Terms & Conditions

Effective from 18/01/2022
BY CONTINUING TO ACCESS AND USE THIS WEBSITE/MOBILE APPLICATION, YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS OF USE STATED BELOW. IF YOU REFUSE TO COMPLY WITH THE TERMS AND CONDITIONS, YOU MUST EXIT THIS WEBSITE/MOBILE APPLICATION.

About us

IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) website and the mobile application is owned and provided by IVA MEDCOM PRIVATE LIMITED (hereinafter “Liboc Davamart”), a company integrated under the Companies Act, 2013. If you require any information or have a grievance regarding this website/mobile application or any of our services, please connect to us by writing to us at support@libocdavamart.com or calling on +919614819819.

Professional Standards

IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) services are provided either from its own certified premises or from the certified premises of its associates/network pharmacies, which are undertaken under the stringent regulation of the qualified and registered pharmacists. All pharmacists are obligated by policies of professional ethics and conduct.

Privacy

Your privacy and that of any other individual whose details you render to us are significant to us. Please check our privacy policy for details of what information we collect and how we will utilize and safeguard it.

Registration

By registering and employing the services, you confirm that you are eighteen years or above, and you are not disqualified by any law to contract, and you confirm to have read and complied the terms and conditions mentioned herein. Visitors to this website/mobile application ought to register to avail its facilities/ services. We are not under any compulsion to accept a request for registration, and sustain the right to adjourn or terminate access at any point of time if your constant use is deemed to prejudice us or other users.

By registering to use this website /mobile application, you agree that the details you share through the registration process is precise and complete. You confirm to update your registration details punctually if there are any amendments. All registration particulars you render will be kept protected and processed in correspondence with our privacy policy.

Username and password

During the registration procedure, you may be allotted, or asked to choose, your username and password, which will be unique to you. You are liable for preserving the confidentiality of your username and password and for ascertaining that they are not utilized by any other person.

Ownership of materials and license terms

This website or mobile application, the materials and software on it, or rendered to you through it are safeguarded by copyright, trademark and other intellectual property rights and laws throughout the world and are preserved by or are licensed to IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) and/or third parties.

You are allowed to exhibit the materials on this mobile application on a computer screen/mobile screen and, save for limited access documents, to download and print a hard copy for your personal use or for procuring products or services from us as long as you do not modify or delete any of the content or any part of the website/mobile application without our explicit consent to do so and that you do not amend or remove any copyright, trademark or other proprietary notices.

You agree not to: copy, replicate, store (in any medium or format), distribute, transfer, alter, create derivative works from all or any part of this website/mobile application or the materials or software on it, or provided to you through it without our prior written consent (which may be provided or suspended in our absolute will) utilize this website/mobile application or any of the materials or software on it, or availed to you through it, for any illicit objective or in infringement of applicable law commercial violation without our advance written permission any purpose or in any way that might give a deceptive or misleading impression of us, our staff or our services use, upload or convey any information that is libelous, offensive, indecent or otherwise illegal, or which may trigger crime or distress, or which may impact or violate the rights of any other individual any device, software, file or mechanism which may intervene with the proper operation of this website or our systems establish a link to this mobile application from any other website, intranet or extranet site without our advance written consent disperse, take down or reverse engineer (or endeavour to do any of them) any of the software or other materials available on or via this website/mobile application do anything that may intercede with or disorder this website/mobile application or our service endorse or allow others to do any of the above In the event that you do not agree with the above limitations, any person influenced by your actions may report a claim against you and/or IVA MEDCOM PRIVATE LIMITED (Liboc Davamart). We will indict you for any losses and costs (involving legal charges) we may grieve as an outcome of your actions.

Suitability of materials

We do not provide any assurance that the materials delivered or accessible to you on or via this website/mobile application are most-fitting for your needs or that they will be safe, error or virus free, and we will have no accountability concerning those commodities.

Mobile application availability.

This mobile application is accessible free of charge, and we make no promises that it will be uninterrupted or error-free. We own the right to amend, defer or withdraw the whole or any section of the website/mobile application or any of its content at any instant with no notice and without incurring any responsibility.

Links from this website/mobile application. We may, from time to time, render links from this mobile application to other websites that are possessed and regulated by third parties. These links are offered only for your convenience, and we have no control over and will have no accountability regarding those websites.

Surveys, Contests & Referrals

From time-to-time, our site beseechs information from users through surveys or contests. Participation in these surveys, contests or referrals programs is totally voluntary and the user; thus, you are free to choose whether to reveal any information sought. Information entreated may comprise contact details (such as name and delivery address), and demographic details (such as postcode, age level).

Contact details will be employed to notify the winners and award prizes. Survey information will be utilized for purposes of scrutinizing or enhancing the functionality of the site. The terms and conditions for each survey and contest may vary or else altered and cancelled at the absolute discretion of Liboc Davamart.

Monitoring

We may supervise activity and content on this website/mobile application and may adopt any action we deem appropriate in case we suspect you infringe any of these Terms and Conditions including suspending, ascribing conditions to or dismissing your access and/or reporting the authorities or pertinent regulators of your activities.

Security

We use safety technology as elaborated in our privacy policy though, Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you send to us from this website may be tapped and possibly capture by others. We will have no accountability regarding any transmissions you direct to us, and you do so completely at your own risk.

Accuracy of Information

We make certain that all details accessible on our website/mobile application about our business, services and any products stated is accurate. However, these are recurrently developing and, infrequently, the information may be outdated. Medical, commercial and legal practice change occasionally and the content on this website/mobile application, in any newsletters and in other items posing guidance have been arranged for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For precise up-to-date information, you should contact us and/or your doctor directly.

