DAVA DENA PRIVACY POLICY & TERMS AND CONDITION
Privacy Policy
This Privacy Policy governs the manner in which Lyfscience Medtech Private Limited collects, uses, maintains Lyfscience and discloses information collected from users (each, a "User") of the Lyfscience website or app ("Site"). This privacy policy applies to the Site and all products and services offered by Lyfscience Medtech Private Limited.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
Lyfscience Medtech Private Limited may collect and use Users personal information for the following purposes:
To improve customer service Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To improve our Site We may use feedback you provide to improve our products and services.
To process payments We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To run a promotion, contest, survey or other Site feature To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, they may do so by contacting us via our Site.
How we protect your information
Your Personal Information is maintained by Lyfscience in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. Lyfscience takes all necessary precautions to protect your personal information both online and offline, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Lyfscience’ business.
No administrator or employee at Lyfscience will have knowledge of your password. It is important for you to protect against unauthorised access to your account, password, computer and your mobile phone. Be sure to log off from the Website when finished. Lyfscience does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorised use of your account, you must immediately notify Lyfscience by sending an email to our contact email id. You shall be liable to indemnify Lyfscience due to any loss suffered by it due to such unauthorised use of your account and password.
Lyfscience makes all user information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.
Lyfscience assists doctors, technicians to maintain and organise such information. Lyfscience may, therefore, retain and submit all such records to the appropriate authorities, or to doctors who request access to such information.
Lyfscience assists patients and helps access information related to them. Lyfscience may, therefore, retain and submit all such records to the relevant patients, or to their doctors.
Notwithstanding the above, Lyfscience is not responsible for the confidentiality, security or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Lyfscience shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Lyfscience including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Changes to this privacy policy
Lyfscience Medtech Private Limited has the discretion to update this privacy policy at any time. When we do, we may post a notification on the main page of our site or send you an email. We encourage users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of the modifications.
Your acceptance of these terms
By using this site, you signify your acceptance of this privacy policy and the terms and conditions. If you do not agree to this policy, please do not use our site. Your continued use of the site following the posting of changes to this policy will be deemed as your acceptance to those changes.
Terms & Conditions
Please read these terms of use carefully by accessing or using this internet based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. if you do not agree to all of these terms, do not use this internet based platform.
What is Dava Dena ?
The domain name www.Dava Dena.com, an internet based portal and Dava Dena a mobile application, is owned and operated by Lyfscience Medtech Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Dava Dena” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website or app ”.
Your access or use of the Website or app , transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Dava Dena on the other Part.
By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies and manufactures (“Third Party Pharmacies”); (ii) diagnostic services being offered by various third party diagnostic centers (“Third Party Labs”); (iii) online medical consultancy services/ second opinion being offered by third party independent doctors (“Medical Experts”); and (iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Pharmacies, Third Party Labs, Medical Experts and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website (The services of Third Party Services Provider and the information services is collectively referred to as the “Services”).
The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, Dava Dena shall send to You (promotional content including but not limited to emailers, notifications and messages).
You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. Dava Dena is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers.
Dava Dena reserves the right to change or modify these Terms of Use or any policy or guideline of the Website or app including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website or app.
As a condition to Your use of the Website or app, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to Dava Dena that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
the Indian Contract Act, 1872 (“Contract Act”);
the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
Pharmacy Act, 1948 (“Pharmacy Act”) and
the Consumer Protection Act, 1986.
Dava Dena authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by Dava Dena including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Dava Dena Content”) (collectively, “Content”). The Dava Dena Content is the property of Dava Dena and is protected under copyright, trademark and other applicable law(s). You shall not modify the Dava Dena Content or reproduce, display, publicly perform, distribute, or otherwise use the Dava Dena Content in any way for any public or commercial purpose or for personal gain.
Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
ELIGIBILITY
For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by Dava Dena in this regard. As part of the registration process, Dava Dena may collect the following personal information from You:
Name;
User ID;
Email address;
Address (including country and ZIP/ postal code);
Gender;
Age;
Phone number;
Password chosen by the User;
Valid financial account information; and
Other details as You may volunteer.
