulent accounts and stop / hold / delete / update all pending and past orders without giving any prior notice or liability. In such a case, we shall owe no liability for any returns or refunds.

6. THIRD-PARTY SERVICES AND EXTERNAL LINKS TO THIRD PARTY WEBSITES

6.1 These terms are applicable to use on a website / application / platform. You may purchase services or/and purchase products or goods or participate in promotional offers of advertisers, sponsors, or members of the website / application / platform. Or visit any external website (third-party website) linked to the website / application / platform. Any such involvement, advertisement, correspondence, promotion or purchase, including making payment for products or goods or services and delivery of the products and goods or services. And any other condition, term, refund, representation and warranty and guarantee associated with such purchase or promotion, correspondence, is between the third party and you. You are only responsible or agree that we have no obligation, any responsibilities or liability for such correspondence, products, goods or service purchase or promotion. Anything you purchase, use or access any external website or a third-party website, and any such contract is only between you and a third party.

6.2 The content on the website / application / platform, including all posts, text, visual interface, user interface, images, photographs, graphics, logos, videos, music, sounds, artwork, documents, banners, and newsletters, are our content (from now on referred to as "content"). The website / application / platform may include third-party website content that is not our work or associated with us. We do not have any access or control over any external website content generated by users as we only play an intermediary role merely for that third-party website content.

6.3 When we expressly allowed (content), any of our website / application / content and it being republished, uploaded, reproduced, encoded, posted, translated, displayed publicly, distributed or transmitted in any way to any other hosting server, site, computer, mobile, laptop or other electronic media for distribution, commercial enterprise or publication, expressly prohibited without prior written permission.

7. PRESCRIPTION MEDICATION POLICY

7.1 The website / application / platform is authorized, trustworthy and fully licensed & regulated pharmacy to run business confidently. We take all precautions to dispense prescription medications & we strictly follow regulations and laws set forth. By placing a prescription medicines order on our website / application / platform, you understand, accept, read and acknowledge the following terms and conditions regarding ordering any medicine that must require a prescription to dispatch.

7.2 You acknowledge, understand and agree that the Company is a mere intermediary or facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder.

7.3 We the buysm.com strogly bound to follow all rules and regulations mentioned in An act to regulate, distribution and sale of Drugs and Cosmetics. The Drugs and Cosmetics Rules, 1940 are the rules which the government of India established through the Drugs and Cosmetics Act, 1940.

7.4 You must require a valid prescription copy from a licensed or authorized physician to dispatch any prescription medication from our website / application / platform.

7.5 If you want to purchase prescription medication, you confirm that you will upload or send a valid copy of the prescription(s) via WhatsApp, email, or post or upload a prescription(s) on the website / application / platform.  And our Qualified Pharmacists check your prescription for approval.

7.6 If our authorized pharmacists have any queries, concerns or questions about the uploaded / sent prescription(s). In such cases, you authorize them to consult or contact doctors about the authenticity and validity of the given prescription.

7.7 The drugs or medical information or data provided in the website / application / platform is uploaded for information purposes only. This website / application / platform is not intended to provide treatment, any medical advice, or diagnosis of disease. We are not responsible or liable for any side effects or adverse effects or any damage or harm to you or users due to using data or information in the platform.

7.8 The user or the caregiver (Read clause 7.7) must read and completely agree or be aware of the side effects of the drugs, indications, any effects of the overdose or a missed dose of the drugs or medicine they purchase or order from us. Before consuming or purchasing any drugs or medicine from the website / application / platform, we request you to please take professional advice from your physician.

7.9 A person who purchases medicine or places an order with the help of your prescription on behalf of you.

7.10 Valid Prescription: Valid Prescription (Medicine Prescription) means a medical prescription legally required for prescription medication or prescription medicine to be dispensed, It is issued for a legitimate medical purpose in the usual course of professional practice by physician or Doctor or Registered Medical Practitioner or health care professional.

