Privacy policy
You agree that during your use and access of the Platform and/or availing of the Services offered by the Platform, you will provide us with certain information and other data as mentioned under the Terms which may or may not be otherwise publicly available. Please note that we respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by you under these Terms, are governed under Bloom’s privacy policy (“Privacy Policy”) which is available at www.trybloom.in/privacy-policy. By using and visiting the Platform and availing the Services of the Platform, you agree to the terms and conditions of our Privacy Policy.
Regarding your private information and data, we will only collect, use, disclose or process such information and data in accordance with our Privacy Policy, which you accept by your use and access of the Platform and/or availing the Services on the Platform. Please note that we may share such data and information with third parties as required to be shared in terms of and in the manner as set out under the Privacy Policy.
You agree with the measures and procedures regarding storing and securing the data and information on the Platform as stipulated in the Privacy Policy, you acknowledge, accept and agree that Bloom utilises the standard security configurations for securing data and information on the Platform which is reasonable and sufficient security practice and procedure as per the industry standard and for the purposes of Information Technology Act, 2000 and the rules and regulations made thereunder.
By accepting these Terms, you also agree to the terms and conditions as provided under our Privacy Policy.
CONDITIONS TO USE PLATFORM
For the use and access of the Platform, whether or not for provisions of availing any of the Services on the Platform, you must be 18 (eighteen) years of age or older to use or visit the Platform, in any manner. For this purpose, you agree that by visiting the Platform or accepting these Terms, you represent and warrant to Bloom that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Platform and agree to and abide by the Terms as provided herein.
Further, the use and access to the Platform can be availed only to such individuals who can form and enter into a valid ‘contract’ as per the conditions provided under
Indian Contract Act, 1872. It is hereby expressly clarified that the 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 Platform.
While individuals under the age of 18 may use or visit the Platform or avail the Services of the Platform, they shall do so only with the involvement and/ or guidance of their parents and/ or legal guardians, under such parent/legal guardian’s supervision and control. We reserve the right to deny use/ access to any to and/or exclude from our Platform, any person in our absolute discretion and we also reserve the right to suspend, revoke or amend your use/membership in our absolute discretion.
You agree that you will act lawfully, diligently and honestly at all times when you access and use the Platform and/or avail the Services and will comply with all laws, rules, regulations, legislations, notifications, circulars, guidelines, standards, codes, policies, orders, approvals, ordinances, judgments, decrees, injunctions, writs, arbitral award, bye-laws, or any similar form of decision, determination, or adjudication having the force of law, as amended from time to time, applicable to your use of the Platform and/or availing the Services.
You agree that you will not interfere with, jeopardise, disrupt or harm the Platform and/or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, photographs or information comprised in or provided to you via the Platform and/or Services and at all times comply with the Terms and Bloom’s policies.
We will provide you with any help you may reasonably require to access the Platform but we shall not be responsible if you are unable to access any section of the Platform or any of the Services for any reason. We do not guarantee you access to the Platform at any time and at all times. We do not guarantee that while you are accessing the Platform, your access will be uninterrupted, without delay/interference, secure and/or error-free or operate as set out and anticipated in these Terms. Accordingly, we reserve the right, at any time, to suspend or discontinue the Platform and/or any of the Services for any reason without incurring any liability or obligation to you.
You agree that the information you provide to Bloom on the Platform at the time of registration and any time thereafter and any information displayed under your account at all times will be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms herein and the other policies of Platform, we shall have the right to indefinitely suspend or terminate your account or block your access on the Platform.
If we reasonably believe that an account and password is being used/misused in any manner, we reserve the right to cancel rights to access the Platform immediately without notice, and block access to all users from that particular IP address. You
agree to notify us and the Platform immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for all the losses, claims and liabilities incurred by Bloom due to someone else using your account or password.
Further, by using the Platform or sending emails, data, information or communication to the Platform through the Platform you consent to receive communications via electronic records from us periodically and as and when required.
The information and Services may not be used for any illegal purpose. You may 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 may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Platform, the information, or Services. You may not use any automated means (such as a scraper) to access the Platform, the information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Account. Any attempt by any individual or entity to solicit login information of any other user or to access any such account is an express and direct violation of these Terms and applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
We may, at Our sole discretion, suspend the User’s ability to use or access the Platform at any time while we investigate complaints or alleged violations of these Terms, or for any other reason.
