TERMS AND CONDITIONS

new.icurewellness.com (‘Website’) is an online service owned, operated and managed by ICURE WELLNESS AND NUTRITION PRIVATE LIMITED (‘Icure Wellness’ or ‘we’ or ‘us’ or ‘icure’). In using/accessing the Website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access the Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the platform, please email us at contact@icurewellness.com. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

Ownership of rights:

Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Icure Wellness. All information displayed, transmitted or carried on the Platform is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Platform may be owned by the third parties. This site is designed, updated and maintained by Icure Wellness or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Platform.

Accuracy of content and invitation to offer:

We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Platform, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of GST. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Platform. All products/services and information displayed on the Platform constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of Icure Wellness prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.

General Terms of Use:

Being eligible to use and by using the Platform or through any other mode of communication/ by making any purchase during the aforesaid tenure, User hereby agrees to be bound by this Terms of Use;

User is hereby authorised to use the Platform for lawful purpose and for the purposes as mentioned under the policies of the Icure Wellness only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;

Icure Wellness strives to provide best prices possible on products and services to users buying or availing from the Platform. However, Icure Wellness does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the Icure Wellness;

Icure Wellness has a network of vendors and reserves the right to pass on the orders to any of the vendors for fulfilment.

The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;

All offers on Products shall be for limited stocks and are for limited period(s). Icure Wellness may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the Platform accordingly;

A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Icure Wellness;

All products sold on the Platform are genuine. All sellers listing their products on the Platform are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers on new.icurewellness.com. However this guarantee is not applicable for manufacturing defects.

In case of Cash back offers extended by banks during the aforesaid period, user will, in addition to this Terms of Use Policy, be governed by the Terms and Conditions of the said bank/card issuer;

Icure Wellness may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. Icure Wellness’s decision of cancellation of order shall be final and Icure Wellness shall not be liable for such cancellation(s) whatsoever;

Expected delivery time as mentioned on Platform may vary than the usual time of delivery;

Icure Wellness strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Icure Wellness may, at its discretion, either contact User for instructions or cancel the User’s order and will notify the User about such cancellation;

Icure Wellness shall have right to modify the price of a product or service any time, without any prior information;

Cancellation by Icure Wellness: There may be certain orders that Icure Wellness is unable to accept and must cancel. Icure Wellness reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accepts and undertakes that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User’s order includes, without limitation, non-availability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Icure Wellness’s credit and fraud avoidance department;

Icure Wellness may also require additional verifications or information before accepting any order. Icure Wellness will contact the User if all or any portion of User’s order is cancelled or if additional information is required to accept the User’s order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User’s credit card account;

Icure Wellness reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Icure Wellness as per certain criteria. Icure Wellness Reward Point or Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz:

Products ordered are not for self-consumption but for commercial resale;

Multiple orders placed for same product at the same address;

Bulk quantity of the same product ordered;

Invalid address given in order details;

Any malpractice used to place the order.

Icure Wellness Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;

Limitation of Liability: Under no circumstances Icure Wellness’s liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;

MEDICAL DISCLAIMER:

The Products, Services and information offered/ provided/ available through the consultation on the Platform, blogs or any other material are not intended to treat, cure or prevent any disease, nor shall it replace the individual advice available from your own doctor.

Based on the information provided by you through the questionnaire on our Platform, we will recommend a tailor-made combination of Products, as well as dietary and lifestyle advice. In case you have a recurring or previously diagnosed health condition that concerns you, or are taking prescription medication, you agree to seek medical advice from your general physician before taking/ consuming our Products and/or making dietary and lifestyle changes.

In the event you experience an adverse reaction on consumption of our Products, you shall stop taking our Products and seek medical advice immediately.

The contents of this Platform are not intended to substitute for professional medical advice, diagnosis or treatment. Although we take efforts to keep the medical information on our Platform updated, we cannot guarantee that the information on our Platform reflects the most up-to-date research.