7.11 Who can prescribe? No person other than a Doctor or Registered Medical Practitioner or health care professional shall mean any doctor or person who permitted or authorised by Medical Council Of India (MCI) or any Regional council for the registration of Doctor or Medical Practitioners verified and authorised by the state government or government of India.

7.12 We have authorized, trained and registered pharmacists shall prepare, compound, mix or "dispense" any prescription medicine on the prescription of a medical practitioner.

8. COPYRIGHTS IN CONTENT

8.1 The website / application / platform content information, material, and content, including text, graphics, images, sound, videos, infographics, artwork, and presentation, is protected by copyright and other intellectual property rights. All the intellectual property rights or copyright have been licensed to us or owned by us. We retain copyright on all content information, material, content, including text, graphics, images, sound, videos, infographics, artwork, presentation. All the trademarks available on the website / application / platform are licensed to us or owned by us.

8.2 We allow our content to use only your personal computer, laptop, or mobile for personal use. We grant a limited, personal, non-exclusive, non-transferable or revocable licence to you by us. We do not allow any of our content for commercial use. You will sign up and login to our website / application / platform for viewing products, placing an order, using our services, getting benefits of online consultation and processing refunds and returns according to our refund and return policies and for copy, reading, save and printing a copy of the content or information on the website / application / platform for your use. We allow you to store files on your mobile, computer, laptop, tablet or other electronic devices for your personal use only and not for commercial or business purposes.

8.3 You may not (a) copy. We do not allow downloading, storing a copy on a local disk, printing content on paper, posting content on other websites, or other ways. Or Distribution of content like downloading content, performing, displaying, distributing, modifying, altering, altering, reproducing, broadcasting, tamper, enhancing, tamper or scrapping within any content available or uploaded on the website / application / platform. This strict restriction is applicable concerning (a) All website / application / platform live platform content (b) Distribute or copy the data on any other servers, or alter, re-use, update or modify graphics or text on this or any other system. (c) Reproduce, develop or design any part of the website / application / platform or distribute or sell the same work for business purpose or commercial gain nor shall be incorporated or alter or edit or modify in any other work, site or publication, whether in printed hard copy or digital format; including posting text, graphics or content to another website. (d) Remove original, or any copyright, logo, other intellectual property notices or trademark contained in the authorized or original content / material from any content / material printed off or copied from website / application / platform. Or (e) Linking any work, content or material to the website / application / platform, expressly prohibited without prior written permission.

8.4 The copyright license allowed or granted to you or a user or organization does not include a license. (a)  Resale or redistribute the products or services or for any business or commercial use of the website / application / platform or content. (b) any collection and product (listings, prices, description). (c) Any use of Services, content or website / application / platform other than as contemplated in these terms. (d) any is downloading without permission or copying user login details, (e) any use of scrapping,  robots, data mining, extraction or data gathering tools or software to extract or scrape or copy any parts of the website / application  platform. And (f) publishing or creating your database (features parts) of the.

9. TRADEMARKS

All the trade names or trademarks associated with us and all logos and products indicated with TM are our registered trademarks or trademarks, or they belong to our affiliate partners. We do not allow our trademarks on any other services or products that do not belong to us.

10. LICENSE AND USE OF YOUR CONTENT

10.1 You must grant perpetual, royalty-free, irrevocable, Non-Exclusive Licence and right to use, adapt, reproduce, update, publish, transmit, disseminate, copy, paste, distribute, alter, change, create editorial revisions, elaborations, annotations, or other modifications, to display worldwide, or any work, post, images, material posted by you on website / application / platform without any consideration or any other approval in any form, technology used behind them or media now known or hereinafter developed, for the full legal terms or any legal rights that might be available or applicable or exist in such content,

and you may waive the right to claim on all comments, feedback, suggestions or ideas or any other content or material provided through or on the website / application / platform. You must agree and read to perform all further acts and be required to perfect any given rights that are allowed or granted to us, including execution or implementation of documents and deeds, at its request.

