Terms and Conditions

1. Terms of Use

By continuing to access and use this website or mobile application, you confirm that you accept our Terms of Use set out in this document. These Terms of Use constitute a legally binding agreement between you and CutisKart (Cutis Pharma).

2. About Us and General Terms

The internet-based portal and "CutisKart" mobile application (together, the "Platform") are operated by Cutis Pharma, a unit of Cutis, with its registered office at 5/1, 4th Main, MRCR Layout, Vijaynagar, Bengaluru, Karnataka 560040, a partnership firm registered in India.

The Platform facilitates the online sale and purchase of conventional and alternative pharmaceutical products, excluding products listed under Schedule X of the Drugs and Cosmetics Act, 1940 (the "Products"). This includes:

• The online sale and purchase of Products procured from licensed distributors and manufacturers
• The processing and acceptance of orders for Products placed by you through the Platform
• The facilitation of delivery of Products ordered by you through independent third-party delivery partners

CutisKart represents that it has obtained applicable licences and registrations under the Drugs and Cosmetics Act, 1940 and the Food Safety and Standards Act, 2006, for carrying out the Services offered through the Platform.

By accessing or using the Platform, you confirm that you have the legal capacity to enter into a legally binding contract under Indian law, including the Indian Contract Act, 1872.

3. Professional Standards

Our Services are rendered from our Licensed Premises. Dispensing of medicines is carried out under the personal supervision of our registered pharmacists. All pharmacists are bound by codes of professional ethics and conduct.

4. Privacy

Your privacy and that of any other person whose information you provide to us is important to us. Please see our Privacy Policy for details of what information we collect and how we use and protect it.

5. Registration

By registering and using the Services, you confirm that you are eighteen years or above, you are not debarred by any law from contracting, and you agree to have read and accepted these Terms of Use. Visitors to this website or mobile application are required to register in order to use its facilities and services.

We are not under any obligation to accept a request for registration and reserve the right to suspend or terminate access at any time if your continued use is believed to prejudice us or other users. By registering, you confirm that the information you provide during the registration process is accurate and complete.

6. Username and Password

During the registration process, you may be allocated or invited to choose a username and password, or receive an OTP via SMS. You are responsible for keeping your credentials confidential and ensuring they are not used by any other person.

As part of registration, we may collect:

• Name of the patient
• Delivery address (including country and ZIP/postal code)
• Gender and age
• Phone number
• Relationship to the person ordering (if applicable)
• Mode of payment

7. Prescriptions for Persons Other Than Yourself

Where you place an order for a product for which a valid prescription is legally mandated, and the prescription relates to a person other than yourself, you must have the necessary authority and consent of the person named in the prescription. By submitting another person's prescription, you represent and confirm that you have obtained the necessary authority and consent from that person.

8. Age Restrictions

We accept orders from users who are eighteen (18) years of age or older, subject to these Terms of Use and applicable laws. For products intended for persons below the age of eighteen (18) years, the order must be placed by a parent, legal guardian, or other duly authorised person.

9. Residence

We accept orders from and dispatch orders to addresses in selected locations in India.

10. Binding Agreement

No order placed by you shall be binding on us until we have confirmed the order to you by phone, email or in writing. We reserve the right to accept or reject any order at our sole discretion, subject to applicable law.

All orders are subject to the availability of products, successful verification of information provided by you, and the availability of delivery services through our third-party delivery partners to the relevant pin code.

Where a valid prescription is legally mandated for a product, the order shall be processed only upon receipt and verification of such prescription in accordance with applicable laws.

11. Non-Receipt of Prescription

In the event we do not receive a valid prescription from you within twenty-four (24) hours of placing an order for a product for which a prescription is legally mandated, we may cancel such order and initiate a refund in accordance with our Refund Policy. This provision shall not apply to products for which a prescription is not legally mandated under applicable laws.

12. Verification of Prescription

Where a valid prescription is legally mandated, you shall upload a clear, legible, valid and genuine prescription issued by a duly registered medical practitioner authorised to practise medicine in India.

