What is vaccine panda
The Domain name www.vaccinepanda.com is an internet based Portal and is owned and operated with a Registered Logo, Registered Tagline(Apna Panda Vaccine Panda). The Trademark is Registered (Accepted and Advertised in Trademark journal No.1965 via Application no.4138608,under class 44,FILING DATE 30/03/2017).
Vaccine Panda/vaccinepanda.com is the Trade Name of GCPL OPC Pvt Ltd with GSTIN number 07AAHCG7509E1ZN ,PAN number AAHCG7509E, a Company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Vaccinepanda.com” or “We” or “Our” or “Us” or “Company”). The Domain name and the Mobile application(under production) are collectively referred to as the “Website”
The Website is a platform that facilitates (i) A.The online display of all the vaccines (with their product insert) to aid the patient in making an informed choice ( after Consultation with the company’s Pediatrician) for purchase cum delivery with administration(HOME VACCINATION CUM CONSULTATION SERVICES ONLY) of vaccines after a complete Medical Check of the patient at his home / in house check up / consultation .B. Home Check up and Consultation, C. Video Consultations. D.Sharing Latest Medical Knowledge pertaining to Vaccines in Blogs & You Tube Videos. E. E.M.R. Services (Electronic Maintenance of Records digitally) of the patients like their Prescriptions,Growth Charts,Vaccination Cards,Medical Profile, Biodata,Vaccine Reminder Services.
The Company will also try and provide Medicine Purchase and Home Delivery & Lab test bookings ( in near future).
All available vaccines products are procured on GST bills legitimately from various Third party Registered Vaccine Distributors/Vendors (“Third Party Pharmacies/ Distributors/Retailers/Wholesalers”) hereafter called ‘VENDORS’ who are having a valid and proper retail and/or wholesale drug licence (D.L.),GST with a Government certified/licensed vaccine storage facilities(Godown License) and Walk in Cold Room (To maintain Cold Chain). The vaccines are purchased by GCPL OPC Pvt Ltd on its GST and State Medical License of the Director as he is also an Allopathic Pediatrician Doctor, registered with the Delhi Medical council. A similar billing system will be used in future to give services in other states by using local Vendors and Doctors of that state to give services.
Home based vaccination services are purely an extension of the existing Clinic Vaccination Service facilities to increase the convenience,compliance & affordability for the patients .Services are provided by Vaccine Panda’s Staff- implies trained ,qualified,registered Doctors/Pediatricians/ Para medical staff (Registered with State Medical Council with Valid Registration and Qualifications) . The Vaccines to be administered are procured from the Distributors and stored Compartment wise in the Clinic/Head Office Refrigerator (as per its capacity) of the Doctor/ Director’s Clinic. Vaccines are stored in strict accordance with the Government and IAP Vaccine Guidelines for Vaccine Storage, maintaining a Strict Cold Chain (>2-<8 Degree Cent) and automatic temperature Record Logs(Data Logger)with a buzzer alarm system and a 24 hour Power Backup. A strict Cold Chain is maintained all the way till the patient house by using power backed up portable refrigerators with daily AutoTemperature Record Logs(Data logger) with a Buzzer alarm system for temperature cut off(>2<8 C).
All medical and paramedical staff, drivers, Logistics,Legal administrative,Customer Care Call Centre, Chatbot & Advertisement services are provided by the Vaccine Panda Company complying with standard Industry Compliances.
Vaccine Panda is not a Medical E- Commerce Company as we do not sell any medical products (Schedule H vaccines or medicines) independently. We only provide Health Care Services as a single entity as explained in the above para.
(ii) The display of vaccines and their attributes is for knowledge purpose only. We neither do nor allow any direct Online advertisements/ endorsement of any particular vaccines brand by any Vaccine Company. Any content displayed by us has already been made available in the public domain by the vaccine companies and is being reproduced as it is without permission.
The Vendors and the Vaccine Companies are collectively referred to as the “Third Party” .
Advertising and marketing of goods and/or services by any Third Party Pharma Companies will be allowed provided they comply with the Medical ethics & Guidelines set by the Drug Controller of India and are approved by the ‘Advertisement Review Committee’ of the company. Members of the committee are The Director, Vice president and the H.R. Head. The Director heads the committee and he only has the right to veto.
Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website.
You agree and acknowledge that the vaccine panda is a Portal /Platform that You utilize to make transactions & buy Home Vaccination Services. Vaccine panda (GCPL OPC Pvt Ltd) procures the vaccines on the Doctor’s State Medical License( eg DMC in Delhi) & the Company’s GST from Registered Third Party Distributors/pharmacists/vendors who have a valid Wholesale/Retail Drug Licence(D.L.) and a Government approved Cold Room(Walk in Refrigerators to keep bulk vaccines- Godown Licence).
The Website Flow:
After accessing our portal,the patient first analyses the displayed list of vaccines, detailed with all their attributes as per their unique product insert (pi).
The patient can then raise a ‘Query / Purchase Interest’ for a particular vaccine(s) by clicking to choose it & add to his cart.