10.2 You understand, agree and read that we do not regularly monitor your posting or content on the website / application / platform, but we have all legal right to do so. However, Suppose we find any inappropriate use of our services or website / application / platform. In that case, We will strictly take action against it in such a way that we deem necessary in its sole discretion. So you agree and understand that we will have all legal rights to take action and report such activity to law enforcement authorities. That may be considered as against our terms and conditions and illegal, as well as the information or reports it receives of such unlawful conduct. When we receive any request, we will cooperate and help the authority of law enforcement to investigate any illegal activity on the website / application / platform.

10.3 Publishing, Updating, Submissions and any unauthorised use of any material or content on the website / application / platform considered as violation of our legal and copyright laws, the laws of privacy and policies, legal trademark laws, certain communications and other important and applicable regulations and laws. You are only responsible for your action or any user who uses your password and user name to do so. As such, you shall hold and indemnify us and our directors, officers, affiliate partners, employees, business partners, agents and licensors harmless against and from any costs, price, loss, liabilities, expenses, damages (include: Attorney's fees) incurred with, to avoid, any damage or claim from an external platform (third-party) that your use of the website / application / platform or use website / application / platform by any person using your password and user name detail, violating any law or regulation or any third party rights.

10.4 We have all reserved the right to suspend, delete, update and terminate accounts and access to this website / application / platform at any time without giving any prior notice. Moreover, Licence (Limited Rights) automatically terminates without any notice to you, If you breach or violate any of the website / application / platform terms and conditions. Once we terminate your access or account, you must delete or destroy any printed and downloaded content and materials. Any provision of the website / application / platform terms and conditions, which create a right or which imposes an impose restrictions / constraints / obligations that, by its nature, it will be valid after expiration and termination of the website / application / platform terms and conditions shall survive any expiration or termination of the website / application / platform legal terms and conditions.

11. USERS WARRANTY AND REPRESENTATION

11.1 You warrant and represent that: (a) Your use of the website / application / platform or any services will not cause any violation of any applicable Drugs and Cosmetics Act, 1940 Law or regulation; (b) All the information or data that is submitted / filled / updated to our website / application / platform and/or services in 100% true, lawful and accurate; (c) Use of the material and content you publish or supply does not breach any legal agreement and will not harm / damage / cause injury to anyone. Suppose we find any information or data supplied by you is inaccurate or false. In that case, we will have the legal right to cancel all placed orders, reject / suspend registration, and block you from using our services and other affiliate partners services in the future without giving any prior notice to you. You agree and understand to indemnify our affiliate partners and us for all claims bought by external services or platforms (third-party) against it or in connection with the breach of Agreement of any of these warranties or its affiliates arising out.

11.2 You will browse, visit, use, and access the website / application / platform for the legal person only and must understand and agree that you will not perform any harmful activity or action to the website / application / platform or content any part of it. You own a limited license and rights to visit / use / access / browse the website / application / platform or use the services, subject to these terms.

11.3 You will not perform any of the following;

11.3.1 Change, modify or delete any content or material available on the website / application / platform, for example, detailed information about the product and services, pricing, sales or their performance;

11.3.2 Don't use any software, malware, engine, virus, agent, tool or other mechanisms (such as robots, worms, virus, malware, bombs, spider, crawler, and scraper) to search or navigate website / application / platform.

11.3.3 Malicious or false statement or post against our website / application / platform, services or us;

11.3.4 Copy, Send, Post, upload, scan, transmit, distribute, store or make available any tool or file or software that is infected by a virus, malware or any other harmful tool or component, or otherwise damage, down or disrupt the website / application / platform or/and service or any communication channel or any network (connected), or otherwise interaction with any entity or person's enjoyment or use of the services or website / application / platform.