CODE OF CONDUCT
Under these Terms, the User agrees not to host, display, upload, modify, publish, transmit, update or share any information that: (a) belongs to another person and in relation to which it does not have any right of use; (b) infringes intellectual property rights (including any patent, trademark, copyright or other proprietary rights) of any person and privacy rights of any person; (c) is false or misleading in any way; (d) violates any law for time being in force; (e) harasses or advocates harassment of another person; (f) involves the transmission of “junk mail”, “chain mail” or unsolicited mass mailing or “spamming”; (g) promotes illegal activities or abusive, obscene, defamatory or libellous conduct; (h) solicits gambling or engages in any gambling activity which is or could be construed as being illegal; (i) harms minors in any way;
(j) 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; 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; (k)
deceives or misleads the other Users of the Platform about the origin of messages or communicates any information which is grossly offensive or menacing in nature; (l) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation; (m) promotes an illegal or unauthorized copy of another person's copyrighted work; (n) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; (o) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (p) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and (q) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, application, software contains content that would be prohibited or violates the letter or spirit of these Terms;
The User agrees not to (a) reveal/disclose confidential or proprietary information of other Users, Bloom/ Platform or any third party when the User receives or comes in possession of such confidential or proprietary information; (b) incorporate any computer contaminant, software virus or any computer code or file or program on the Platform designed to interrupt, destroy or limit the functionality of the Platform; (c) incorporate or introduce any program on the Platform that might infringe the intellectual property rights of any other User and/or of Bloom/ Platform; (d) download, copy, reproduce any file or information available on the Platform which the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed; (e) in any way, deface or vandalize the Platform or prevent or restrict others from using the Platform; (f) stalks, threaten or harass any other User or infringe upon or attempt to infringe upon their privacy; (g) infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy, of Bloom/ Platform, other Users of the Platform or any third Party; (h) impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity; (i) 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; and (j) create liability for Bloom/ Platform or cause Bloom/ Platform to lose (in whole or in part) the services of its internet service provider or other suppliers.
It is also clarified that 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 Platform or any product/service, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any product/service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
You agree that you shall not attempt to gain unauthorized access to any portion or feature of the Platform or any feature pertaining to availing of Services or any other systems or networks connected to the Platform or to any server, computer, network, or any of the product/services offered on or through the Platform, by hacking, password “mining” or any other illegitimate mean.
You agree that you shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other client/customer/user/member of Bloom/ Platform including any account on the Platform not owned/operated/managed by you, to its source, or exploit the Platform or any product/service or information made available or offered by or through the Platform, 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 Platform.
You agree that you shall not make any negative, denigrating or defamatory statement and/or comment about the Platform/ Bloom or purchase of Products or the brand name or domain name used by Bloom/ Platform or otherwise engage in any conduct or action that might tarnish the image or reputation of the Platform/ Bloom or other Users on the Platform or other business partners of Bloom or otherwise tarnish or dilute any of Bloom’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 the Platform.
You agree that you will not use the Platform or any content thereof for any purpose which is unlawful or prohibited by the Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of Bloom/ Platform, its Users and/or other third parties.
You agree that you shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and as amended from time to time, also all applicable laws, rules and regulations and international laws, statutes, ordinances and regulations regarding use of the Products and/ or availing of the Consultation Services and the transactions between you and other Users. Further, you agree that you shall not solicit (directly or indirectly) any other Users of the Platform to avail the Services of the Platform being displayed on the Platform, either independently or through a third party except through the Bloom/ Platform.
The User shall indemnify and hold harmless Bloom, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from all losses, claims, damages, penalties, costs,
expenses, demands, and actions (including reasonable attorneys’ fees) suffered or incurred by the Platform due to or arising out of a breach of these Terms and other policies of Bloom/ Platform.
To enable the use of the information supplied by you to us, so that the use of any such information by us is not construed as a violation of any rights, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with the Terms and the policies of Bloom/ Platform applicable to the use of the Platform.