Our registered pharmacist may verify the prescription against the information provided by you. Where any discrepancy is identified, we may contact you using the information provided. If we are unable to contact you or are otherwise unable to lawfully dispense the product, we may cancel the order and initiate a refund.

CutisKart is not the manufacturer of the products sold through the Platform. Accordingly, CutisKart shall not be responsible for any loss, damage, injury or liability arising solely from a manufacturing defect attributable to the manufacturer, to the extent permitted under applicable law.

13. No Substitution or Online Consultation

• CutisKart does not provide online medical consultation, teleconsultation or medical diagnosis through the Platform.
• CutisKart does not prescribe, recommend or independently authorise any substitute medicine in place of a medicine prescribed by a medical practitioner.
• CutisKart shall not be responsible for any medical advice, diagnosis, prescription or treatment decision made by an independent medical practitioner or any third party not engaged by CutisKart.

14. Disclaimer

• The Platform is intended to facilitate the online browsing, ordering and purchase of Products. CutisKart does not provide medical consultation, diagnosis or treatment.
• Product information on the Platform is for general informational purposes only and shall not be construed as medical advice. You should consult a qualified medical practitioner for any medical advice.
• Where a prescription is legally mandated, you are solely responsible for obtaining such prescription from a registered medical practitioner.
• CutisKart is not the manufacturer of the Products. Product-related information may be based on information provided by manufacturers or distributors.
• CutisKart shall not be responsible for any loss, injury or adverse reaction arising from misuse, incorrect use, or self-medication.
• Delivery of Products may be facilitated through independent third-party delivery partners. CutisKart shall not be responsible for delays or damage caused solely by such partners, except as required under applicable law.

15. Subscription

Under the subscription model, users can subscribe for medicine requirements by choosing a subscription plan that best suits their needs. All orders under the subscription plan shall be automatically placed in accordance with the chosen plan and shall be subject to all applicable terms and conditions and statutory requirements for processing an order.

16. Clubbing of Offers

Any ongoing offer or promotional scheme cannot be clubbed with orders placed under a subscription plan. All subscription orders shall be processed based on the standard discount and promotional scheme available at the time of processing. CutisKart shall have the sole discretion to decide which offers or schemes apply to subscription plan orders.

18. Discount on Selected Products

Discounts provided on the website or mobile application apply to selected products only. Discounts may be changed on a product-by-product basis at the sole discretion of CutisKart. CutisKart will not be held liable for any issues or inconvenience caused to users resulting from such changes.

19. Non-Availability / Suitability of Products

If any product ordered by you is unavailable, out of stock, cannot be lawfully supplied, or cannot be dispensed in accordance with applicable laws or prescription requirements, we may contact you to inform you and reserve the right to cancel or modify the relevant order. Refunds shall be processed in accordance with our Refund Policy.

20. Sale of Products

The sale of products ordered by the user shall be completed upon the dispensing or fulfilment of the relevant products and the generation of the applicable invoice at the Licensed Premises, irrespective of the user's delivery location.

Where a valid prescription is legally mandated, the product shall be dispensed only upon receipt and verification of the requisite prescription. Products shall be delivered to the address provided by the user at the time of placing the order.

21. Delivery of Products

Users may avail the services of an independent third-party delivery partner for the collection and delivery of products ordered through the Platform.

The third-party delivery partners are independent contractors and are not employees, agents or representatives of CutisKart. CutisKart shall not be responsible for any act or omission of a third-party delivery partner, except as required under applicable law.

The user shall ensure that the delivery address, contact details and other information provided for delivery are accurate and complete.

22. No Warranties

CutisKart makes no warranty that:

• The application will meet your requirements
• The application will be available on an uninterrupted, timely, secure or error-free basis
• Any results obtained from use of the application or services will be accurate or reliable

We disclaim all liabilities arising from manufacturing defects. Any claims regarding a defect in manufacturing shall be made directly on the manufacturer whose information is provided on the product.