11.3.5 Inject any harmful viruses, Trojans or other software (malicious), auto bots or robots or scrappers to scrape the website / application / platform for any data, content or information available on the website.

11.3.6 Scan, probe, insert, test the vulnerability or defect of the server, security, system or any other technical measures designed and implemented by us or practice or attempts to tamper with our internal technical architecture, structure and design.

11.3.7 Introduces any tool or malicious software to hack a website, application or platform.

11.3.8 Get unauthorized access, damage, destroy, update, disrupt, interfere, change, or disrupt the system or server connected to the functionality and service are saved, or any other system, server, database, files or computer connected to the services.

11.3.9 Involve or engage in any form of disruptive, antisocial, or any other act, including "spamming, "flooding", "phishing", "hijacking" "griefing" "trolling" as terms for listed acts is commonly known and understood, and used worldwide on the internet.

11.4 You are / He / She is prohibited from displaying, uploading, posting, hosting, updating, altering, modifying, sharing, copying, printing, transmitting any information through website / application / platform, any information which Include;

11.4.1 The information or content uploaded by users who hold legal rights, which you do not have legal rights;

11.4.2 Information is blasphemous, harassing, harmful, obscene, defamatory, paedophilic, invasive of other person's privacy, pornographic, hateful or information or data which encouraging gambling, cheating or money laundering or any information harmful in any other manner whatsoever;

11.4.3 Information which harms minors (below 18 age) in any way;

11.4.4 Illegally use of any trademark, patent, proprietary right or other copyrights;

11.4.5 Violating any law or regulation for the time being in force;

11.4.6 Using any VPN or other tools to misleads or deceives the sender's actual address of such message or phone call or any other transmit any information or data that is grossly offensive or has menacing character.

11.4.7 Whoever impersonates or attempts to impersonate another person;

11.4.8 Information containing any harmful software virus or any harmful computer code, program or files developed to destroy, interrupt, damage or limit the actual performance, features and functionality of any computer resource.

12. INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree and shall hold and indemnify us and our directors, officers, affiliate partners, employees, business partners, consultants, agents and licensors and representatives from and against any external platform (third-party) claim costs, price, loss, liabilities, expenses, damages (include: Attorney's fees) arising from any visit, use or access to website / application / platform or the services, cause any break in terms and conditions or infringement of third-party intellectual property rights or our or any other legal rights, We will notify you promptly of such loss, liability, loss, demand, or damage, and you agree to provide reasonable support and assistance, at your cost, in defending or settling such loss, damage, cause, cost, or liability.

13. GOVERNING LAWS AND JURISDICTION

These legal terms and conditions shall be governed by and this Agreement interpreted under the applicable laws of India, without giving effect to any choice of law or conflict of law provision or rule of any jurisdiction. You read and agree, Any dispute arising from or in connection with the terms and condition or any dispute arising to the website / application / platform whether in an action of contract, tort or otherwise, submission to the jurisdiction of the court located at Mumbai, Maharashtra, India for the resolution of all such conflict or disputes.

14 UNDERSTANDING FORCE MAJEURE

Understand and Agree, We will not be held responsible or liable for any failure or delay comply in the performance of its obligations if the failure or delay arises from other cause that is beyond our reasonable control.

16. WAIVER

No condition or No provision in this Agreement will be deemed waived and no breach excused unless such consent or waiver is made in writing and signed by us. Any breach waiver or Any consent by us to, whether ("expressed") or ("implied"), that does not constitute consent to or excuse, waiver of for any subsequent breach of this Agreement.

17. SEVERABILITY

Suppose any term, covenant, provision or restriction of these Terms and conditions are held by a court of any competent jurisdiction to be impossible to enforce under applicable law in such case. In that case, a provision will be executed from this Agreement. The remainder of this Agreement will be interpreted as if such term or provision were excluded and it will be enforceable by its terms; In such case, this Agreement shall be interpreted to give a great effect to the fullest extent permitted by applicable law. To the meaning, for the purpose and intention of such excluded provision as determined by state or federal district court.