FEEDBACK AND PRODUCT REVIEW
In this respect, it is clarified that the User shall be solely responsible for the content of the Feedback such Users have provided on the Platform and, if such Feedback is published, the role of Bloom/ Platform in publishing of such Feedback shall of an ‘intermediary’ under the provisions of the Information Technology act 2000 and, therefore, Bloom here disclaims all liability with respect to the content of the Feedback and it is clarified that Bloom/ Platform does not endorse any opinions or experiences contained within the content of such Feedback.
In respect of the Purchase of the Products on the Platform, the Registered Users are allowed to provide feedback, ratings, reviews and particulars about the experiences in respect of such Purchase of the Products (“Product Review”), which Bloom/ Platform may or may not publish at their sole discretion, however, the User shall ensure that the providing of such Product Review does not violate any applicable law and must not infringe on third-party intellectual property rights or privacy rights.
The User shall ensure that submission of Product Review and/ or Feedback shall not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature.
USER’S CONTENT
It is hereby clarified that the content that you upload or post will become our property and you grant us the worldwide, perpetual and transferable rights in such content, including but not limited to Feedback and Product Review. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include any content you provide and are not entitled to any payment or other compensation for such use. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to the Platform, stored on our servers, or hosted or published on the Platform.
Posting any form of content by the User on the Platform must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Platform, we have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the user posting such content, if we feel that there is a need to check such accuracy. We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, we can in no way be held liable for any false or misleading information.
In case any content is considered to be unlawful or against the law within any jurisdiction in which the Platform can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
PAYMENT TERMS
Please note that some of the Services on the Platform are chargeable as may be specified from time to time. We will inform you about the applicable charges for any paid Service and the related payment terms presented to you. You can add the desired Services to your order cart which will indicate the applicable charges in respect of such Services added to the order cart.
Please note that in the event of any loss or damage arising directly or indirectly to the User on account of lack of authorization for any transaction or any other issue whatsoever arising in respect of the transaction and/or the decline of the transaction for any reason whatsoever.
It is clarified that the Product Fee shall consist of delivery charges which shall be determined and charged on the purchase order in the following manner:
Rs. 50 or free delivery
It is agreed between the Parties that all payments made against the services on the Platform shall be in INR and the Platform shall not facilitate transaction with respect to any other form of currency for the payment to be made to avail the Services.
Any payment in respect of Services shall be subject to applicable tax laws of India.
The User may cancel a purchase order for Products within 24 hours of uploading the prescription on the Platform. Please note that once we ship the Product, you can cancel the purchase order by incurring INR 80 as delivery expenses. In order to cancel your purchase order for Products, please contact us on WhatsApp at 91 8591688055 ("WhatsApp Customer Support”).
In respect of the purchase of the Products, we do our best to ensure that the Products you ordered are delivered as per the particulars you have provided. In the event, that you receive an incomplete order, damaged or incorrect Product(s), you are requested to notify Customer Support (as defined below) immediately or within 7 working days of receiving such Products so that we can ensure prompt resolution. Please note that we will only allow the return and refund of unopened and unused Products in the same condition as at the delivery. Please note that we will not accept any liability for any issues if you fail to notify us within 7 working days of receipt of the Product.
We also understand that various circumstances may arise leading you to want to return Product(s) which are not defective, damaged and/ or incomplete. In such cases, we may allow the return of unopened and unused products after deducting a 20% restocking charge, ONLY if you notify us within 30 working days of receipt of the Product(s).
We will issue a full refund for the Products in case the User receives a defective Product, the Product is lost or damaged during transit and/ or the ordered Product(s) are past the expiry date.
Please note that Bloom/ Platform reserves the right to refuse returns (or refunds) for certain products, as marked in the respective product pages as "Note: This item cannot be returned for a refund or exchange."
The mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please note that it may take 7 to 10 working days for the credit to appear in your account. While we regret any inconvenience caused by this time frame, it is noted that it is the bank’s policy that delays the refund timing and we have no control over the same.
In order to request a refund, you need to contact us on WhatsApp Customer Support with your order details, including the reason why you’re requesting a refund. Please note that we take customer feedback very seriously and use it to constantly improve our quality of service.
If You have any queries in relation to any issue, you can call our help desk at 91 8591688055 or email us at care@trybloom.in or contact our customer support executives through online chat on the Platform (“Customer Support”).