The customer also has a ‘QUICK BOOK’ option in case he wants to take help of the company’s Pediatrician to analyse his vaccination card and check his due & given vaccines & decide on the vaccine(s) to be given. To proceed further, the patient first needs to Register himself with our portal & create a unique login id and password.
Case Scenario: The patient has a valid prescription/ vaccination card
The patient is required to Upload his Vaccination Card / Doctor’s Prescription which mentions the vaccines already given to him and the particular ‘due’ vaccine(s) which are to be administered/given. The Patient’s Vaccination Card/Doctor’s Prescription is analysed, Validated & Approved by the Company’s Pediatrician. After that a Complementary but Mandatory ‘Tele Consultation’ is given by our company Pediatrician to the patient to discuss, analyse the due vaccine(s) and finalise the vaccine(s) to be given as per the patient’s choice/preference and the Doctor’s recommendation. A Prescription is generated by the Doctor for the vaccine which is chosen. The Payment Link along with a unique Purchase Order (P.O.) Number for the chosen vaccine is generated by the company and shared with the customer.The patient chooses the Date and Time for the service as per his convenience and slot availability. The P.O. Number along with the Prescription is shared with the Vendor via mail after the payment has been done by the customer. The particular vaccine is purchased by the Company on its GST and the Director Doctor’s / Company’s Prescribing Doctor’s State Medical License. The P.O. is then converted to the Purchase Invoice(P.I.), between the vendor and our company for billing. A unique ‘Sales Invoice’ is generated, having the same unique Reference Number( same as the unique P.O.number) which is mailed to the customer.
There are 2 types of the Sales Invoices (Disclaimer: All Sales Invoices are inclusive of GST) -
1. Standard Sales Invoice : This is the routine Invoice which is auto generated ( after billing is complete) and mailed to the customer mentioning the following fields:
1.1. Customer Details: Name, Address of Service,Age,Sex,ID number,Phone Numbers,Registered e mail id.
1.2. Vaccine Details: Brand Name,Batch Number, Expiry Date, Final
Price after Deal
1.3. Unique Reference number (P.O. Number.)
1.4. Delivery Details: Date and Time slot chosen
1.5. Vaccine Panda Company Details: Company Name ,GST,PAN,TIN number,Head Office Address, e mail id, Customer care Phone numbers Company’s E Stamp, Seal and Director’s Digital Signatures.
1.6.Unique Sales Invoice Number.
1.7.Service Package Charges of the Team with
1.8. Additional Deal / Coupon Discounts applicable if any.
2.Detailed Sales Invoice
It contains the Standard Sales Invoice Plus
2.1The Vendor details ( from which the particular vaccine was purchased). It mentions the Vendor's Name,address,GST details,D.L. Number, Contact details etc .
2.2. The Consulting Doctor’s (Patient’s doctor or Our Doctor’s) details - Name, Qualification, State Medical License Number, Address, Contact details etc as mentioned on his prescription.
2.3. Service Team Details: The names & Ids of the Service team members
along with their post & Qualifications.
2.4. Unique I.D. of the Auto Temperature Data Logger used to provide
2.5.Unique I.D. of the Vaccine Carrier Box used to provide the service
This invoice will be generated only on request by the customer.
An example of The G.O.I. approved ‘Standard Prescription Format’ required to be uploaded is enclosed herewith.
In case the patient does not have a valid prescription/ vaccination card e.g. he has lost his card, then a Doctor’s Prescription will be issued to him after a Complementary but Mandatory & unbiased ‘Tele Consultation’ with the Company’s Pediatrician, wherein the correct & most appropriate vaccine (as per the patient's requirements & preferences - by brand / price) will be advised by the Doctor . All such verbal communications will be recorded for legal purposes and constitute an informed consent by the patient. The prescription will mention the ‘Vaccine Salt name’ along with the commonly available brands names. No particular company / brand is promoted in a prescription. On patient request, the Doctor may suggest the brands commonly prescribed and chosen by most patients as per his own independent knowledge, discretion & experience . We do not solicit the doctor to promote any particular company/ brand.The payment link created for the final vaccine chosen by the patient is sent to him by the customer care team along with a unique Purchase order(P.O.) Number. The P.O.Number along with the Prescription is shared with the Vendor via mail after the payment has been done by the customer. The particular vaccine is purchased by the Company on its GST and the Director Doctor’s / Company’s Prescribing Doctor’s State Medical License. The P.O. is then converted to the Standard Purchase Invoice(P.I.) which is mailed to the customer.