23. Acceptance of Orders

All orders placed through the Platform are subject to acceptance and confirmation by CutisKart. Mere receipt of an order shall not constitute acceptance or guarantee that the products will be available or delivered within any specific time.

CutisKart reserves the right to accept, reject, cancel or modify any order, in whole or in part, where permitted under applicable law. Where a valid prescription is legally mandated, CutisKart shall not accept or fulfil an order unless the requisite prescription has been duly received and verified.

24. Payment of Price

On delivery of the relevant products, CutisKart shall be entitled to full payment. The prices mentioned on the Website or Mobile App are approximate estimates. The actual price will depend upon the batch number and will be mentioned in the invoice dispatched with your order.

We currently support the following payment methods:

25. Notification of Errors

You should check the items dispensed to you carefully upon receipt. If you believe there may have been a dispensing error, you should contact us immediately and should not take or use any of the items.

26. Delivery of Products

Products shall be delivered to the address provided by you at the time of placing the order. You are responsible for ensuring that the delivery address and contact details are accurate and complete. You should promptly notify us of any visible damage, tampering, shortage or delivery-related issue in accordance with our Refund, Return and Cancellation Policies.

27. Cancellation, Return and Refund

28. Acceptance of Goods

We request you to verify the complete details and documents provided to you at delivery before acceptance of the goods. Any complaints with regard to shortage of goods, defects or otherwise will not be entertained by CutisKart once the same are accepted at the time of delivery.

29. Warning

30. Display of Information

Information and content displayed on the Platform relating to products, including text, images, product descriptions and other materials, are provided for general informational purposes only. Such information does not constitute medical advice, diagnosis, treatment or any recommendation by CutisKart.

You should carefully read the product packaging, labels and accompanying information before using any product and, where appropriate, consult a duly qualified medical practitioner.

31. Offers, Promotions, Software and Downloads

We and third parties with whom we have a business relationship may occasionally promote their goods or services on the Platform. All promotions are for a limited period and subject to special terms and conditions, which are in addition to and not in substitution of the Terms of Use stated herein.

We do not endorse the products or services offered by third parties and give no assurance that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard.

32. Surveys, Contests and Referrals

Participation in surveys, contests or referral programmes is voluntary. CutisKart may offer a referral programme under which a user may receive CutisKart Rewards for referring new customers to the Platform. The referred person must be a new customer and must place a valid order that is successfully delivered and not cancelled or returned.

CutisKart reserves the right, subject to applicable law, to modify, suspend or terminate any survey, contest or referral programme at any time.

33. Communication with the User

Please refer to our Privacy Policy to understand the circumstances in which we shall communicate with you.

34. User Obligations

You agree to:

• Use the Platform, Services and all materials made available only for lawful purposes and in accordance with these Terms of Use
• Not access or attempt to access the Platform through any means other than the interfaces provided by CutisKart
• Not use any automated device, software, crawler, robot, spider or similar technology to access, acquire or copy any portion of the Platform without prior written permission
• Not attempt to circumvent, disable or interfere with any security, authentication or access-control features of the Platform
• Not use the Platform to engage in any unlawful, fraudulent, abusive or unauthorised activity

Breach of these obligations may result in suspension or restriction of your access to the Platform, cancellation of affected orders, and such other action as may be permitted under applicable law.

35. Ownership of Materials and Licence Terms

The Platform, including its design, text, graphics, images, logos, trademarks, software, databases and other materials (the "Materials"), are protected by copyright, trademark and other applicable intellectual property laws. The Materials are owned by or licensed to CutisKart, its group companies, licensors or other third parties.

You are granted a limited, non-exclusive, non-transferable and revocable licence to access and use the Platform and view the Materials for personal, non-commercial use only.

Without the prior written consent of CutisKart, you shall not copy, reproduce, distribute, commercially exploit, decompile, reverse engineer or otherwise misuse the Platform or its Materials.