The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to Dava Dena that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
A registered id can only be utilized by the person whose details have been provided and Dava Dena does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify Dava Dena if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Dava Dena for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Dava Dena may allow authorized third parties to place or recognize a unique cookie on the Your browser. Dava Dena does not store personally identifiable information in the cookies.
Dava Dena, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while Dava Dena investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason
USE OF SERVICES AND THE WEBSITE
E-Commerce Platform for Pharmaceutical Products –
Platform to facilitate transaction of business:
Through the Website, Dava Dena facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Pharmacies (“Pharmaceutical Goods and Services”). You understand and agree that Dava Dena and the Website or app merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party products. Dava Dena has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third Party Pharmacies through the Website or app shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that Dava Dena shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.
The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services. Dava Dena does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Pharmacies.
Representation as to legal title
Dava Dena does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with Dava Dena nor shall Dava Dena have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.
You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website or app.
Non-Performance of Contract
You accept and acknowledge the following:
Dava Dena is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Pharmacies for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website;
Dava Dena cannot and does not guarantee that the concerned Third Party Pharmacies will perform any transaction concluded on the Website or app;
The Third Party Pharmacy(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, Dava Dena is not responsible if the Third Party Pharmacy(s) does not satisfy the contract for sale of Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and
Dava Dena shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Pharmacies. In particular, Dava Dena does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.
Exhibition of drugs and publication of Third Party Pharmacies content on the Website
You agree and acknowledge that the respective Third Party Pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.
The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
You acknowledge and agree that such Third Party Pharmacies shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that 1 mg provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that Dava Dena has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third Party Pharmacies on the Website. Further, it is hereby clarified that the Third Party Pharmacies are offering the Pharmaceutical Goods and Services for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold Dava Dena responsible or liable for any damages arising out of such reliance on third party user generated content by You.
Prescription Drugs
The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website or app, You are required to upload a scanned copy of the valid prescription on the Website or email the same to Dava Dena. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by Dava Dena until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by You and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by You, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
Dava Dena shall maintain a record of all the prescriptions uploaded by the Users.
Substitution of Prescribed Drugs
You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
Invitation to offer for sale
Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Website by the Third Party Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Pharmacies (“Offer”). Post the Offer from the Third Party Pharmacies, Dava Dena shall send an email to You with the information on the Offer along with the details of the concerned Third Party Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third Party Pharmacy(s) after the validation/ verification of the prescription by such Third Party Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.
For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Third Party Pharmacy’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Third Party Pharmacy.
Transfer of Property and Completion of Sale
Upon acceptance of the Offer by the concerned Third Party Pharmacy (being the brick and mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Pharmacy, wherever required under the applicable law(s).
You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Third Party Pharmacy itself.
The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Third Party Pharmacy (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
Delivery of Drugs
You agree to appoint an individual who shall act in the capacity of Your agent and collect the medicines as requested by You from Third Party Pharmacy on Your behalf ("User Agent"). You accept and acknowledge that the User Agent shall be responsible to collect the medicines ordered by You from the Third Party Pharmacy and to carry it to the address notified by You.
You further agree and acknowledge that the User Agent acts as Your agent for collecting the medicines from the Third Party Pharmacy. The services are being undertaken by User Agent with Your consent and therefore the Company is merely facilitating for You and Users Agent to connect.
Advertising Guidelines for the Website –
As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).
For the Users: Dava Dena clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. The advertisements will be labeled as "sponsored", "from our Advertisers" or "advertisement". This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to the Advertising Policy, these Terms of Use (except the editorial policy) and the Privacy Policy.
For the Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
General Rules: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use (except the editorial policy) and the Privacy Policy. Dava Dena may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. Dava Dena may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.
Review: All the advertisements are subject to the review and approval of Dava Dena. Dava Dena reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, Dava Dena also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
Prohibited Content: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
content depicting nudity, sexual behaviour, or obscene gestures;
content depicting drug use;
content depicting excessive violence, including the harming of animals;
shocking, sensational, or disrespectful content;
deceptive, false or misleading content, including deceptive claims, offers, or business practices;
content that directs users to phishing links, malware, or similarly harmful codes or sites; and
content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information.