The Company’s Contractual Pediatrician works on a ‘Professional Contract’ with the company. He is an independent Professional Consultant (child specialist) who is hired/paid on ‘as & when’ basis (/on salary if employed by the Company) and paid as per the services availed from him, like Telemedicine consultations and Video consultations or chats or responding to the medical queries, calls or emergencies.The details and terms of the agreement between the Professional and the Company are held confidential as per the legal & Confidential Professional Contract signed between the two. The Vaccine Panda Company or any of its independent Medical Consultants (Doctors / paramedical staff / nurses ) never indulge in the promotion of any particular vaccine brand or company. The patient prescription made by the Doctor is a legitimate & ethical complying to all norms set down by the NMC. The prescription mentions the Doctor’s details (Name, Degrees,Medical Registrations Number and License, Clinic Address,Contact Number, Mail Id, e/ physical sign and e/ physical stamp, his hospital attachments and experiences, publications,Memberships of Doctors Bodies like IAP , IMA etc), patient details(Name,address,phone number,mail id,age,sex,date of birth,weight,height,significant medical conditions,past history, allergies esp to egg/Adverse Drug reactions if any) and the treatment details/drugs with salt names, current Date, Validity- duration of medicines,sign stamp and seal of the Doctor- physical or digital. No mention of Vaccine Panda is there on the prescription or letterhead.
The patient after Tele Consultation with the company’s Doctor is issued a valid doctor’s prescription/ e - prescription(Prescription A), having the details of the patient and the vaccine to be given and the Doctor’s details ( Name, Contact Details, Qualifications,State Medical Licence, signatures/ e - signatures, Stamp/ e- stamp,Date and Time).The Vaccine panda e prescription module conforms to the revised NMC guidelines issued in accordance with the G.O.I.
1.6.1.Vaccine panda’s E- prescription Module(applicable if the customer chooses vaccination services) consists of Three Types- Type A & Type B & Type C.
Type A is the digital e prescription that is generated after the First Complementary but Mandatory Tele Consultation between our Pediatrician/Doctor and the patient after analysing his vaccination card to discuss, confirm & cross check all of his given and due vaccines and deciding on the next Vaccine(s) to be given to him. Prescription A is shared with the vendor as discussed earlier. It is handed over to the Service Team in print to paste the vaccine sticker after the vaccination and then finally given to the patient for his physical record keeping.It is not uploaded on the portal. The Prescription A does not have patient details like Anthropometry,Vitals & Examination Findings as it is an e (Tele) prescription.It is not uploaded in the patient’s profile.
The e-Prescription (A) will become null and void (invalid) if the medical check up by the Medical Team of Vaccine panda (done at the patient house prior to / before Vaccination Procedure) finds one or more of the following :
a.Patient is not physically present on site (fraud/ dummy booking, in
which case the order stands cancelled & account will be blocked and deactivated permanently);The money is refunded as per the Company’s ‘Return and Refund Policy’.
b.Patient is declared/found unfit for vaccination for any medical reasons( fever,immunocompromised ,on certain medications, certain allergies, previous Adverse Event to Vaccines);
In such a case, the e -Prescription (A) made will become invalid and The current Order stands cancelled and the patient needs to order again. The money is refunded as per the Company’s ‘Return and Refund Policy’.
The order verifications are done by our Medical Board consisting of Senior Experienced Doctors/ Pediatricians and then approved before being executed by our Doctor/Para medical Team.
Type B Prescription is also a digital prescription that is generated ‘After’ the complete Medical Check up and the vaccination of the patient by the Medical Team in the patient house. Prescription B is a ‘legal prescription’ as it's issued in accordance with the guidelines of the MCI (Medical Council of India / NMC) . Prescription B has the Digital Seal / e -Stamp and digital Signature of the Doctor doing/ e-supervising the Vaccination( if done by the trained para medical staff) and is uploaded on the Portal, in the patient’s profile in a downloadable PDF format. Prescription B is linked to Prescription A but are mutually exclusive to each other. Prescription B has additional patient details like Anthropometry,Vitals & Examination Findings.
Prescription C is the Optional digital e-prescription released after the Video Consultation of the patient with the Doctor, in the Downloadable PDF format, uploaded on our portal in the patient’s profile. Despite No ‘in person’ physical check up being done by the Doctor, the prescription C stands legal as per the revised MCI / NMC guidelines but it is always advised to take an ‘in person’ consultation with a Doctor. This Consultation can in no way replace the Normal ‘in person’ Consultation taken by the patient from his Doctor in clinic.
The patient can also opt to take only a Pre paid Video Consultation through our Portal. The Prescription generated will be uploaded to his profile. It is not related to Prescriptions A,B or C.
the Indian Contract Act, 1872 (“Contract Act”);
the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
Pharmacy Act, 1948 (“Pharmacy Act”) and
the Consumer Protection Act, 1986.
Revised NMC guidelines for Tele/video/e consultation, approved by the G.O.I.
For the purposes of availing the Services and transactions through the Website, You are required to obtain registration, in accordance with the procedure established by vaccinepanda in this regard. As part of the registration process, vaccinepanda may collect the following personal information from You:
Address (including State and ZIP/ postal code);
Date of Birth;
Father’s Name (in case of Minors)
Mother’s Name (in case of Minors)
Medical Profile ( drug history, disease history,allergy history, adverse event to a vaccine history, significant past history,family history,
vaccination history, past prescriptions and Medical Records);
Access to the GPS coordinates of the user;
Access to the Social Media Account of the user in case he chooses to communicate with us via FB,Whatsapp,Messenger etc.