Please consult your physician for personalized medical advice. Always seek the advice of a physician or other qualified healthcare provider with any questions regarding a medical condition. Never disregard or delay seeking professional medical advice or treatment because of something you have read on the Platform.

Usage Restriction:

You shall not use the Platform for any of the following purposes:

Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Gaining unauthorised access to other computer / network systems.

Interfering with any other person’s use or enjoyment of the Platform.

Breaching any applicable laws.

Interfering or disrupting networks or platforms connected to the Platform.

Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Platform that belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee 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 code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Platform; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

You are also prohibited from: * violating or attempting to violate the integrity or security of the Platform or its content;transmitting any information (including job posts, messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of services by us; intentionally submitting on the Platform any incomplete, false or inaccurate information; making any unsolicited communications to other users of the Platform; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform; attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform; copying or duplicating in any manner any of the content on the Platform or other information available from the Platform; framing or hotlinking or deeplinking any content on the Platform.

Quantity Restrictions

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.

Pricing Information:

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice. Our promotional offers/discounts are not site wide and are limited to selected products.

Indemnity

We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Platform. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Mumbai. All disputes will be subject to arbitration in Mumbai in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.

You agree to defend, indemnify and hold harmless Icure Wellness, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to iCure Wellness or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Eligibility to use

Use of the Platform is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. We reserve the right to terminate your membership and refuse to provide you with access to the Platform at our sole discretion. The Platform is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Platform are appropriate for use, or available outside India. Those who choose to access this Platform from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receive an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Platform from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

RETURN REFUND AND CANCELLATION POLICY

CANCELLATION POLICY

Cancellation before shipment

If the order or the item(s) that you want to cancel have not been shipped yet, you can write to our customer support team on contact@icurewellness.com

In such cases, the order will be cancelled and the money will be refunded to you within 7-14 business days after the cancellation request.

Cancellation post shipment

If you wish to cancel an order that has been shipped but has not yet been delivered, please get in touch with our Customer Support team on contact@icurewellness.com

In case you have cancelled an order, which has already been handed over to the courier company on our end, they may still attempt delivery. Kindly do not accept the delivery of the order.

Once we receive the product(s) back and verify its packaging/condition, we will refund your money within 7-14 business days.

How will I get refunded for the cancelled orders and how long will this process take?

In case of cancellation before shipment, we process the refund within 7-14 business days after receiving the cancellation request.

In case of cancellation once the shipment has already been dispatched or if it is being returned, we process the refund once the products have been received and verified at our warehouse.

For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 7-14 business days of us receiving the products back. It may take 2-3 additional business days for the amount to reflect in your account.

For cash on delivery transactions, we will initiate a bank transfer against the refund amount against the billing details shared by you. This process will be completed within 7-14 business days of us receiving the products back and your bank details on email. It will take an additional 2-3 business days for the amount to reflect in your account.

What if I used discount vouchers or loyalty points during time of payment and I have to cancel my order?

Discount vouchers are intended for one-time use only and shall be treated as used even if you cancel the order.

If you had redeemed loyalty points for an order, the same will be credited back to your account in the case of a cancellation.

RETURNS, REPLACEMENTS AND REFUNDS

How do I return an item purchased on new.icurewellness.com?

Icure Wellness offers its customers an ’Easy return policy’, in the case of defective product or packaging wherein you can raise a return/exchange request of a product within 5 (five_ days of its delivery. We also accept partial returns wherein you can raise a return request for one or all products in your order. Opened or used inner bottles will not be accepted as returns. For issues like rashes, stomach upset, headache, flavor like/dislike, flavor difference from one brand to other etc. products would not be applicable for return.

Step 1: Contact our Customer Support team via email contact@icurewellness.com within 5 (five) business days of receiving the order.

Step 2: Provide us with your order ID details and your request to return/replace/refund your order. Kindly email an image of the product and the invoice for our reference.

Step 3: We will pick up the products within 2-4 business days. We will initiate the refund or replacement process only if the products are received by us in their original packaging with their seals, labels and barcodes intact.