Prohibited Advertisements: Advertisements for the following products and services are prohibited:
adult products and services (other than contraceptives; see below);
cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
products or services that bypass copyright protection, such as software or cable signal descramblers;
products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
illegal or recreational drugs or drug paraphernalia;
counterfeit, fake or bootleg products, or replicas or imitations of designer products;
firearms, weapons, ammunition, or accessories;
advertisements that promote particular securities or that provide or allege to provide insider tips;
any illegal conduct, product, or enterprise;
unapproved pharmaceuticals and supplements;
prescription drugs;
products that have been subject to any government or regulatory action or warning;
products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
material that directly advertises products to or is intended to attract children under the age of 13.
Prohibited Advertisements under the Drugs and Magic Act:
subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –
the procurement of miscarriage in women or prevention of conception in women; or
the maintenance or improvement of the capacity of human beings for sexual pleasure; or
the correction of menstrual disorder in women; or
the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or
prohibition of misleading advertisements relating to drugs;
subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
directly or indirectly gives a false impression regarding the true character of the drug; or
makes a false claim for the drug; or
is otherwise false or misleading in any material particular.
It is hereby clarified that that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.
Restricted Advertisements: Advertisements in the following categories are restricted and require approval on a case-by-case basis:
advertisements that promote or reference alcohol;
advertisements for online dating services;
advertisements for gambling and games of skill;
advertisements for lotteries;
advertisements for financial services;
advertisements for contraceptives;
advertisements for online pharmacies or pharmaceuticals; and
political advertisements.
Testimonials & Endorsements:
any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid;
Dava Dena recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and
a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).
Editorial Policy for the Website –
As part of the Services, Dava Dena provides Dava Dena Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Dava Dena Content is subject to the following rules/ information:
Dava Dena Content is original and is relevant to the general public;
topics for Dava Dena Content are selected by Our board of qualified experts consisting of certified medical experts, pharmacist and medical professionals;
topics for Dava Dena Content are chosen on the basis of current health news, drug alerts, new drug launches, latest medical findings published in peer-reviewed medical journals, such as ‘The Journal of the American Medical Association’, ‘The New England Journal of Medicine’, ‘The Lancet’, ‘Pediatrics’, ‘Diabetes Care’, and many others;
editorial board (as mentioned below) takes into account the latest trending health and wellness topics like dengue, swine flu, seasonal allergies, new vaccines, public awareness trends like breast cancer awareness month," and ‘Healthy Heart Month’; as well as emerging health and nutrition trends like health benefits quinoa, use of BGR 34 for managing diabetes, alternative medicine like ayurveda, homeopathy and much more;
Dava Dena maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;
the member of Dava Dena has to fully disclose any potential conflict of interest with any of the Third Party Service Providers;
Dava Dena’s editorial staff holds the responsibility of providing objective, accurate, and balanced accounts of events and issues; and
Dava Dena’s editorial board constitutes of: (i) Dr Sarthak Patnaik – MBBS
Risks of using Dava Dena’s Services
As with any medical procedure, there are potential risks associated with using the Services. By using the Services, You agree to abide by these Terms of Use, Privacy Policy and risks described below. These risks include, but may not be limited to:
While the Website is an honest attempt to provide access to the best possible medical information to the Users, the Medical Experts will not be examining You physically. The Medical Experts may not have access to all or some of Your medical history that might be critical to consult You. The Medical Experts will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts may not be aware of facts or information that would affect his or her opinion of Your diagnosis. To reduce the risk of this limitation, Dava Dena strongly encourages You to be in touch with an on-ground physician and share the Dava Dena’s opinion with him/her.
By requesting a medical opinion through the Website, You acknowledge and agree that:
the advice/information/opinion on diagnosis You may receive could be limited and provisional;
the medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship;
in case of a second opinion where there is a difference of opinion among Our Medical Experts and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
in some cases, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
in rare cases, the Medical Experts may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms of Use.
OTHER TERMS
Your Profile, Collection, Use, Storage and Transfer of Personal Information:
Your Dava Dena profile is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.
Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your Dava Dena record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Dava Dena reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Dava Dena’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
Contacting us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Lyfscience Medtech Private Limited,
331/1908 , Aurobinda Nagar , PO – Chandrasekharpur ,
Bhubaneswar – 751016
Odisha
Email : hello@lyflink.com