Password chosen by the User;
Valid financial account information; and
Other details as You may volunteer.
A Registered id can only be utilized by the person whose details have been provided and vaccinepanda does not permit multiple persons to share a single login/ Registration id, but the Registered user can make accounts of / for(on behalf) his family members ( kids, parents, spouse or for self ) , on their behalf. However, a Registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify vaccinepanda if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
The Website uses Temporary Cookies to store certain data (that is not sensitive personal data or information) that is used by vaccinepanda for the technical administration of the Website, research and development, and for User administration. In the course of serving Advertisements or optimizing services to You, vaccinepanda may allow authorized third parties to place or recognize a unique cookie on the Your browser. vaccinepanda does not store personally identifiable information in the cookies.
Use of Services and the Website:
Online Portal / Platform for Vaccines sale cum Onsite(Home) vaccination at patient’s Home after Medical Check up by Doctors / Para medical staff.It also offers in-home physical check up and/or video consultation services. In near future, it may provide other verticals like medicine selling, lab tests,baby food and baby care products etc.
Platform to facilitate transaction of business:
3.2.1. Through the Website, vaccinepanda facilitates the purchase of Home Vaccination Services. Vaccines are procured by us from various vendors. You understand and agree that we provide hosting services to You and the persons browsing / visiting the Website. All the Vaccine related content is made available to us by the Vaccine Companies. Vaccinepanda has no control over such content and is not involved in the origin, transmission, or selecting the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the vaccines made available through vendors shall be the sole responsibility of the vendors and the vaccine companies, as all the Vaccines are purchased by Vaccine Panda/GCPL OPC Pvt. Ltd. as a facilitator (on behalf of the verified and paid vaccine order made by the patient as per the Doctor’s prescription & Vaccination Card) are purchased from the Registered Vaccine Distributors (Third Party Pharmacies)with proper bill with GST, and the Doctor's State Medical License (The Director or any other Doctor in Professional contract with / hired by Vaccine Panda as an independent Consultant ). The vaccines being facilitated through the Website are authentic to the best of our knowledge.
3.2.2.You understand and agree that for all commercial / contractual / billing terms, with respect to the sale/ purchase and consumption of the vaccine services is offered by and agreed to between ‘You’ and ‘Vaccine Panda’. The contract for purchase of any of the vaccines cum administration services shall strictly be a Bipartite contract between ‘You’ and ‘Vaccine Panda’. We offer our logistics,administrative, customer care call centre and professional services support for the same . The billing and GSTinvoice are generated between the patient / customer and the Vaccine Panda only. No GST is charged on the Services offered by the company such as medical services (doctors,nurses) as they are exempt from GST. As per the GST guidelines, the Transportation charges if applicable will be charged at the same rate as the GST applicable on the vaccines in the customer invoice.
3.2.3. The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to vaccines offered for sale by the vendors and Services offered by Vaccine Panda. We provide medical advice / Hotline for only upto forty eight hours after vaccination. Vaccination Delivery and administration Services are provided by us.
3.3. Representation as to legal title
3.3.1. Vaccinepanda does not make any representation or warranty as to the legal title of the vaccines offered for sale by the Vaccine Companies on the Website via their distributors. At no time shall any right, title, claim or interest in the vaccines be sold through or displayed on the Website vest with vaccinepanda. You agree and acknowledge that the ‘ownership’ of the inventory of such Pharmaceutical Goods(vaccines) shall always vest with the Vaccine Companies, who are advertising or offering them for sale on the Website and are the ultimate sellers.
3.3.2. You agree and acknowledge that the ‘Vaccine Companies’ shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Companies do not have the sole and exclusive legal ownership over the vaccines that have been offered for sale on the Website , or did not have the absolute right, title and authority to deal in and offer for sale such vaccines on the Website.
3.4. Non-Performance of Contract
3.4.1. We are solely responsible for ensuring that for the Vaccine Services offered for sale on the Website, the vaccines are kept in stock for successful fulfillment of orders received. Consequently, Vaccinepanda is not responsible if it does not have the ordered vaccines in stock or its vendors do not satisfy the contract for sale of vaccines which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You.We will provide an alternative vaccine brand to the customer in such a case.
3.4.4. Vaccinepanda shall not and is not required to mediate or resolve any dispute or disagreement between You and its vendors/ vaccine companies. In particular, Vaccinepanda does not implicitly or explicitly support or endorse the sale or purchase of any particular vaccine brand on the Website as we provide vaccine services only.
3.5. Exhibition of vaccines and publication of Third Party Pharma
Company content on the Website
3.5.1. You agree and acknowledge that the respective Third Party Pharma companies are exhibiting Their Content which includes catalogue of vaccines , and information in relation to such vaccines on the Website.