36. Suitability of Materials

We do not give any assurance that the materials provided or available to you on or through the Platform are suitable for your requirements or that they will be secure, error-free or virus-free. We will have no liability in respect of those materials.

37. Mobile Application Availability

This mobile application is provided free of charge. We make no guarantee that it will be uninterrupted or error-free. We reserve the right to modify, suspend or withdraw the whole or any part of the website or mobile application or any of its content at any time without notice.

38. Third-Party Links

We may, from time to time, provide links from this Platform to other websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over and will have no liability in respect of those websites. Please refer to our Privacy Policy for further information.

39. Monitoring

We may monitor activity and content on the Platform and may take any action we consider appropriate if we suspect you may be in breach of these Terms of Use, including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.

40. Security and Other Information Technology Aspects

Please refer to our Privacy Policy to understand our security policy regarding the data we collect, as well as your obligations with respect to the information you provide.

41. Accuracy of Information

We take reasonable care to ensure that the information made available on the Platform is accurate and up to date. However, information on the Platform may change from time to time and we do not warrant that all information will always be complete, current or error-free.

Product information is provided for general informational purposes only and does not constitute medical advice. You should consult a duly qualified medical practitioner for advice regarding the suitability or use of any product.

42. Disclaimer

43. Liability

To the maximum extent permitted by applicable law, CutisKart shall not be liable for any indirect, incidental, special or consequential loss or damage, including loss of profits, revenue, business, anticipated savings, data, goodwill or business opportunities.

Subject to applicable law, the maximum aggregate liability of CutisKart arising out of or in connection with any order shall not exceed the amount actually paid by you for the product(s) giving rise to the relevant claim.

Nothing in these Terms of Use shall exclude or limit any liability that cannot lawfully be excluded or limited under applicable law.

44. Third-Party Rights

These Terms of Use are entered into between you and CutisKart. Except as expressly provided or required under applicable law, no person who is not a party to these Terms of Use shall have any right to enforce or claim any benefit under these Terms of Use.

45. Compliance with Applicable Laws

CutisKart shall maintain and process information relating to users, products, orders and services to the extent required for the operation of the Platform and in compliance with applicable laws and regulatory requirements. Any collection, use, storage or disclosure of personal information shall be carried out in accordance with our Privacy Policy and applicable data protection laws.

46. Force Majeure

CutisKart shall not be liable for any failure or delay in performing its obligations where such failure or delay is caused by circumstances beyond its reasonable control, including changes in law, fire, flood, epidemic, pandemic, natural disaster, act of God, war, riot, strike, governmental action or any other event beyond its reasonable control.

47. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Subject to applicable law, the courts located in Mumbai, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms of Use or your use of the Platform or Services.

48. Acceptance of Terms of Use

By clicking "I Accept" or otherwise accessing or using the Platform or Services, you acknowledge that you have read, understood and agreed to these Terms of Use and our Privacy Policy and agree to be bound by them.

If you do not agree to these Terms of Use or our Privacy Policy, you must not access or use the Platform or Services.

49. Waiver and Amendments

No delay or failure by CutisKart to exercise or enforce any right or remedy under these Terms of Use shall constitute a waiver of that right or remedy.

CutisKart reserves the right to modify, update or amend these Terms of Use and any applicable policy from time to time. Any revised version shall be made available on the Platform and shall become effective from the date specified therein. You are advised to review these Terms of Use periodically. Your continued use of the Platform after the effective date of any amendment shall constitute your acceptance of the revised terms.

50. Indemnification

You agree to indemnify and hold harmless CutisKart, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from and against any third-party claims, losses, liabilities, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with:

• Your breach of these Terms of Use
• Your unlawful, fraudulent or unauthorised use of the Platform or Services
• Your violation of any applicable law or regulation
• Your infringement or violation of the intellectual property, privacy or other rights of CutisKart or any third party

51. Severability

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable by a competent authority, such provision shall be modified or severed without affecting the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

52. Customer Support and Grievance Redressal

Customer Support

Grievance Officer

Fraud and Security

53. Customer Care and E-Commerce Information