18. AMENDMENT

This Agreement and term and condition are subject to modification, amendments and maybe regularly updated from time to time, without giving any prior notice to you. So request you and all, please read and review our terms and conditions as it is available on the website / application / platform. You must read and agree that your relationship with the website / application / platform will be governed by the latest updated version of the terms and conditions, as it is updated on website / application / platform.

19. MISCELLANEOUS

19.1 You will also ensure that you must Agree, Read and Understand or comply with the other external platforms (third-party) terms and conditions, for example, terms and conditions of a bank promotion offer, any brand promotional offers, if any links are available in their services. You must agree and understand that we will not be liable or responsible for any transaction or communication between third parties and you.

19.2 These terms and conditions are final and supersede all older, whether written or oral agreement communicated to you by us, to use our services or platform, and any liabilities or any other legal rights concerning any services provided by our website / application / platform shall be limited to the scope of this term.

Last updated on: 01 June 2022

"BuySM", an organization incorporated under the Indian law, registered in Mumbai, Operate and manage the online business at www.buysm.com ("BuySM", "BuySM.com", "us", "we", our"), and also manage and operate mobile application that is available on Google play store / Apple app store under the legal brand name BuySM (Both collectively called "Platform") which allows all vendors to promote and sell their items or products or services and facilitates buyers to purchase online items or product or services which our verified vendors offer to our users of the website / application / platform ("users", "user", "member", or "you").

1.2 This is an electronic record of our shipping and delivery policy, together with terms (updated at https://buysm.com/terms-and-conditions) set of rules or procedures or guidelines for shipping and delivery of products or items purchased on the website, application or platform.

1.3 Our services are available all over India. We provide delivery and shipping of our items or products all over India. Our prime focus is to provide the best user experience for you by partnering with the integrated logistics service provider to carefully manage your medication order to provide the best experience in delivering the products or items you purchased from the website, application, or platform. We make all possible efforts to ensure that you receive your purchased items or products in a timely fashion.

1.4 You must agree, understand and use of website, application or platform or buying or purchasing a product or items on the website, application or platform. You must understand and agree to our delivery and shipping policy without modification. We request you please understand and read our delivery and shipping policy every time you visit our website, application or platform. Stop using our website, application or platform if you do not agree to the delivery and shipping policy.

2. TERMS OF SHIPPING AND DELIVERY

2.1 To facilitate the delivery and shipping services, we partner with the leading logistic service provider (third party). We shall provide all the detailed information about our logistic partners to you, which will be responsible for the delivery and shipping process of any items or product(s) purchased or ordered by you on the website, application or platform at the time such item or product is packed, processed and carefully handed over to our logistic partner by us. Generally, it takes less than 24 hours to dispatch the ordered product (Standard dispatch Timeline) from the time you have placed the item or order on the website, application or platform. In any case, the will be provided with an estimated time of delivery of the item or product you purchased from the website, application or platform. This estimated delivery time is displayed on the order confirmation page once we verify and successfully confirm your order by us. We also send all your order details to your registered email address or mobile number. You must agree and understand that we process shipping and delivery to the user with the help of our leading logistic partners. We have all reserved the right to process shipping and delivery of the product on our own without using any third-party service provider or logistic partners.

2.2 The delivery charges of the website, application or platform are given below:

- Up to Rs. 1999.99 (Order value): Delivery Charge Rs. 200
- Over Rs. 2000 (Order value): FREE Shipping

Note: Delivery charges mentioned above are applicable on all products orders exclusively available on the website, application or platform.

