Terms of Use
“LifePlus BD”, a mobile application, is run, operated and maintained by LifePlus Bangladesh Limited (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act.
Use of the mobile application is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by Company at its sole discretion and posted on the mobile app, including by way of imposing an additional charge for access to or use of a service(s).
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Mobile App by providing Account Information (defined below) while registering on the Mobile App as a registered User using the computer systems.
Company shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms and Conditions ("Terms"). The revised Terms shall be made available on the Mobile App. Your use of the Mobile App and the Services is subject to the most current version of the Terms made available on the Mobile App, at the time of such use. You are requested to regularly visit the Mobile App to view the most current Terms. It shall be Your responsibility to check the Terms periodically for changes. Company may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Mobile App and the Services, provided on the Mobile App. If no such separate consent is sought, your continued use of the Mobile App, following changes to the Terms, will constitute your express acceptance of those changes.
By using this Mobile App or any facility or service provided by this Mobile App in any way; or merely by browsing the Mobile App, You agree that you have read, understood and agreed to be bound by, including without limitation, by these Terms, the Mobile App's Privacy Policy. and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in Bangladesh and other jurisdictions, for the purposes of accessing, browsing or transacting on the Mobile App, 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.
Company shall not be liable to deliver any Products purchased by You for delivery, in locations outside Dhaka.
The User agrees to use the service to authorize an individual and get the products from the third party on his/her behalf.
The Mobile App is a platform that facilitates, as an intermediary, the online requisition by the user for purchase of medicines and wellness / health related products and services offered by Company's various registered third-party/ies (third-parties shall for the purpose of this Terms, include without limitation, third party retail pharmacies, third-party labs et al) ("Products and Services"). The sale & purchase / transaction between the registered third-parties and You, of Products and Services, facilitated by the requisition placed by You on the Mobile App shall be governed by these Terms. Company 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-parties.
Company further reserves the right to change or modify these Terms of Use or any policy or guidelines of the Mobile App including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications made will be effective immediately upon posting the revisions on the Mobile App and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Mobile App will confirm Your acceptance of such changes or modifications.
Company facilitates the purchase of drugs and other pharmaceutical products, nutraceutical products and services offered by third-party retail pharmacies (“Retail Pharmacies”). The Company and the Mobile App merely provide hosting and technology intermediary services to You and persons browsing/ visiting the Mobile App. All items offered for sale on the Mobile App, and the content made available by the Retail Pharmacies, are third party user generated contents and third-party products. The Company has 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 Retail Pharmacies through the Mobile App shall be the sole responsibility of the Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Mobile App.
The Company does not take any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Retail Pharmacies on the Mobile App. The right, title, claim or interest in the products sold through the Mobile App shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Mobile App.
The Company is not responsible for delayed, non-performance or breach of contract entered into between You and the third-party for purchase and sale of goods or services offered by such Retail Pharmacies on the Mobile App; The Company gives no guarantee that the concerned Retail Pharmacies will perform any transaction concluded on the Mobile App. The Company is not responsible for the Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Mobile App at the time of placement of order by You.
Content: 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 Mobile App. The content available on the Mobile App, including without limitation, text, copy, audio, video graphics etc. is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the third-party pharmacies on the Mobile App or any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, the Company shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. Also, you acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity of the information provided on the Mobile App and You must do Your own check.
The Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third-parties.
In order to purchase drugs and pharmaceutical products that requires a valid prescription, you are required to upload a scanned copy of the valid prescription on the Mobile App. Third- Party Pharmacies will verify the prescription forwarded by You and in case of any discrepancy observed by the third-party pharmacies, the order will be cancelled by the third-party pharmacies immediately. You are also required to make the original prescription available at the time of receipt of delivery of the order. You shall also allow the delivery agent to stamp the original prescription at the time of medicine delivery, failing which medicines will not be delivered.
The Pharmaceutical Drugs and Services shall be delivered by the Retail Pharmacies or independent contractors. You accept and acknowledges that the courier/ delivery personnel, engaged by the Retail Pharmacies or the Company, shall be User Agent of the delivery of the Pharmaceutical Drugs and Services from the concerned Retail Pharmacies to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.
The Company provides Services through the Mobile App as a marketplace and facilitates the Users to avail diagnostic test/ package facilities offered by third-party labs (“Labs”) through the Mobile App. Further, the Company shall in no event be responsible for the samples collected, tests conducted and reports generated by the third-party labs. The Company only provides facilitation services to the Users of the Mobile App. User and the Labs agree to use of the Mobile App and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
Notwithstanding anything to the contrary contained herein, Labs alone shall be liable for Labs’ dealings and interaction with the Users who avail the services of the Labs or diagnostic centres contacted or managed through the Mobile App and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Labs or any diagnostic center or any third party through the Mobile App. The Company, upon its discretion, may suspend labs or User’s ability to use or access the Mobile App at any time when the Company observes breach of these Terms of Use or for any other reason. The Company shall have no liability or responsibility towards any wrong information provided on the Mobile App with regard to the Labs.
Company shall enable You to make the requisition of Products and Services available to You through the Mobile App, only if You have provided Company certain required User information, including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account ("Account") through Company ID and password or other log-in ID and password, which can include a Facebook, Gmail, yahoo ID or any other valid email ID (collectively, the "Account Information") . The transaction and delivery of the Products by the registered merchants/vendors may also be subject to procedures for use of the Mobile App, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
The Mobile App requires You to register as a User by creating an Account in order to avail of the services provided by the Mobile App. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Company of any unauthorized use of Your Account or Account Information or any other breach of security, non-compliance with the TP Guidelines and (b) ensure that You exit / log out from Your Account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Paragraph 4. You may be held liable for losses incurred by Company or any other User of or visitor to the Mobile App due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise.
