Please read these terms of use carefully by accessing or using this internet platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all these terms, do not use this internet platform.

1. What is  bestbuyindia:

1.  The domain name www.bestbuyindia.io is an internet based portal and bestbuyindia is a smart phone application, is operated by Healthlive Private Limited.a company duly incorporated under the provisions of the Companies Act, 2013 having registered office at Healthliv pvt. ltd, Level 4, Lakshmi Srinivasa Hospital, Sundaraiah Bhavan road, with GSTIN 07AAFCD7691C1ZL and PAN AAFCD7691C. The domain name and the mobile application are collectively referred to as the “Website”.
2.  Your access or use of the Website, 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 Healthliv on the other Part.
3.  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.
4.  The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies (“Third Party Pharmacies”) and by the Company; (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 (“Information Services”) to the Users accessing the Website (The services of the Third Party Services Providers, sale of pharmaceutical products by the Company and the Information Services are collectively referred to as the “Services”).
5.  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,  best buy india shall send to You (promotional content including but not limited to emailers, notifications and messages).
6.  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.  best buy india 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.
7.  best buy india reserves the right to change or modify these Terms of Use or any policy or guideline of the Website 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, provided however that, we will inform You of such changes at least once a year. 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.

These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:

1. 1. the Indian Contract Act, 1872 (“Contract Act”);
   2. 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”);
   3.  the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
   4.  the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
   5.  The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
   6.  Pharmacy Act, 1948 (“Pharmacy Act”) and
   7.  the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.
   8.  best buy india 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  best buy india including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (collectively, “Content”). The apps Content is the property of Healthliv Pvt. Ltd. and is protected under copyright, trademark and other applicable law(s). You shall not modify the HealthLiv Pvt. Ltd. Content or reproduce, display, publicly perform, distribute, or otherwise use the Healthlive Pvt. Ltd. Content in any way for any public or commercial purpose or for personal gains.
   9.  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.
   10.  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.

II.USE OF SERVICES AND THE WEBSITE

1. E-Commerce Platform for Pharmaceutical Products –
   1.  Platform to facilitate transaction of business:
      1. the Website 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  bestbuyindia and the Website 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.  best buy india 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 shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that  best buy india shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
      2.  You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services which 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, which are offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.
      3.  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 are as provided by the Third Party Pharmacies.  best buy india 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.
   2.  Non-Performance of Contract

You accept and acknowledge the following:

1. 1. 1.  best buy india 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;
      2.  best buy india cannot and does not guarantee that the concerned Third Party Pharmacies will perform any transaction concluded on the Website;
      3.  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 fulfilment of orders received. Consequently,  best buy india 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
      4.   best buy india shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Pharmacies. In particular,  best buy india does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.  best buy india shall, on a request in writing made by You after the purchase of any Pharmaceutical Goods and Services on the Website, provide You with information regarding the Third Party Pharmacies from which You have made such purchase, including the principal geographic address of its headquarters and all branches, name and details of its website, its email address and any other information necessary for communication with the Third Party Pharmacy for dispute resolution.
   2.  Exhibition of drugs and publication of Third Party Pharmacies content on the Website
      1.  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.
      2.  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.
      3.  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  best buy india 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  best buy india 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  best buy india responsible or liable for any damages arising out of such reliance on third party user generated content by You.
   3.  Prescription Drugs
      1.  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, You are required to upload a scanned copy of the valid prescription on the Website or email the same to  best buy india. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by  best buy india 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.
      2.   best buy india shall maintain a record of all the prescriptions uploaded by the Users.
   4.  Substitution of Prescribed Drugs
      1.  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.
      2.  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.
   5.  Invitation to offer for sale
      1.  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,  best buy india 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.
      2.  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.
   6.  Transfer of Property and Completion of Sale
      1.  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).
      2.  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.
      3.  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.
   7.  Delivery of Drugs
      1.  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.
      2.  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.
2.  Advertising Guidelines for the Website –
   1.  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”).
      1.  For the Users:  best buy india 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.
      2.  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.
      3.  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.  best buy india 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.  best buy india may also alter or remove any content from the Website without prior 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.
      4.  Review: All the advertisements are subject to the review and approval of  best buy india.  best buy india reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further,  best buy india also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
      5.  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:
         1.  content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
         2.  content depicting nudity, sexual behaviour, or obscene gestures;
         3. content depicting drug use;
         4.  content depicting excessive violence, including the harming of animals;
         5.  shocking, sensational, or disrespectful content;
         6.  deceptive, false or misleading content, including deceptive claims, offers, or business practices;
         7.  content that directs users to phishing links, malware, or similarly harmful codes or sites; and
         8.  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; and
         9.  content that violates any law for the time being in force.
      6.  Prohibited Advertisements: Advertisements for the following products and services are prohibited:
         1.  adult products and services (other than contraceptives; see below);
         2.  cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
         3.  products or services that bypass copyright protection, such as software or cable signal descramblers;
         4.  products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
         5.  get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
         6.  illegal or recreational drugs or drug paraphernalia;
         7.  counterfeit, fake or bootleg products, or replicas or imitations of designer products;
         8.  firearms, weapons, ammunition, or accessories;
         9.  advertisements that promote particular securities or that provide or allege to provide insider tips;
         10.  any illegal conduct, product, or enterprise;
         11.  unapproved pharmaceuticals and supplements;
         12. prescription drugs;
         13.  products that have been subject to any government or regulatory action or warning;
         14.  products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
         15.  material that directly advertises products to or is intended to attract children under the age of 13.
      7.  Prohibited Advertisements under the Drugs and Magic Act:
         1.  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 –
            1.  the procurement of miscarriage in women or prevention of conception in women; or
            2.  the maintenance or improvement of the capacity of human beings for sexual pleasure; or
            3.  the correction of menstrual disorder in women; or
            4.  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
            5.  prohibition of misleading advertisements relating to drugs;
            6.  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:
               1.  directly or indirectly gives a false impression regarding the true character of the drug; or
               2.  makes a false claim for the drug; or
               3.  is otherwise false or misleading in any material particular.
         2.  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.
      8.  Restricted Advertisements: Advertisements in the following categories are restricted and require approval on a case-by-case basis:
         1.  advertisements that promote or reference alcohol;
         2.  advertisements for online dating services;
         3.  advertisements for gambling and games of skill;
         4. advertisements for lotteries;
         5.  advertisements for financial services;
         6.  advertisements for contraceptives;
         7.  advertisements for online pharmacies or pharmaceuticals; and
         8. political advertisements.
      9.  Testimonials & Endorsements:
         1.  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;
         2.   best buy india 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
         3.  a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).
3.  Editorial Policy for the Website –
   1.  As part of the Services,  best buy india provides  best buy india 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.  best buy india Content is subject to the following rules/ information:
      1.   best buy india Content is original and is relevant to the general public;
      2.  topics for  best buy india Content are selected by Our board of qualified experts consisting of certified medical experts, pharmacist and medical professionals;
      3.  topics for  best buy india 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;
      4.  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;
      5.   best buy india maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;
      6.  the member of  best buy india has to fully disclose any potential conflict of interest with any of the Third Party Service Providers;
      7.   best buy india’s editorial staff holds the responsibility of providing objective, accurate, and balanced accounts of events and issues; and
      8.   best buy india’s doctors board constitutes of:
         1. Dr. Ramu MBBS, MD
         2. Dr. Vijaya Sri Potluri, MBBS, MD.