Note: If it is a case of replacement, it is subject to the availability of stock. In cases when a replacement may not be available, we will refund you the full amount. Kindly refer to the next question for exclusions to refunds.

Which are the items that cannot be returned/exchanged?

Returns will not be accepted under the following conditions:

Product is damaged due to misuse/overuse

Returned without original packaging including, price tags, labels, original packing, freebies and other accessories or if original packaging is damaged

Serial Number is tampered

Free product provided by brand

For issues like rashes, stomach upset, headache, flavor like/dislike, flavor difference from one brand to other etc. products would not be applicable for return.

The products must be received by Icure Wellness within 5 (five) days from the day of delivery, no returns will be accepted after this time period.

The tags on the product should be intact and to be returned in original packing.

You must provide your Purchase Order number as received when your order was placed through the Site.

Only unused / unopened products in original packing are eligible for returns.

Please note: For certain marketing campaigns or mega sale periods, special return/exchange/refund rules may apply. Information regarding this is visible on the promotion banner. For any clarification, please feel free to contact our customer care.

I have received a damaged or defective item/wrong product in my order, how should I proceed?

Our shipments go through rigorous quality check processes before they leave our warehouse. However in the rare case that your product is damaged during shipment or transit, you can request for a replacement or cancellation and refund.

If you have received an item in a damaged/defective condition or have been sent a wrong product, you can follow a few simple steps to initiate your return/refund within 5 (five) days of receiving the order:

Step 1: Contact our Customer Support team via email contact@icurewellness.com within 5 (five) business days of receiving the order.

Step 2: Provide us with your order ID details and your request to return/replace/refund the defective/wrong items in your order. Kindly share an image of the product and the invoice for our reference.

Step 3: We will pick up the products within 2-4 business days. We will initiate the refund or replacement process only if the products are received by us in their original packaging with their seals, labels and barcodes intact.

Note: If it is a case of replacement, it is subject to the availability of stock. In case that a replacement may not be available, we will refund you the full amount.

Do I have to return the free gift when I return a product?

Yes. The free gift is included as a part of the item order and needs to be returned along with the originally delivered product.

Can I return part of my order?

Yes. A return can be created at item level and if you have ordered multiple items, you can initiate a return/replacement/refund for any individual item. However, any product being returned needs to be returned in full including all components as well as any complimentary gifts or products which came along with it.

How will I get refunded for the returned orders and how long will this process take?

In case of a return/replacement/refund, we process the refund once the products have been received and verified at our warehouse.

For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 7-14 business days of us receiving the products back. It may take 2-3 additional business days for the amount to reflect in your account.

For cash on delivery transactions, we will initiate a bank transfer against the refund amount against the billing details shared by you. This process will be completed within 7-14 business days of us receiving the products back and your bank details on email. It will take an additional 2-3 business days for the amount to reflect in your account.

In addition, we also provide the hassle-free option of refund through Icure Wellness coupons, which can be used during future purchases.

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

Ownership

This Platform is owned by ICURE WELLNESS AND NUTRITION PRIVATE LIMITED. All right to, title to, and interest in the Content available via the Web Site, the Website look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of Icure Wellness or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

License to Use Content

Icure Wellness grants you a non-exclusive, non-transferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Platform only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Platform in any other manner or for any other purpose without the prior written permission of Icure Wellness. All rights not expressly granted are expressly reserved to Icure Wellness.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of new.icurewellness.com so long as the link does not portray new.icurewellness.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the Icure Wellness logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to new.icurewellness.com in any way that suggests Icure Wellness has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your Platform.

Trademark Notices

All trademarks, service marks, logos and designs used on this Platform, whether registered or unregistered, are owned by Icure Wellness or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Icure Wellness or its affiliates without our prior written consent.

Disclaimer of Warranties With Respect to Platform

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ICURE WELLNESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Icure Wellness DOES NOT MAKE ANY WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Icure Wellness MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM.