Privacy Policy
Introduction
This Privacy Policy describes how Gratia Pharma Solutions collect, use, share, protect or otherwise process your information / personal data through the website www.gratiapharma.com.
The Platform is owned by Gratia Pharma Solutions, a company incorporated under the Companies Act, 1956 with its registered office at FLAT NO 105, RADHEY HEIGHTS CR BLOCK, NEAR D Y PATIL CORNER, RAVETROAD, Pimpri Chinchwad SECTOR NO 29, Pune, India (hereinafter referred to as ‘Platform Owner’, ‘Merchant’ ‘we’, ‘us’, ‘our’).
“You”/ means the User/Users as any person / persons using / subscribing the platform and availing the products and/or services offered on the Platform.
Please note that you may be able to browse certain sections of the Platform without registering with us. By visiting this Platform, providing your information or availing any product/service offered on the Platform, you expressly agree to be bound by the terms and conditions of this Privacy Policy, the Terms of Use and the applicable service/product terms and conditions, and agree to be governed by the laws of India including but not limited to the laws applicable to data protection and privacy. If you do not agree please do not use or access our Platform.
Collection-We collect your personal data when you use our Platform, services or otherwise interact with us during the course of our relationship and related information provided from time to time. Some of the information that we may collect includes but is not limited to personal data / information provided to us during sign-up/registering or using our Platform such as name, date of birth, address, telephone/mobile number, email ID and/or any such information shared as proof of identity or address. Some of the sensitive personal data may be collected with your consent, such as your bank account or credit or debit card or other payment instrument information or biometric information such as your facial features or physiological information (in order to enable use of certain features when opted for, available on the Platform) etc. all of the above being in accordance with applicable law(s) You always have the option to not provide information, by choosing not to use a particular service or feature on the Platform. We may track your behaviour, preferences, and other information that you choose to provide on our Platform.
This information is compiled and analysed on an aggregated basis. We will also collect your information related to your transactions on Platform and such third-party business partner platforms. When such a third-party business partner collects your personal data directly from you, you will be governed by their privacy policies. We currently use https://www.indiapost.gov.in/ and https://app.shiprocket.in/ for our postal and courier services and https://www.instamojo.com/ for our payment gateway services.
We shall not be responsible for the third-party business partner’s privacy practices or the content of their privacy policies, and we request you to read their privacy policies prior to disclosing any information. If you receive an email, a call from a person/association claiming to be Gratia Pharma Solutions seeking any personal data like debit/credit card PIN, net-banking or mobile banking password, we request you to never provide such information. If you have already revealed such information, report it immediately to an appropriate law enforcement agency.
Usage– We use personal data to provide the services you request. To the extent we use your personal data to market to you, we will provide you the ability to opt-out of such uses. We use your personal data to assist sellers and business partners in handling and fulfilling orders; enhancing customer experience; to resolve disputes; troubleshoot problems; inform you about online and offline offers, products, services, and updates; customise your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; conduct marketing research, analysis and surveys; and as otherwise described to you at the time of collection of information. You understand that your access to these products/services may be affected in the event permission is not provided to us.
Sharing– We may share your personal data internally within our group entities, our other corporate entities, and affiliates to provide you access to the services and products offered by them. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out. We may disclose personal data to third parties such as sellers, business partners, third party service providers including logistics partners, prepaid payment instrument issuers, third-party reward programs and other payment opted by you. These disclosure may be required for us to provide you access to our services and products offered to you, to comply with our legal obligations, to enforce our user agreement, to facilitate our marketing and advertising activities, to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our services. We may disclose personal and sensitive personal data to government agencies or other authorised law enforcement agencies if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal data to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
Security Precautions- To protect your personal data from unauthorised access or disclosure, loss or misuse we adopt reasonable security practices and procedures. Once your information is in our possession or whenever you access your account information, we adhere to our security guidelines to protect it against unauthorised access and offer the use of a secure server. However, the transmission of information is not completely secure for reasons beyond our control. By using the Platform, the users accept the security implications of data transmission over the internet and the World Wide Web which cannot always be guaranteed as completely secure, and therefore, there would always remain certain inherent risks regarding use of the Platform. Users are responsible for ensuring the protection of login and password records for their account.