2.3 You must understand and agree that we endeavour to deliver and ship our items or products all over India. We have the right and power to decide a list of unserviceable areas to deliver items or products. We, our third-party delivery partners, do not process shipping or deliver the products in such areas (unserviceable), and we may not confirm or process your products orders on the website, application or platform in such cases. In such a condition, we notify a user about the areas that are unserviceable by us when placing a purchase order of the items or products on the website, application or platform. You may also check and verify that the delivery address of the area is unserviceable for shipping or deliveries by us by entering the delivery address pin code on the website, application or platform.

2.4 You must agree, acknowledge and understand that to provide seamless and timely delivery of the package, we may ask or collect required information line your original name, billing address, shipping address, contact detail, landmark or mobile number etc. You must agree and shall ensure that the data provided by you to us on the website, application or platform is accurate, complete, sufficient and true to identify the exact place to deliver your items or products or packages. You agree, understand and acknowledge that you are only responsible or liable in case of any failure in delivering the ordered product, item or package due to your failure to provide complete, correct, accurate or sufficient data or information at the time of placing the order on website, application or platform. We clarified that we are not responsible or liable in any case or manner and at any time due to your mistake or failure to provide accurate, correct and sufficient information.

2.5 You must agree, understand and acknowledge that we will attempt to deliver the purchased item, product or package to your delivery address within the estimated time of delivery notified to you. Suppose you are not available to receive your item, product or package. In that case, our third-party logistic partners will try to deliver your product a maximum of 3 times in 3 days to deliver your ordered item, product or package to your delivery address. Suppose our logistic partners fail to deliver your item. In that case, the product or package and you remain unavailable to accept the product, and we have all reserved right to cancel your placed order. We automatically process the return of such product to us. And we have all reserved right to charge shipping and delivery cost and deduct it while we are processing a refund in such cancellation due to unsuccessful delivery of the item or product.

2.6 We ensure that ordered items or products are shipped and delivered to you on time and within the expected delivery date. You must agree, accept, acknowledge and understand that the delivery of items, products or packages may be delayed on account of:

(a) Any logistical issue that is not under our control;
(b) Bad weather condition;
(c) Any strikes, employee lockouts, political disruptions, restriction of government etc.;
(d) Acts of God, for example, earthquakes, floods etc.;
(e) Any other unforeseeable circumstances.

In such conditions of delay, we shall make a possible attempt to notify you by sending an email or contacting us through your registered number with us. We disclaim all responsibilities or liabilities that may arise on account of our failure to notify you of delays in delivering your ordered items, products or packages on website, application or platform. Further, the Company shall be no obligation to compensate you for any dispute or claim that may arise on account of any delay in the delivery of the ordered or purchased items, packages or products.

2.7 We endeavour to engage employees, agents, logistic partners with the greatest regard for integrity and ethics; and behave in a way that exudes competence, professionalism and very good mannerism. You must agree, acknowledge, and understand that individual delivery is not in our control, and you understand that it is about to impossible to observe and monitor individual delivery executive activities. Since we confidently provide delivery of an item, product or package purchased by you on the website, application or platform, we shall not be responsible or liable for any activities, act or omission on the part of our employees, delivery agents, third party logistic partners or their employees or personnel, agents, wrong product delivery, or personnel including deficiency in service, delay to deliver your product, product/item package tempering etc. For the avoidance of doubt in contracts, it is stated that any impoliteness, ill-mannerism, offensiveness or discourtesy by our employees or delivery executives, personnel of the third-party logistic partner or agents is not under our control. Any dispute arising between our delivery executive and you or an employee or personnel of the third-party logistic partner, an agent will have to resolve by yourself. You must agree, acknowledge and understand that we are not responsible for such cause or require us to mediate, resolve or settle any disputes between you and delivery personnel delivering the items, products or packages to you.