3.5.2. The Third Party Pharma Company Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug/vaccine being offered for sale by the Third Party Pharma Companies on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
3.5.3. You acknowledge and agree that such Third Party Pharma Companies shall be solely responsible for ensuring that such Content made available regarding the vaccines offered for sale on the Website, are not misleading and describe the actual condition of the vaccines. In this connection, it is solely the responsibility of the concerned Third Party Pharma Company to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such vaccines so as to mislead the Users in any manner. You acknowledge and understand that vaccinepanda provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that vaccinepanda has not played any role in the ascertainment of the actual impact/ effect of any vaccines being offered for sale by them on the Website. Further, it is hereby clarified that the Third Party Pharma Companies are offering the vaccines for sale and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold vaccinepanda responsible or liable for any damages arising out of such reliance on third party user generated content .
3.6. Prescription vaccines
3.6.1. The Website is a platform that can be used by the Users to purchase home vaccination services.It requires a ‘valid medical prescription’ issued by a medical expert/ doctor on contract with the Vaccine panda. Vaccines for the services are supplied/dispensed by a registered and contractual Third Party pharmacist. In order for us to purchase Prescription vaccines from Third Party Pharmacies , You are required to upload a scanned copy of the ‘valid prescription’ and the current ‘vaccination card’ on the Website or email the same to vaccinepanda. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by vaccinepanda until it receives a copy of a valid prescription. Third Party Pharmacies and the medical team of vaccine panda will verify the prescription forwarded by You and in case of any discrepancy in the prescription uploaded by You, we will cancel the order immediately. You are also required to make the vaccination card and Doctor’s prescription available to the vaccine team.
3.6.2. vaccinepanda shall maintain a record of all the
prescriptions uploaded by the Users.
3.7 Substitution of Prescribed vaccines
3.7.1.You acknowledge and accept that the order for a substitute of a Prescription vaccine would only be processed if the medical expert/ doctor has himself/ herself permitted any other equivalent vaccine to be dispensed in place of the Prescription vaccine in the prescription or if the prescription solely lists the salt names instead of a specific brand name.In case a substitute vaccine is recommended to the patient due to “out of stock” or “limited availability” or “short expiry issues” , Vaccine panda will send a mail to You and contact telephonically/sms about the same and take ‘consent’ from You before confirming the order and dispensing the vaccine.
3.7.2.You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute vaccine in place of the Prescription vaccine.
3.8 Invitation to offer for sale
3.9 Transfer of Property and Completion of Sale
3.9.1.Upon acceptance of the Offer by us & the concerned Third Party Pharmacy (being the brick and mortar pharmacy), the vaccines would be supplied and administered to you by Vaccine Panda as an ‘aggregator/ facilitator cum service provider’, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Pharmacy, wherever required under the applicable law(s).
3.9.2.You agree and acknowledge that the property and title in the Pharmaceutical Drugs(vaccines) ordered by You shall stand immediately transferred to You upon the dispensation of vaccines and the raising of the invoice between You and the Vaccine panda(for vaccine and service), which in turn has purchased it via third party distributors on a GST invoice bill . Accordingly, the sale of vaccines is ultimately concluded at vaccine panda
3.9.3.The ‘invoice’ in relation to the Pharmaceutical Drugs(vaccines) and Services, that are required to be delivered to You shall be issued by GCPL OPC Pvt Ltd , on behalf of Vaccine panda.Concerned Third Party Pharmacy (being the brick and mortar pharmacy) is to process and satisfy the order for such vaccines to vaccine panda.
3.10. Delivery of Vaccine Services
The vaccines ( provided to the vaccine panda by the Distributor / third party pharmacy maintaining a strict cold chain) are packed in ‘Vaccine Envelopes’, which are kept and carried in the ‘Vaccine Carriers’.
Contents of the Vaccine Envelope : Each ‘Vaccine Envelope’ contains the specific vaccine ordered by the customer, upon which a tamper proof ‘3D hologram’ sticker is pasted. Each Vaccine Envelope has an ‘Invoice’ in the ‘POD’ Envelope. The envelope has a tamper proof seal that allow only a single use.It also has the consumables which are to be used for that specific vaccination.The Consumables are : Sterile Cotton/ swab, Needles, Syringes, Bandaid,Customer Satisfaction stickers,Sterile Tissue paper rolls. The Vaccine Envelope is placed in the Temperature controlled ( 2-8 Degree Celsius ) cold ‘Vaccine Carrier’ (Portable Fridge) which has a power back up via the battery of the driver’s bike. The fridge has a digital display of the temperature which is maintained inside.An Auto Temperature & Humidity Data Logger with buzzer alarm is kept inside the vaccine carrier to track and document the temperature during the entire day’s journey.
Packaging and handling method- vaccine panda ‘Medical team’ supervises and coordinates with the our ‘Packaging team’ while preparing each order specific/unique/customised ‘vaccine envelope’ for the patient.
Each ‘Vaccine Carrier’ is uniquely curated ‘one day before’ by the vaccine panda team as per the next day's booking / delivery / orders and has all the Vaccine Envelopes for the next day.
‘Vaccine Envelope’ will be handled by the vaccine panda medical team only and administered to the patient by its trained Doctors / Pediatricians/ paramedical team . Vaccine panda has no additional obligation apart from standard duty of care.