Data Deletion and Retention- You have an option to delete your account by visiting your profile and settings on our Platform , this action would result in you losing all information related to your account.
You may also write to us at the contact information provided below to assist you with these requests. We may in event of any pending grievance, claims, pending shipments or any other services we may refuse or delay deletion of the account. Once the account is deleted, you will lose access to the account. We retain your personal data information for a period no longer than is required for the purpose for which it was collected or as required under any applicable law. However, we may retain data related to you if we believe it may be necessary to prevent fraud or future abuse or for other legitimate purposes. We may continue to retain your data in anonymised form for analytical and research purposes.
Your Rights- You may access, rectify, and update your personal data directly through the functionalities provided on the Platform.
Consent– By visiting our Platform or by providing your information, you consent to the collection, use, storage, disclosure and otherwise processing of your information on the Platform in accordance with this Privacy Policy. If you disclose to us any personal data relating to other people, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy.
You, while providing your personal data over the Platform or any partner platforms or establishments, consent to us (including our other corporate entities, affiliates, lending partners, technology partners, marketing channels, business partners and other third parties) to contact you through SMS, instant messaging apps, call and/or e-mail for the purposes specified in this Privacy Policy. You have an option to withdraw your consent that you have already provided by writing to the Grievance Officer at the contact information provided below. Please mention “Withdrawal of consent for processing personal data” in your subject line of your communication. We may verify such requests before acting on our request. However, please note that your withdrawal of consent will not be retrospective and will be in accordance with the Terms of Use, this Privacy Policy, and applicable laws. In the event you withdraw consent given to us under this Privacy Policy, we reserve the right to restrict or deny the provision of our services for which we consider such information to be necessary.
Changes to this Privacy Policy- Please check our Privacy Policy periodically for changes. We may update this Privacy Policy to reflect changes to our information practices. We may alert / notify you about the significant changes to the Privacy Policy, in the manner as may be required under applicable laws.
Grievance Officer: Kumar Kurle
Name of the Office: Gratia Pharma Solutions
Designation: Director
Name and Address of the Company:
Gratia Pharma Solutions
CR105, Radhe Heights; Sector 29, Akurdi Pradhikaran, Pune 411044
Contact us: 9325682111, quality@gratiapharma.com
Phone: Time: Monday – Saturday (9:00 – 18:00)
Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name www.gratiapharma.com (‘Website’), including the related mobile site and mobile application (hereinafter referred to as ‘Platform’).
The Platform is owned by Gratia Pharma Solutions, a company incorporated under the Companies Act, 1956 with its registered office at FLAT NO CR-105, RADHEY HEIGHTS, NEAR D Y PATIL CORNER, RAVETROAD, Pimpri Chinchwad SECTOR NO 29, Pune, India (hereinafter referred to as ‘Platform Owner’, “Merchant” ‘we’, ‘us’, ‘our’).
Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction.
The Website is only to be used for your personal non-commercial use and information. If you are not agreeable with these Terms of Use and Policies, we request you to not use the Website.
By mere use of the Platform, You shall be contracting with the Platform Owner and these terms and conditions including the policies constitute Your binding obligations, with Platform Owner. These Terms of Use relate to your use of our website, goods (as applicable) or services (as applicable) (collectively, ‘Services’). Any terms and conditions proposed by You which are in addition to or which conflict with these Terms of Use are expressly rejected by the Platform Owner and shall be of no force or effect. These Terms of Use can be modified at any time without assigning any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates.
For the purpose of these Terms of Use, wherever the context so requires ‘you’, ‘your’ or ‘user’ shall mean any natural or legal person who has agreed to become a user/buyer/subscriber on the Platform.
