Please read this terms of service agreement carefully. By availing the service of M/s Kaleido Healthcare Services Pvt. Ltd. you agree to be bound by all the terms and conditions outlined in this agreement.
This Terms of Service Agreement governs your (“the Customer”) use of the services of M/s Kaleido Healthcare Services Pvt. Ltd. (“the Company”), a company registered under the Companies Act having its registered office at Building No. 67/2997, 2nd Floor, Metro Plaza Building, Market Road, Kochi – 682031. The Company reserves the right to change or revise the terms and conditions referenced below. The physical destruction or loss of this document shall not be construed as a modification or termination of the Agreement contained herein.
1. The Company offers service of organizing medications based on the medical practitioner’s prescription provided by the Customer to the Company. By subscribing to the services, the Customer agrees to the terms set forth in this Agreement. The subscription to the service shall continue till a written termination of service is requested by the Customer or issued by the Company.
2. The Customer agrees to make payments towards cost of drug/medicine, cost of packaging, delivery expenses and all ancillary and incidental costs incurred by the Company for the services provided as and when the same is due and intimated by the Company. The payment will be affected (a) by cash, PayTM or any other similar services on delivery; or (b) through online payment via credit/debit card or direct deductions from the bank account of the Customer in advance of delivery, as opted by the Customer. Any delay in payment of the amount due to the Company, shall also entitle the Company to terminate services with immediate effect and claim for any loss, damage suffered therefrom. The Customer shall not raise any claims as against the Company in such an event.
3. The Customer shall provide the Company with all relevant documents and medical records related to ailments, illnesses, diseases, conditions, and he/she shall disclose all information pertaining thereto. The Customer further undertakes to provide the Company any further information regarding his/her ailments, illnesses, diseases, conditions as well as any advice, recommendation and/or suggestion made by the medical practitioner, in writing immediately upon knowledge of the same. The Company shall not be liable for any risk, injury, illness, or damage caused due to non-disclosure of the above information by the Customer.
4. The Customer shall intimate the Company about any error or discrepancy in contents, packaging, or delivery of the Kaleido Box, in writing, immediately upon knowledge of the same so that necessary amends can be made. The Company shall not be liable for any loss or damage caused on account of withholding of such information by the Customer.
5. The Company shall ensure the delivery of the ‘Kaleido Box’ in a timely and effective manner during business hours in the manner specified by the customer. However, the Company will not be liable for delay in placement of orders or for lapses on the part of the courier/delivery agents or delay caused on account of supervening circumstances beyond the control of the Company or any acts of God.
6. The Company shall ensure that all information, data, and medical records disclosed to the Company be kept private and confidential and will not be accessible to persons not in the employment of the Company without the express consent of the Customer.
7. The Company shall ensure that all communications to the Customer are made to the contact number or email provided by the Customer. The Company shall not be liable for failure of communication on account of unavailability of the said contact modes or for non-receipt of the communications due to lapses of the service provider.
8. The Company will not be liable for any risks, dangers, illness, loss, damage, personal injury, death or property damage, however caused, arising from or out of or due to (1) error in prescription by the medical practitioner; (2) any unauthorized alteration/modification made in the prescription issued by the medical practitioner by the Customer or any third party (3) consumption of the medicine/drug prescribed by the medical practitioner; (4) consumption of any other drug/medication which is not disclosed to the Company in writing; (5) defect or error in manufacture of the drug/medicine by the pharmaceutical company; (6) packaging of the drug/medicine; (7) errors in print on the packaging provided by the Company; (8) improper or unhygienic storage and use of the drug/medicine; (9) unadvised, improper or wrong mode and method of consumption of the drug/medicine; and (10) non-consumption of the drug/medicine as guided in the medical practitioners prescription.
9. The Customer hereby release, indemnify, and save harmless the Company from any and all liability, costs (including legal costs), claims, damages, demands, actions and causes of actions at law, by statute and /or in equity arising as a result of any loss, damage, personal injury, death, or property damage suffered as a result, directly or indirectly, of use of the Kaleido Box service.
10. The Company and its employees, agents, trustees, contractors, directors and officers, each of them and their respective insurers, heirs, successors, assignees, administrators and executors shall not be responsible for any loss, damage, personal injury, death or property damage, however caused, arising from use of the Kaleido Box service including negligence on the part of the Company, breach of contract or any tort or cause of action at common law, in equity or by statute.
11. The Company can use the personal data collected to contact you via phone, SMS or email for marketing, and to deliver certain updates related to services or information you have requested.
12. All disputes arising out of and/or in connection with this agreement shall be interpreted under and governed by the law in force in India. The parties submit to the jurisdiction of the courts at Ernakulam Town for adjudication of any disputes and/or claims between the parties under this Agreement. Furthermore, the parties hereby agree that the courts of Ernakulam Town shall have exclusive jurisdiction over any disputes between the parties relative to this agreement, whether the said disputes arise in contract, tort, or other areas of the law.
By availing the services offered by Kaleido Health, I acknowledge that I have read and understood the terms and conditions of this agreement and consent to all terms and conditions set out therein.