Advertising Guidelines for the Website –
As part of the Services provided by us; We facilitate and allow Vaccine companies to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which they will have to follow for placing such advertisements (the “Advertising Policy”).
4.2. For the Third Party Vaccine Company: The Vaccine company must be honest about the products their advertisements promote; the advertisement shall not create unrealistic expectations and must not be misleading or offending; Must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website. No company is allowed to directly advertise any particular vaccine brand but is allowed to promote awareness about the disease against which the vaccine protects .
4.2.2.Review: All the advertisements are subject to the ‘Review and approval’ of vaccine panda ‘Advertisement Committee’. Vaccinepanda reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, vaccine panda also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
4.2.3.Prohibited Content: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
220.127.116.11.Content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
18.104.22.168.Content depicting nudity, sexual behaviour, or obscene gestures;
22.214.171.124.Content depicting drug use;
126.96.36.199.Content depicting excessive violence, including the harming of animals;
188.8.131.52.Shocking, sensational, or disrespectful content;
184.108.40.206.Deceptive, false or misleading content, including deceptive claims, offers, or business practices;
220.127.116.11.Content that directs users to phishing links, malware, or similarly harmful codes or sites; and
18.104.22.168.Content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information.
4.2.4. Prohibited Advertisements: Advertisements for the following products and services are prohibited:
22.214.171.124.Adult products and services (other than contraceptives; see below);
126.96.36.199.Cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
188.8.131.52.Products or services that bypass copyright protection, such as software or cable signal descramblers;
184.108.40.206.Products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
220.127.116.11.Get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
18.104.22.168.Illegal or recreational drugs or drug paraphernalia;
22.214.171.124.Counterfeit, fake or bootleg products, or replicas or imitations of designer products;
126.96.36.199.Firearms, weapons, ammunition, or accessories;
188.8.131.52.Advertisements that promote particular securities or that provide or allege to provide insider tips;
184.108.40.206.Any illegal conduct, product, or enterprise;
220.127.116.11.Unapproved pharmaceuticals and supplements;
18.104.22.168.Products that have been subject to any government or regulatory action or warning;
22.214.171.124.Products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
126.96.36.199. Material that directly advertises products to or is intended to attract children under the age of 13.
4.2.5. Prohibited Advertisements under the Drugs and Magic Act:
188.8.131.52.Subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for any magic cure.
184.108.40.206.The procurement of miscarriage in women or prevention of conception in women; or
220.127.116.11.The maintenance or improvement of the capacity of human beings for sexual pleasure; or
18.104.22.168.The correction of menstrual disorder in women; or
22.214.171.124.The diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatever name called) which may be specified in the rules made under the Drugs and Magic Act; or
126.96.36.199.Provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or prohibition of misleading advertisements relating to drugs;
188.8.131.52 Subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
184.108.40.206.Directly or indirectly gives a false impression regarding the true character of the drug; or
220.127.116.11.Makes a false claim for the drug; or
18.104.22.168.Is otherwise false or misleading in any material particular.
22.214.171.124.It is hereby clarified that that the third party Vaccine companies will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the vaccine companies shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.
4.2.6. Restricted Advertisements: Advertisements in the following
categories are restricted and require approval on a case-by-case basis:
126.96.36.199.Advertisements that promote or reference alcohol;
188.8.131.52.Advertisements for online dating services;
184.108.40.206.Advertisements for gambling and games of skill;
220.127.116.11.Advertisements for lotteries;
18.104.22.168.Advertisements for financial services;
22.214.171.124.Advertisements for contraceptives;
126.96.36.199.Advertisements for online pharmacies or pharmaceuticals; and
4.3. Testimonials & Endorsements:
4.3.1.Any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid;
4.3.2.Vaccine panda recognizes and maintains a distinct separation between ‘advertising and sponsored content’ and ‘editorial content’. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and
4.3.3.A click on an advertisement may only link the User to the website of the Third Party Vaccine Company(s)/ advertiser.
Editorial Policy for the Website –
As part of the Services, vaccine panda provides ‘vaccine panda Content’ on the Website targeted at the general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Vaccine panda Content is subject to the following rules/ information:
5.1.Vaccine panda Content is original and is relevant to the general public;
5.2.Topics for vaccine panda Content are selected by Our board of qualified experts consisting of certified medical experts, pharmacist and medical professionals;
5.3.Topics for vaccine panda Content are chosen on the basis of current health news, drug alerts, new drug launches, latest medical findings published in peer-reviewed medical journals, such as ‘The Journal of the American Medical Association’, ‘The New England Journal of Medicine’, ‘The Lancet’, ‘Pediatrics’, ‘Indian Academy of Pediatrics’, and many others;
5.4.Editorial board (as mentioned below) takes into account the latest trending health and wellness topics like Covid 19 vaccines and other updates,dengue, swine flu, seasonal allergies, new vaccines, public awareness programs like for Cervical Cancer , emerging health and nutrition trends with health benefits. Vaccine panda maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;
5.5.The member of vaccine panda has to fully disclose any potential conflict of interest with any of the Third Party Pharma Companies;
5.6.Vaccine panda’’s editorial staff holds the responsibility of providing objective, accurate, and balanced accounts of events and issues; and
5.7.Vaccine panda’s editorial board constitutes of: (i) Dr Gagan Malhotra (on paid Legal Professional Service contract with Vaccine Panda) ;(ii) Mr. Tavleen Singh Jolly (Lead content creator)
Terms for use of the Online Doctor Consultancy Services:
NO DOCTOR-PATIENT RELATIONSHIP: Vaccine panda does not replace Your relationship with physician or healthcare provider. The information interpreted SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from Your physician or other qualified healthcare provider.