THIRD-PARTY ADVERTISEMENTS
As part of the Services provided by Us; We facilitate and allow third-party advertisers ("Third Party Advertisers”) to place advertisements on the Platform in accordance with our advertisement policy.
We clearly distinguish between the editorial content and content that is created or provided by one of our Third Party Advertisers. The advertisements will be labelled as "sponsored", "from our Advertisers" or "advertisement". This content will not be reviewed by Our in-house editorial staff and shall be subject to the Advertising Policy, these Terms and the Privacy Policy.
Please note that We do not verify any content or information provided by the Third Party Advertisers on the Platform and to the fullest extent permitted by applicable law(s), disclaim all liability arising out of Third third-party advertisers’ use or reliance upon the Platform, availing the Services, content posted by Third Party Advertisers, representations and warranties made by the Third Party Advertisers on the Platform or any loss arising out of the manner in which the Services have been availed by the Users.
The Platform may be linked to the website of third parties, affiliates and business partners. By clicking on the advertisements by Third Party Advertisers, the User may be redirected to a website or other electronic platform of any Third Party Advertisers or receive other messages, information or offers from such Third Party Advertisers. We have no control over and are not liable or responsible for the content, accuracy, validity, reliability, or quality of such websites or those made available by/through the Platform. The inclusion of any link on the Platform does not imply that we endorse the linked website. The User is wholly liable for all communications and transactions with advertisers. The User acknowledges and agrees that the Bloom/ Platform is not liable or responsible for the content, products or services of such advertisers or the websites, links, information, messages, offers or privacy practices of such advertisers.
Users accept and acknowledge that we do not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statute or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on the Platform by Third Party Advertisers, including any guarantee or warranty that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; and (iv) do not cause any infringement.
The User acknowledges and agrees that Bloom/ Platform is not responsible for the availability of Third Party Advertisers’ links, content, websites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The User warrants and agrees that Bloom will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service.
The content on the Platform which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content and the Platform may contain links to/ content of third-party websites that are not associated with us. We have no control over any third party user generated content as we are merely an intermediary for the purposes of those content. In the event, that any of the third-party content infringes any intellectual property of any person, such third party shall be solely responsible for any loss caused and we shall not be liable.
INDEMNITY
In addition and not in derogation of the specific indemnities provided by you to Bloom/ Platform under these Terms and/or policies of Bloom/ Platform, you agree to indemnify, defend and hold harmless Bloom and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users and agents etc. against any and any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against Bloom/ Platform or such party, to the extent such Losses are based on or arising out of or in connection with:
any breach or non-performance of any of the Terms and/ or other terms and conditions of Bloom/ Platform with respect to use and access of the Platform and/ or purchase of the Product; (b) truthfulness and correctness of the information provided by the User at the time of Sign-up and/ or availing the Services including purchase of the Products and availing customer care service; (c) any content posted by the User on the Platform and User's use of the Services available on the Platform; (e) any third party due to, or arising out of, or in connection with, your use of the Platform and/ or availing of Services; (f) breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right) by you.
INTELLECTUAL PROPERTY RIGHTS
For the purpose of these Terms herein, the terms, “IPRs” or “Intellectual Property Rights” shall mean on a worldwide basis, all patents, copyrights, trade secrets, service marks, trademarks, trade names, trade dress, trademark applications and registrations, internet domain names, design rights, and all other proprietary and intellectual property rights as may exist now and hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under any applicable law.
It is further acknowledged and agreed by you that all the IPRs in all material presented on the Platform, including but not limited to text, audio, video or graphical images, interfaces, graphics, design, compilation, information, computer code, products, software, downloadable software, trademarks, logos and all other material appearing on the Platform are the property of Bloom, its parent, affiliates and associates and are protected under applicable Indian laws.