ELIGIBILITY: You hereby represent and warrant that you have the right, power, and authority to agree to the Terms, to become a party to a legally binding agreement and to perform your obligations here under.
DEFINITIONS:
Payment Instruments- include credit card, debit card, bank account, prepaid payment instrument, Unified Payment Interface (UPI), Immediate Payment Service (IMPS) or any other methods of payments which shall be developed or added or deployed by banks and financial institutions from time to time.
Platform: refers to the website or platform where the Merchant offers its products or services and where the Transaction may be initiated.
Transaction: shall refer to the order or request placed by the User with the Merchant to purchase the products and/or services listed on the Platform by paying the Transaction Amount to the Merchant.
TransactionAmount: shall mean the amount paid by the User in connection with a Transaction.
User/Users: means any person availing the products and/or services offered on the Platform.
Website: shall mean www.gratiapharma.com and the payment gateway provider www.instamojo.com and/or their respective mobile applications.
Terms of Use:
- To access and use the Services, you agree to provide true, accurate and complete information to us during and after registration/purchase/subscription, and you shall be responsible for all acts done through the use of your registered account on the Platform.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials offered on this website or through the Services, for any specific purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of our Services and the Platform is solely and entirely at your own risk and discretion for which we shall not be liable to you in any manner. You are required to independently assess and ensure that the Services meet your requirements.
- The contents of the Platform and the Services are proprietary to us and are licensed to us. You will not have any authority to claim any intellectual property rights, title, or interest in its contents. The contents include and is not limited to the design, layout, look and graphics.
- You acknowledge that unauthorized use of the Platform and/or the Services may lead to action against you as per these Terms of Use and/or applicable laws.
- You agree to pay us the charges associated with availing the Services.
- You agree not to use the Platform and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or Indian or local laws that might apply to you.
- You agree and acknowledge that website and the Services may contain links to other third-party websites. On accessing these links, you will be governed by the terms of use, privacy policy and such other policies of such third-party websites. These links are provided for your convenience for provide further information.
You understand that upon initiating a transaction for availing the Services you are entering into a legally binding and enforceable contract with the Platform Owner for the Services. You shall indemnify and hold harmless Platform Owner, its affiliates, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party. MERCHANT’S RIGHTS You agree that we may collect, store, and share the information provided by you in order to deliver the products and/or services availed by you on our Platform and/or contact you in relation to the same. Gratia Pharma Solutions reserves the right to accept or reject your offer for any reason (or no reason) including, but not limited to the unavailability of any product, an error in the price or product description. This shall be regardless of whether the order has been confirmed and/ or payment been received. In the event Gratia Pharma Solutions cancels your order, Gratia Pharma Solutions will provide full refund of any payment received. YOUR RESPONSIBILITIES: You agree to provide us with true, complete and up-to-date information about yourself as may be required for the purpose of completing the Transactions. This information includes but is not limited to the personal details such as name, email address, phone number, delivery address, age, and gender (or any other information that we may deem necessary for us to fulfil the Transaction) as well as the accurate payment information required for the transaction. All information, products and services displayed on the Website, does not constitute an offer to sell. The order placed by you shall constitute an offer to purchase particular product/s under these Terms of Use at the price specified (including delivery and other charges). |
Before placing an order, you will check and verify the product description carefully. By placing an order for a product, you are bound by the conditions of sale included in the product’s description. The prices and availability of the products are subject to change without prior notice to you, at the sole discretion of Gratia Pharma Solutions. Gratia Pharma Solutions may revise and cease to make available any product at any time. In the event, Gratia Pharma Solutions is unable to deliver the product, you will be notified by e-mail and your order will be automatically cancelled due to unavailability of the product. In such an event, Gratia Pharma Solutions shall not be liable to pay any damages to you owing to cancellation of the order. PROHIBITED ACTIONS: You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us As a User of the Platform, you agree not to [listed as under subheadings a) to p)]: a) Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. b) Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. c) Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein. d) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. e) Make improper use of our support services or submit false reports of abuse or misconduct. f) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. g) Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform. h) Attempt to impersonate another user or person or use the username of another user i) Use any information obtained from the Platform in order to harass, abuse, or harm another person. j) Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavors or commercial enterprise. k) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform. l) Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform. m) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you. Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. n) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform. o) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform. p) Use the Platform in a manner inconsistent with any applicable laws or regulations. ……End of “prohibited actions” |
