Terms and Conditions
This document is an electronic record in terms of Information Technology(Amendment) Act, 2008 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.icancare.org (hereinafter referred to as "Website") is a private limited company named Innovative Cancer Care and Rehabilitation (hereinafter referred to as “ICanCaRe”) with the registered at Shop No.2, First Floor, Omaxe Green Valley Plaza,Sector 42, Faridabad, Haryana - 121001.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the ICanCaRe website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. ICanCaRe reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to ICanCaRe's notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
You also understand and agree that any unparliamentary or abusive words will not be used by You when communicating with other Users or Us at any point in time. Any communication which is found to be not in proper shape will lead to termination or block of Your membership without any notice.
You also understand and agree that information and images on the website will be displayed for your convenience to have a look and better understand the product or item on sale. You also understand that neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with us for their transactions. We will be controlling in any manner any transaction between the Users and us to ensure a smooth communication and exchange of information. Users are requested to communicate with us via emails or support contact as mentioned on the site.
All commercial/contractual terms are offered by and agreed to between Buyers and Us alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. ICanCaRe does have control or does determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Us.
ICanCaRe shall make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website as it will be provided from our third party sellers. ICanCaRe does not implicitly or explicitly support or endorse the sale of any products or services on the Website. ICanCaRe accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
ICanCaRe is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Disclaimer:Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
You release and indemnify ICanCaRe and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, ICanCaRe cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Membership on the Website is free for buyers. ICanCaRe does not charge any fee for browsing and buying on the Website. ICanCaRe reserves the right to change its Fee Policy from time to time. In particular, ICanCaRe may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event ICanCaRe reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to ICanCaRe.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way; is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal; interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
- infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force; deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person;
- contains software viruses or any other computer malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- shall not be false, inaccurate or misleading; shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms ICanCaRe, icancare.org, Innovative Cancer Care and Rehabilitation, or otherwise engage in any conduct or action that might tarnish the image or reputation, of ICanCaRe or sellers on platform or otherwise tarnish or dilute any ICanCaRe's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or ICanCaRe's systems or networks, or any systems or networks connected to ICanCaRe.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You understand that We have the right at all times to disclose any information as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
ICanCaRe shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is generated and posted by Us for the easy communication and understanding of the User and will be fully controlled as per the laws. ICanCaRe has no control over the content generated by the Users of the website in the form of feedback, comments, reviews, etc. for the different products and services offered by the site.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, ICanCaRe does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
ICanCaRe will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. ICanCaRe does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if We are unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Payment Facility for Buyers
All transactions shall be passed by the Secured Payment Gateway PayU available on the site. Cash on Delivery (COD) and direct Bank deposit payment facility will not be available to the users for the various products or items on the site. However it shall be duty of the buyer to use a safe and secure network to be secured of his/her transactions to avoid from phishing, spoofing, fraud, piggybacking or any other form of malicious act which might cause loss of sensitive information while using the online payment mode. Please also note the following:
- Any user who shall return the order or fail to make payment while availing the COD facility shall face the cancellation of membership from the site. Any orders in the future from that user will not be entertained and serviced by us.
- In case a buyer will avail the bank deposit facility, the order will be dispatched only after the payment will be received by us (the buyer has to deposit the bill amount to the account held in the concerned bank). The bank details of ICanCaRe can be accessed from inquiry.
- You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with us to purchase the products and /or services from us using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
- You, as a Buyer, shall electronically notify ICanCaRe via mail upon Delivery or non Delivery within 24 hours. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
- You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Shipping and Delivery Policies. In case you do not raise a refund claim within 7 days than this would make You ineligible for a refund.
- You, as a Buyer, understand that the Payment Facility may not be available in ful or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
- Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received. For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer).
- Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.& For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- Refund shall be conditional and shall be with recourse available to ICanCaRe in case of any misuse by Buyer. Refund shall be subject to Buyer complying with Policies. The Buyer has to bear the additional transactional charges, if any or otherwise as charged by us in order to deliver the product safely and in good condition. No refund shall be made for these additional charges.
- ICanCaRe reserves the right to impose limits on the number of Transactions or Transaction Price which ICanCaRe may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- ICanCaRe reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with ICanCaRe or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
ICanCaRe may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of ICanCaRe. As a result of such check if ICanCaRe is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price. ICanCaRe may delay notifying the payment confirmation eg: to Dispatch items to buyers, if ICanCaRe deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, ICanCaRe may hold Transaction Price or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity. The Buyer acknowledge that ICanCaRe will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of ICanCaRe.
Compliance with Laws:
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology (Amendment) Act, 2008 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and ICanCaRe Website.
Buyer's arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. ICanCaRe make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and ICanCaRe is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by ICanCaRe and products are sold by us. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
ICanCaRe respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to ICanCaRe at firstname.lastname@example.org with a subject line "Trademark Complaint".
ICanCaRe do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website on email@example.com
ICanCaRe prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, content pages and all other areas of the site that another User may view. Please report any violations of this policy to the correct area for review. Report offensive Display Names. Report offensive language in a listing or otherwise. If a feedback comment; or any communication made between Users and Us on the Website; or email communication between Users and Us in relation to transactions conducted on Website contain profanity, please write a mail to firstname.lastname@example.org with the appropriate subject line, we’ll immediately take the necessary action. Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning. ICanCaRe will consider the circumstances of an alleged policy violation and the user's trading records before taking action. Violations of this policy may result in a range of actions, including:
- Limits placed on account privileges;
- Loss of special status;
- Account suspension.
The Replacement Guarantee seeks to assist Buyers in case they do not receive products in good quality. The replacement shall be provided if the request is made within 7 days of the product delivery. ICanCaRe has the full right to reject the replacement request in case it will find the request as false or misleading or inappropriate. It will the responsibility of the user to provide the full details and reasons for a replacement request which would include damage to the product due to inappropriate packaging, etc. We will not be liable to replace the product in the case of damage by the courier company to whom we have outsourced the logistical support. In such cases the buyer must write us an email to email@example.com so that we can help them get a refund, if possible.ICanCaRe reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, ICanCaRe may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law. In case of a replacement, it will be the responsibility of the User to send back the product to ICanCaRe, properly packaged to avoid any further damage to the goods delivered. Failing to comply with the rule shall lead to no replacement of the product. The postal charges born by the Buyer shall be refunded at the sole discretion of ICanCaRe subject to the cost of the goods purchased.
Disputes (Resolutions) Policy
Generally, transactions are conducted smoothly on ICanCaRe. However there may be some cases where the Buyers may face issues. At ICanCaRe, we have a Dispute Resolution process in order to resolve disputes.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and Us in connection with a transaction on the Website.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
- Wrong item received
- Item Not as described
- Additional items received even if not ordered
- Damaged or Seal broken on Product
- Part/Accessory missing
- Item not Compatible
- Product Description/Specification Wrong
- Defective (Functional issues)
- Product not working and Manufacturer claims invalid Invoice
- Products with short expiry date
- Products already expired
In such an event the buyer will have to provide the invoice details and the order id and flash the mail as received by the buyer. The same will be cross verified and confirmed with our records to settle the dispute. In case the dispute is in favour of the buyer, either the amount will be refunded or the product will be replaced or the necessary action will be taken deemed fit to settle the dispute. Any of the actions will be purely based on the evidence of the buyer and the sole discretion of ICanCaRe.