2.8 Once you purchase an order from our website, application or platform, we process such placed order and hand over the package of purchased product to our third-party logistic partner. You will receive a unique tracking number on your registered email address or registered mobile number once your package is handed over to our third-party logistic partner, which will allow you to track your package and the delivery status of your package. You can check your package's status and expected delivery time on our third-party logistic partner's website, application, or platform. Our customer care representative continuously coordinates with our logistic partners to ensure that your packages are delivered to you as soon as possible and that our logistic partners update tracking information of your packages on a real-time basis. Please understand that we are using a third-party service to provide shipping and delivery facilities to you. We are not responsible and do not take any guarantee that the tracking status of your packages is correct or accurate; the status of your packages may be subject to inconsistencies out of delay in updating the real-time information and / or other any technical or software difficulties which we can't monitor and are not in our control.

2.9 You must agree and acknowledge that we have all reserved the right to collect and charge shipping costs on items, products from time to time. Shipping cost depends on product value, product type, delivery location, payment method, etc. You must agree and acknowledge that we are authorized to charge or collect delivery or shipping fees on behalf of our logistic partner. We charge or collect shipping or delivery costs for the products you purchased from our website, application, or platform. Ensure that we will not refund such shipping or delivery costs to any return request for the products raised by you. However, we may refund delivery or shipping costs if your purchased product is damaged, the defective, incorrect product has been delivered to you.

2.10 Return of ordered items, products or packages are facilitated via our reserve logistics partners. Once the return request of your product is approved on our website, application or platform, our reserve logistic partner shall get in touch with you to collect the ordered product from your address. Please make sure that we process exchanges and returns of ordered products in accordance with our return and refund policy.

Contact Detail:

Email Address: support@buysm.com
Contact Number: +91 90717 57175

Last updated on: 24 August 2022

Buysm.com is one of the most trusted and reliable online pharmacy. We always prefer the Newest technology and follow all the Standard Operating procedures and Quality assurance to ensure that you receive high-quality products. Being a Customer centric, Our prime focus is customer satisfaction, and you are entitled to get a Full refund in following circumstances.

Total Refund Possible If:

-Received a damaged or defective item/wrong product;
-If a product is damaged or lost in transit;
-Received an item/product that has passed it's expiration date;
-A product is missing from your order.

Please Note: The mode of refund varies depending on the mode of payment. If you are using a Debit card / Credit Card or net banking, it will take 7 to 10 working days to refund your ordered amount to your account. While we apologize for any inconvenience caused by the given time frame, it depends on the bank's policy. Sometimes there is a delay in crediting the account, and we do not have any control over the bank's return policy. Suppose the mode of refund is COD (Cash On Delivery Payment). In that case, you need to provide voided check image or statement of the bank to verify and ensure that your banking details, e.g., account numbers, are accurate. Once you are eligible for COD payment, refunds may take 3 weeks. To expedite the process of refunds, all refunds may be credited to the customer's wallet, which is a secure and very fast process.

How to Request a Refund:

To raise a refund request for damaged or defective products, send the refund email request to damaged@buysm.com. Please note that you mention your Order ID in the subject line, And do not forget to add the image of your damaged product(s). To raise a refund request for a missing product(s), Email us at missing@buysm.com, mention your Order ID in the subject line and reason for requesting a refund and mention which product was missing from your order. In such a missing refund request, we will review the packing video of your order to ensure all your listed items were placed in the package or not.

Return Policy:

We also understand that in some circumstances, you want to return a product(s) that are non-defective. In such circumstances, we may refund the return of unused, unopened products after calculating the 20% restocking fee and deduct it from the refund you issue for the product ONLY if you request a return within 30 working days of order receipt. We also understand that your health care professional or doctor may change a prescription from time to time, and in such cases, we may not charge a 20% restocking charge after verification and we will refund a 100% product amount to your account.

Return Policy Exceptions

Please ensure that we do not offer any replacements or exchanges for the product of the following categories: Health Monitor And Equipment and Injections. Also, You must understand and agree that buysm.com reserves the right to refuse refunds or returns for the products which fall under such categories and products marked as "non-returnable" on the product detail page cannot be returned.

Last updated on: 01 June 2022