The Mobile App also allows / shall allow restricted access to the Mobile App for unregistered Users.
You shall ensure that the Account Information provided by You in the Mobile App's registration form is true, complete, accurate and up-to-date.
Use of another User's Account Information for availing the services offered by Company is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Mobile App by You.
You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions he/she makes using the Mobile App. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/account details number for using the Mobile App.
The Mobile App uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Company for the technical administration of the Mobile App, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies.
PRICING INFORMATION AND PAYMENT
Company strives to provide You with the best prices possible on the Products You require from the Mobile App. The pricing details for purchase of Products from the Mobile App are detailed under these Terms.
Further:
All commercial terms such as price, delivery, dispatch of Products and/or services are as per principal-to-principal bipartite contractual obligations between User and the third parties.
Your relationship with Company is on a principal-to-principal basis and by accepting these Terms of Use You agree that Company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed/ offered on Company's Mobile App. Company does not guarantee the identity of any third-parties nor does it ensure that a User or a third party will complete a transaction.
You, as a User, understand that upon initiating a requisition on the Mobile App, You are entering into a legally binding and enforceable contract with the third party to purchase the Products and /or Services from the third party on a cash on delivery basis or such other mode as may be specified by Company.
You, as a User, shall hand over a copy of the prescription, at the time of delivery, for the delivery of Products which as per law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such Products shall be made only if the third party or its agent/employee is satisfied that the prescription is in compliance with applicable norms.
You, as a User, shall electronically notify Company using the appropriate Company’s Mobile App features immediately upon Delivery or non-Delivery within the time period as provided in these Terms of Use. Non-notification by You of delivery or non-delivery within the time period specified in the these Terms of Use shall be construed as a deemed delivery in respect of that particular order.
You, as a User, shall be entitled to claim a refund in accordance with the Refund and Return Policy of the Company.
Refund shall be made in Dhakan Rupees only and shall be equivalent wholly or a part of the Transaction Price received in Dhakan Rupees.
Refund shall be subject to User complying with these Terms of Use.
Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach of any policy.
The User and third-party acknowledge that Company 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 Company.
You acknowledge that Company is a mere facilitator and does not fall within the purview of the Food Safety and Standards Act, 2006 and the rules framed thereunder.
You acknowledge that Company is a mere facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder.
You acknowledge that Company is a mere facilitator/intermediary and does not fall within the purview of the National Medical Commission Act, 2019, and the rules and regulations framed thereunder.
The User also agrees to pay a nominal fee for the same.
In order to process the payments for Your orders, the Company might require details of Your bank account, credit card number etc. The online fee payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company and/or Seller is not responsible for any loss or damage caused to User/ Retail Pharmacies/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company. There are no applicable payment charges levied on any transactions. Click here to see the list of our available payment methods and payment partners.
USER OBLIGATIONS
Subject to compliance with these Terms, Company grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Mobile app and the Services provided herein.
You agree to use the Services, Mobile app and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Mobile app in accordance with Paragraph 7 below.
You agree not to access (or attempt to access) the Mobile app and the materials or services by any means other than through the interface that is provided by Company. You shall not use any deep-link, 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 Mobile app or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Mobile app, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Mobile app.
You acknowledge and agree that by accessing or using the Mobile app or Services, you may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the Mobile app. Further, you may report such offensive content in the manner prescribed herein.
If the Mobile app allows You to post and upload any material on the Mobile app, you hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Mobile app or another's computer;
Engage in any activity that interferes with or disrupts access to the Mobile app or the services (or the servers and networks which are connected to the Mobile app);
Attempt to gain unauthorized access to any portion or feature of the Mobile app, any other systems or networks connected to the Mobile app, to any Company server, or to any of the services offered on or through the Mobile app, by hacking, password mining or any other illegitimate means;
Probe, scan or test the vulnerability of the Mobile app or any network connected to the Mobile app, nor breach the security or authentication measures on the Mobile app or any network connected to the Mobile app. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Mobile app, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Mobile app or service or information made available or offered by or through the Mobile app, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Mobile app;
Disrupt or interfere with the security of, or otherwise cause harm to, the Mobile app, systems resources, accounts, passwords, servers or networks connected to or accessible through the Mobile apps or any affiliated or linked sites;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Paragraph.
Use any device or software to interfere or attempt to interfere with the proper working of the Mobile app or any transaction being conducted on the Mobile app, or with any other person's use of the Mobile app;
Use the Mobile app or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside Dhaka;
Violate the Terms, including but not limited to any applicable Additional Terms of the Mobile app contained herein or elsewhere; and
Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Mobile app.
Company has no obligation to monitor such communications by You. However, Company reserves the right to review materials posted by You and to remove any materials in its sole discretion. Company reserves the right to terminate the User's access to any or all of such communication services provided by Company at any time, without notice for any reason whatsoever.
Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.
You agree that You are solely responsible to Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach.
You agree and acknowledge that Company is not the third-party owner of the Products and Company shall in no manner be deemed to be the third-party owner of the Products on this Mobile app. Company is only facilitating purchase of the Products by You from the third parties by providing the services to You.
You agree that Company may, at any time, modify or discontinue all or part of the Mobile app, charge, modify or waive fees required to use the Mobile app, or offer opportunities to some or all Mobile app Users.
You agree that the Mobile app shall not be used for illegal purposes. The Information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Mobile app, the Information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/ account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
You agree and acknowledge that the exchanges between the third party registered medical practitioners and You over telephone and the e-prescription would be accessible to the Company for the purposes of monitoring the quality of the consultation. The consultation provided by the third-party registered medical practitioner shall be done vide a secured recorded line.