You acknowledge that the Medical Experts empaneled with Us are independent contractors and thereby vaccine panda has an independent contractor relationship with such Medical Experts and therefore in no event vaccine panda will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts may provide to You or You may avail as part of the Services.
You acknowledge that the e-prescription ‘A’ which may be issued by our Medical Expert(s) is ‘ a valid prescription’ under applicable law(s) of India and may be used for dispensation of Vaccines by the Third Party Pharmacist(s) empanelled and in contract with Vaccine Panda, where Vaccine Panda is the facilitator/ aggregator for supplying and administering the home vaccination services to the patient . You further agree and acknowledge that if You request Us to process the e-prescription or any form of prescription (whether original or scanned copy of the original prescription) for procuring vaccine services, then we dispense the vaccine maintaining a strict cold chain till your house via our medical team only, not to you directly and you are administered the vaccine after our medical team has performed a medical check up on you. A valid medical prescription, labelled prescription ‘Type B’ is released after the vaccination process and is uploaded in the patient’s profile. Thus, vaccine panda act as an ‘Aggregator/Facilitator’ between you and the third party pharmacy (distributors/vendors), from whom we are purchasing the vaccines ordered by you. Thus the final responsibility / liability to dispense the vaccines lies solely and ultimately with the third party vendors.
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Only a Tele Consultation/ Video Consultation taken by the patient is legally valid as per the revised guidelines of the G.O.I . Everything else on the Website should be used for information purposes only.
Vaccine panda is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information/ consultation. On vaccine panda You can ask and find informational questions and related educational answers by Medical Experts. The Website can be a resource for reliable, relevant general health information & place for the practice of Tele-medicine.
If Your real life doctor is also empanelled with vaccine panda via an independent Professional contract, he can give a legal personal medical advice, treatment or diagnosis through the Website via e/tele consultation, and by using the Website You can solicit these or use any information as if it were personal advice, treatment, or diagnosis ( as per revised Tele Medicine Practice guidelines issued by M.C.I./N.M.C./ G.O.I.) . You may also contact Your physician or professional healthcare provider and see them in person for the same.
We do not recommend or endorse any specific Medical Expert(s), tests,Vaccine Brands, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or our customer care helpline.
The Services can not be used in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website.
You take full responsibility for ensuring that the information submitted by you is accurate and the vaccine panda shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.
The opinions, statements, answers (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of vaccine panda, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional may be affiliated.
The inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying/validating the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and vaccine panda disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
Vaccine panda (the owners and the employee staff of vaccine panda), Medical Experts and third-party professionals who offer the Services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.
Vaccine panda makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by vaccine panda employees. Vaccine panda is not responsible for transmission errors, corruption of data.
Vaccine panda is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
Your right to use the Services is not transferable.
Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with the Medical Experts contacted or managed through the Website and vaccine panda shall have no liability or responsibility in this regard. vaccine panda does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such a client, patient, User, Medical Experts or any third party through the Website. The Services should not be used for emergency appointment purposes.
The exchanges between the Medical Experts and the patient through the chat window/whatsapp/e mail and the e-prescription would be accessible to vaccine panda for the purposes of monitoring the quality of the consultation.
The Services should not be treated as a replacement / substitute for obtaining a physical in person consultation with a Doctor for diseases.
Risks of using Vaccine Panda’s Services
7.1.While the Website is an honest attempt to provide access to the best possible medical information to the Users, the Medical Experts will not be examining You physically & will not have the benefit of information that would be obtained by examining You in person or observing Your physical condition and by going through Your medical records ( Applicable to video/ whatsapp/Telephonic teleconsultation only, Not Applicable to the in person onsite home physical consultation by the Doctor ). The Medical Experts may not have access to all or some of Your medical history/ records that might be critical to consult You.This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts may not be aware of facts or information that would affect his or her opinion of Your diagnosis. To reduce the risk of this limitation, vaccine panda strongly encourage You to be in touch with an on-ground physician and share the vaccine panda’s opinion with him/her.
7.2.By requesting a medical opinion through the Website, You acknowledge and agree that:
7.2.1.The advice/information/opinion on diagnosis You may receive could be limited and provisional;
7.2.2.The medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship;
7.2.3.In case of a second opinion where there is a difference of opinion among Our Medical Experts and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
7.2.4.The Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void. The Medical expert is dependent completely on the information provided by the legitimate informant of the child( Mother/Father/Guardian) in case of a pediatric patient.