It is hereby clarified and agreed by you that (i) Bloom/ Platform own all the intellectual property rights in and relating to Bloom/ Platform, Products and Services offered through Platform and your use of the Platform and/or availing of Services does not grant or confer you any rights in relation to our IPRs or our affiliates or licensor’s or suppliers’ IPRs; (ii) the structure of the Platform shall not be reproduced, distributed or published, in whole or in part, by you for any purpose; other than in connection with your private use of the Platform and/ or availing of Services, you shall not copy, reproduce, download, publish, adapt, create derivative works, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way, any IPRs or content in relation to the Platform and/ or availing of the Services or the computer codes or elements which comprise the Platform; (iii) by using, accessing or visiting the Platform and/ or availing the Services, you acknowledge and agree that the general layout, content and design of the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and these Terms does not grant to you any rights to any IPRs in respect of the Platform or any content; (iv) the User cannot create any derivative work or technology based upon any IPRs, confidential or proprietary information of Bloom/ Platform; (v)the User cannot adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Bloom/ Platform or take any other action that infringes upon or impairs Bloom’s trademark (whether registered or unregistered) or other IPRs; and (vi) other than as set out in this clause and the
Platform’s policies, you are not permitted to use any of our intellectual property rights without our (and our affiliates, licensor or suppliers) prior written consent.
TERMINATION
You agree Bloom, in its sole discretion and for any, including inter alia without limitation if you breach these Terms, may terminate your access to and use of the Platform, at any time. You agree that any termination of your access to the Platform and/ or suspension/ termination of your Account may be effected without prior notice, and in this respect, Bloom/ Platform shall not be liable to you for any such termination. Your right to use the Platform immediately ceases upon termination of your access/use of the Platform.
The provisions of these Terms shall continue to apply until terminated by either of the Party as set for below: (i) In case of User wants to terminate these Terms, the User may do so by (i) not accessing the Platform; or (ii) closing their Accounts.
We reserve the right to, at any time, and with or without notice, terminate these Terms against each of the Users, if there is
breach any of applicable law(s) or the provisions of these Terms or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the User from time to time (or have acted in a manner that clearly shows that the User do not intend to, or are unable to, comply with the same); or
Platform is unable to verify or authenticate any information provided to the Platform by the User;
We believe, in its sole discretion, that the User’s actions may cause legal liability to Bloom/ Platform, (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Platform;
We are required to do so by law; or
if the User fails to provide (or after providing such consent, later revoke) the consents necessary or desirable for Bloom to provide the Services to the User;
LIABILITY
In no event shall we, or our officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the Platform; purchase of the Products and availing of Consultation Service; and illegal/unauthorized/ invalid prescription which has been uploaded by the User for purchasing the Products from the Platform.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. Bloom/ Platform accepts no liability for any loss or damage suffered due to the Users’ reliance on the product reviews posted by Users.
The User understands and agrees that (i) Bloom / Platform is not involved in providing healthcare or medical advice or diagnosis and, therefore is not liable for interaction, communication, dealing and transaction for any content posted, transmitted, exchanged or received by or on behalf of any User or another person on or through the Platform and any unauthorized access to or alteration of your transmission or data.
Bloom shall not be responsible for any inaccurate/ incorrect information provided by the User on the Platform.
User will be responsible for and releases Bloom from any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Terms and further agrees to hold harmless and indemnify Bloom in this regard.
In no event shall the total aggregate liability of Bloom/ Platform to any User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms or any your use of the Platform exceed an aggregate amount of INR 2500/- (Indian Rupees One Thousand only). We accept no liability for any errors or omissions on behalf of You.
In no event shall Bloom be liable for failure on the part of the Users or Third Party Advertisers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall Bloom/ Platform be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Advertisers.
The Users may share their previous medical history during interactions, communication, dealings and transactions with the customer care executives. The Users undertake to share such information at their own risk. Bloom/ Platform reserves the right to retain such information for the purpose of providing Services to the Users.
DISCLAIMER
THIS PLATFORM IS PROVIDED BY BLOOM ON AN “AS IS” AND “AS AVAILABLE” BASIS AND BLOOM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, AND CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. BLOOM RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME AT ITS DISCRETION.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BLOOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. BLOOM DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM BLOOM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLOOM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
BLOOM DISCLAIMS RESPONSIBILITY FOR ANY HARM TO PERSONS RESULTING FROM ANY INSTRUCTIONS OR PRODUCTS REFERRED TO IN THE PLATFORM. WE DO NOT WARRANT THAT THE PLATFORM OR ITS CONTENT WILL MEET YOUR REQUIREMENTS.