LIMITATION OF LIABILITY: The User agrees that the only recourse that the User has in the event of receiving a defective product and/or deficiency in service or a product and/or service which does not match the provided description is to initiate the refund process which will be subject to the terms for refund under this agreement. We hereby expressly disclaim any liability to them for any losses. The User shall indemnify and hold harmless the Merchant and its affiliates, agents and representatives from and against any and all claims, demands, causes of action, obligations, liabilities, losses, damages, injuries, costs and expenses incurred or sustained by reason of or arising out of any breach or alleged breach of any of the terms herein by the User
GUIDELINES FOR REVIEWS: We may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria: You should have first hand experience with the person/entity being reviewed. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability. Your reviews should not contain references to illegal activity. You should not be affiliated with competitors if posting negative reviews. You should not make any conclusions as to the legality of conduct. You may not post any false or misleading statements. You may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
GOVERNING LAWS & DISPUTE RESOLUTION
Please note that these terms of use, their subject matter and their formation, are governed by the laws of India . You and we both agree that the courts of India will have exclusive jurisdiction over any dispute. Any dispute or claim arising out of or in connection with or relating to these Terms or their breach, termination or invalidity hereof (Dispute) shall be referred to and finally resolved by arbitration in Pune, India in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this clause 12.2. Within 30 (thirty) days of the issue of a notice of Dispute, the parties shall mutually agree on the appointment of a sole arbitrator. If such mutual agreement is not arrived at within the aforesaid 30 (thirty) days; period, the parties shall appoint such sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be India and the arbitration proceedings shall be conducted in the English language. The parties shall keep the arbitration confidential and not disclose to any person, other than those necessary to the proceedings, any information, transcripts or award unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties hereto. The parties hereto agree that their consent for resolution of Dispute through arbitration shall not preclude or restrain either of them from seeking suitable injunctive relief in appropriate circumstances from courts in Pune, India. The cost of arbitration shall be borne in the manner and by a party as determined by the arbitrators. In the meantime, each party shall bear its own cost for the arbitration which shall be reimbursed as per the directions in the arbitral award.
GRIEVANCE REDRESSAL You agree that if you have any question or complaint with regard to any product and/or service availed on our Platform, or pertaining to the Transaction, including but not limited to, double debit of Transaction Amount, fraudulent Transaction, unauthorized Transaction, refund requests, etc., you may reach out to us.
DISCLAIMER That upon initiating a Transaction, you as a User are entering into a legally binding and enforceable contract with us to purchase the products and/or services, and you shall pay the price as listed on the Platform through legitimate and legal sources of funds and through the accepted Payment Instruments. That you shall provide accurate payment details to the secure payment system for making purchase on the Platform. The information provided by you may be utilized or shared with any third party if required in relation to fraud verifications or by law, regulation or court order. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of a User’s Payment Instrument. That all payments undertaken by you are subject to your own risk and volition. We shall not be liable for any loss or damage occurred to you arising directly or indirectly due to the decline of authorization for any Transaction, malfunction, errors and/or unscrupulous activities. If you receive a User identification code, order ID, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. The content on our Platform is provided for general information only. The information provided does not to amount to advice from us in any manner and should not be relied upon. Where our Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. This Platform includes information and materials uploaded by other Users of the Platform. You understand that such information and materials have not been verified or approved by us. The views expressed by other Users on our Platform do not represent our views or values. We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Platform. You must use your own virus protection software.
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