7.2.5.In some cases, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
7.2.6.In rare cases, the Medical Experts may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
7.2.7.In very rare instances, security protocols could fail,causing a breach of privacy of personal medical information; and
Your Profile, Collection, Use, Storage and Transfer of Personal Information:
Your vaccine panda profile is created to store records of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.
Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your vaccine panda record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. Vaccine panda reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for vaccine panda’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
8.2.1.The type of information collected from Users, including sensitive personal data or information;
8.2.2.The purpose, means and modes of usage of such information; and
8.2.3.How and to whom the vaccine panda will disclose such information.
8.2.5.The fact that the information is being collected;
8.2.6.The purpose for which the information is being collected;
8.2.7.The intended recipients of the information;
8.2.8.The name and address of the agency that is collecting the information and the agency that will retain the information; and
8.2.9.The various rights available to such Users in respect of such information.
Vaccine panda shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to vaccine panda or any other person acting on behalf of vaccine panda.
The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify the vaccine panda of any actual or suspected unauthorized use of the Users’ account or password.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or vaccine panda has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, vaccine panda shall have the right to suspend or terminate such account at its sole discretion.
Payment, Fees and Taxes:
Registration on the Website and the access to the information provided on the Website is free. Vaccine panda does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to GCPL OPC Pvt Ltd , on behalf of vaccine panda, online via credit/debit card/net banking/e wallet via our registered payment gateway ‘Pay u Money’, after choosing and placing the order of the vaccine services and verification of the prescription/vaccination card uploaded by you. Vaccine panda currently does not offer any other module of payment collection like Cash on Delivery/on site e pos card swipe(may get added later in near future). You agree and acknowledge that You shall not hold the vaccine panda responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third Party Pharmacies for any actions/ omissions which are beyond the control of vaccine panda. The ‘Return and Refund policy’ of vaccine panda has been clearly listed in a separate document.
Each User / Third Party Pharma Company is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Vaccinepanda is in no way responsible for any of the taxes except for its own income tax and GST.
The subscription fees for the Services, if any charged by vaccine panda, could be paid online through the facility made on the Website. All fees are exclusive of applicable taxes.
Vaccine panda reserve the right to modify the fee structure by providing such information on the Website which shall be considered as valid and agreed communication.
Return, Refund, Cancellation and Shipping charges:
Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
8.5.1. Belongs to another person and to which the such Covenanter does not have any right;
8.5.2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
8.5.3. Infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
8.5.4. Violates any law for the time being in force;
8.5.5. Impersonates another person;
8.5.6. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
8.5.7. Is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under; and threatens the unity, integrity, defense, 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.
You are also prohibited from:
Violating or attempting to violate the integrity or security of the Website or any vaccine panda Content;
8.6.1.Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by vaccine panda;
8.6.2.Intentionally submitting on the Website any incomplete, false or inaccurate information;
8.6.3.Making any unsolicited communications to other Covenanters;
8.6.4.Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
8.6.5.Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
8.6.6.Copying or duplicating in any manner any of the vaccine panda Content or other information available from the Website; and
8.6.7.Framing or hotlinking or deep linking any vaccine panda Content.
The Other Parties shall not hold the vaccine panda responsible or liable in any way for any disclosures by vaccine panda under Regulation 6 of the SPI Rules.
The Services provided by vaccine panda or any of its licensors or providers or Third Party vendors are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Vaccine panda does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Vaccine panda does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the vaccine panda Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
The Website may be linked to the website of third parties, affiliates and business partners. Vaccine panda has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that vaccine panda endorses the linked website. Other Parties may use the links and these services at their own risk.
Vaccine panda shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; vaccine panda shall not be responsible for any error in any of the services being provided by the Third Party Vendors.
Users accept and acknowledge that vaccine panda does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the vaccines made available on its Website by Third Party vendors, 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; (iv) do not cause any infringement; and (v) that the Third Party vendors / vaccine companies have legal title over the vaccines being offered for sale by them on the Website.
The ‘Other Parties’ further accept and acknowledge that vaccine panda does not verify any content or information provided/ obtained from the Users or from the Third Party pharma companies and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the vaccine panda Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by vaccine panda or any Third Party in relation to any Services provided by the vaccine panda.
Vaccine panda assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
To the maximum extent permitted by applicable law(s), vaccine panda, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, Doctors,Para medical staff, Drivers,officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products byThird Party Vendor to any User; or (ii) any comments or feedback given by any of the Users in relation to the Vaccines provided by any Third Party Vendors; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Pharma Companies or other person on or through the Website.
Vaccine panda disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of wrong dispensation of the vaccines will be of the concerned Third Party Pharmacies as the case may be.
The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. Vaccine panda reserves the right to retain such information for the purpose of providing Services to the Users.
With respect to the Consultation Services, vaccine panda will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the ‘Protected Entities’ shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of an online medical consultancy.
The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
In no event shall the ‘Protected Entities’ be liable for failure on the part of the Users or Third Party vendors to provide agreed vaccines or the user to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the vaccines provided by a Third Party Pharma Companies/ their authorised vendors.