THE PLATFORM IS INTENDED FOR GENERAL PURPOSES ONLY AND IS NOT MEANT TO BE USED IN EMERGENCIES/SERIOUS ILLNESSES REQUIRING PHYSICAL CONSULTATION. BLOOM SHALL NOT BE LIABLE IN CASE OF ANY NEGLIGENCE ON THE PART OF THE USER IN ACTING ON THE SAME AND IF THE CONDITION OF THE USER SUBSEQUENTLY DETERIORATES.
BLOOM SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED DUE TO YOUR RELIANCE ON THE PRODUCT REVIEWS/ FEEDBACK AS POSTED ON THE PLATFORM.
BLOOM HAS NO DOCTOR-PATIENT RELATIONSHIP WITH THE YOU/ USERS AND DOES NOT REPLACE THE RELATIONSHIP WITH YOUR PHYSICIAN AND/OR HEALTHCARE PROVIDER.
THE OPINIONS, STATEMENTS, ANSWERS AND CONSULTATION PROVIDED BY THE CARE EXECUTIVES THROUGH THE PLATFORM ARE SOLELY THE INDIVIDUAL AND INDEPENDENT OPINIONS OF THE CUSTOMER CARE EXECUTIVES AND DO NOT IN ANY WAY REFLECT THE OPINIONS OF BLOOM.
PLATFORM HAS EXERTED REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION PUBLISHED ON THE WEBSITE/APP IS ACCURATE AT THE TIME OF POSTING; HOWEVER, THERE MAY BE ERRORS IN SUCH INFORMATION FOR WHICH WE SHALL HAVE NO LIABILITY. WE RESERVE THE RIGHT TO REMOVE OR ALTER ANY OF THE INFORMATION CONTAINED ON THE PLATFORM AT OUR SOLE DISCRETION.
THE PLATFORM CANNOT GUARANTEE THE ADEQUACY, CURRENCY OR COMPLETENESS OF THE PLATFORM CONTENT. BLOOM/ PLATFORM
DOES NOT WARRANT OR ENDORSE THE EFFECTIVENESS, QUALITY OR SAFETY OF THE PRODUCTS AVAILABLE ON THE PLATFORM.
WE MAY LET YOU VIEW OUR INFORMATION AND COMMUNICATE WITH US THROUGH SOCIAL MEDIA PLATFORMS SUCH AS FACEBOOK AND TWITTER. BLOOM/ PLATFORM EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE TERMS OF USE AND PRIVACY POLICIES THAT GOVERN THESE THIRD-PARTY WEBSITES, WHICH ARE IN NO WAY ASSOCIATED WITH US.
SEVERABILITY
If for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties (the User and Bloom collectively) as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
WAIVER
No provision of these Terms shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Bloom. Any consent by Bloom to, or a waiver by Bloom of any breach committed by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
These Terms shall be governed by the laws of India. Subject to dispute resolution clause below, courts and tribunals of Mumbai have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity or termination of these Terms).
The User agrees and understands that the transaction with the Practitioners is subject to the jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times.
If any dispute, controversy or claim arises under, out of, or in relation to these Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Terms, then such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within forty-five (45) days of either party (you or we) sending a notice in this regard to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator in Mumbai. Such sole arbitrator shall be appointed by Bloom.
OTHER TERMS
Other than that when expressly allowed, any use of our content and its being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or any commercial enterprise, without our express prior written consent is not allowed.
Please note that if You navigate away from the Platform to a third-party website or application, then You may be subject to and bound by alternative terms of use and privacy policies applicable to such third-party website or application.
Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms shall be immediately informed via email at care@trybloom.in with the electronic signature or in writing at the following address to: Oddity Healthcare Private Limited, 507/508 NMS Titanium, Sector-15, CBD Belapur, Navi Mumbai, Maharashtra, 400614.
The rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of the Terms.
At our discretion, we may serve any notice or communication on you by mail. In the case of notices sent by mail, you will be deemed served 5 (five) business days after dispatch of the same.
As part of the registration process, you agree to receive such marketing and promotional materials via mail, SMS, and/or any other mode of communication as we may deem appropriate to send you in connection with our Platform and Services.
For further details relating to the same, please refer to our Privacy Policy.