Disclaimer

IVA MEDCOM PRIVATE LIMITED (LIBOC DAVAMART) DOES NOT WARRANT OR REPRESENT THAT THE MATERIAL ON THIS WEBSITE/MOBILE APPLICATION IS PRECISE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL BE FREE OF DEFECTS OR VIRUSES. NOTHING COVERED IN THE PAGES OF THIS WEBSITE/MOBILE APPLICATION SHOULD BE INTERPRETED AS MEDICAL, COMMERCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. THOROUGH PROFESSIONAL ADVICE SHOULD BE ATTAINED BEFORE TAKING OR ABSTAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL ENCOMPASSED IN THIS WEBSITE/MOBILE APPLICATION OR ANY COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION.

Liability

WE WILL NOT BE ACCOUNTABLE FOR ANY LOSS OR MUTILATION (IN CONTRACT, NEGLIGENCE OR OTHERWISE) WHERE: THERE IS NO INFRINGEMENT OF A LEGAL DUTY OF CARE OWED TO YOU BY US; THE LOSS OR DAMAGE IS NOT A PRACTICALLY CONCEIVABLE OUTCOME OF ANY SUCH VIOLATION; OR ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM INFRINGEMENT OF THESE TERMS AND CONDITIONS BY YOU.THE MAXIMUM LIABILITY OF IVA MEDCOM PRIVATE LIMITED (LIBOC DAVAMART) SHALL BE LIMITED TO THE COST OF THE PRODUCTS PURCHASED OR SERVICES AVAILED BY THE CUSTOMER, IVA MEDCOM PRIVATE LIMITED (LIBOC DAVAMART) OR IT’S DIRECTORS SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, RESULTANT OR OTHER DAMAGES CAUSED TO THE USER.

Third-party rights

Nothing in these Terms and Conditions is anticipated to nor shall it confer a benefit on any third party under the Contracts, and a person who is not a party to these Terms and Conditions is not entitled to implement them.

Waiver

No delay or decision not to enforce rights under these terms and conditions will establish a waiver of the right to do so, and will not influence rights concerning any subsequent violation. We reserve the right to amend these terms and conditions at any instant.

THE LATEST VERSION WILL BE POSTED ON THIS WEBSITE/MOBILE APPLICATION AND WILL TAKE EFFECT PROMPTLY UPON POSTING, IF YOU USE THE WEBSITE/MOBILE APPLICATION AFTER THE NEW TERMS AND CONDITIONS HAVE REALISED, YOU WILL BE SIGNIFYING YOUR AGREEMENT TO BE BOUND BY THE NEW TERMS AND CONDITIONS.

PRESCRIPTION ORDER
THE FOLLOWING TERMS ARE APPLICABLE TO YOUR USE OF THE IVA MEDCOM PRIVATE LIMITED (LIBOC DAVAMART) PRESCRIPTION ORDERING SERVICE. THESE ARE ADDITIONAL TO AND SUPPLEMENT OUR GENERAL WEBSITE/MOBILE APPLICATION TERMS AND CONDITIONS, WHICH ALSO APPLY. IF YOU HAVE ANY QUERIES REGARDING THE SERVICE, PLEASE CONTACT US.

Prescriptions for persons other than yourself

If the prescription is of a person other than yourself, you will be required to have the authority of the person whose prescription it is to have it dispatched by us. By placing an order to dispatch another person’s prescription you agree that you have their leave to do so.

Age Restrictions: We strictly accept Prescription Orders from customers who are 18 years old or over, although they may place order prescriptions for individuals younger than 18 years. By placing an order, you approve that you are at least 18 and lawfully eligible to contract.

Residency: We accept Orders from and send off orders to addresses in certain locations in India.

Binding agreement

No Order placed by you will be compelling us until we have confirmed the order to you by phone, email or in writing. We own the right to reject any order. All orders are distributed subject to receipt of valid prescription and availability.

Verification of prescription

When we obtain an original and valid prescription from you, our pharmacist will verify it against the information shared with us at the time of placing the order. In the event that the details do not match with your original order as per the prescription, we may try connecting with you using the information in your registration. If we are unable to contact you and we cannot dispense the item(s) on your Prescription Order we have the right to return your prescription to you.

Non-Receipt of Prescription

If you place a Prescription Order and we do not receive the pertinent original prescription, we will not have accountability to you and it will be on you to contact us within 7 days concerning your prescription order.

Validation Of Prescription

Authentication of prescription services via our partner Registered Medical Practitioner shall be made accessible to the User only upon request of the User and in the following scenarios: The existing prescription has expired, and the User can not get an appointment with his Registered Medical Practitioner; or The prescription is illegible, and the prescribing Registered Medical Practitioner is unavailable to authenticate the prescription; or The prescription is not as per the rubrics defined by the Medical Council of India, including, missing Doctor details, patient details etc; or If the prescription contains schedule X drugs / unusual quantities.

The User comprehends and agrees that the validation of prescription services provided here are only on demand and are meant for general purposes only and should not be utilized in case of medical emergencies and serious illness issues where physical consultation is suggested and at no point these services are intended to substitute the physical consultation. The User also acquiesces and understands that for rendering the validation of prescription service IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) will have to disclose the prescription with its partner Registered Medical Practitioner and by seeking the services the User confirms its consent to share his/her prescription with IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) ‘s partner Registered Medical Practitioner. Upon the request of the User, the prescription of the User shall be shared with IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) ‘s partner Registered Medical Practitioner and post-consultation or review of the prescription, if the Registered Medical Practitioner deems fit, he/she may authorize the prescription sent to him/her of the User. However, at all instants, the Registered Medical Practitioner has the discretion to deny consultation or authentication of the prescription if the Registered Medical Practitioner is of the opinion that a physical consultation is needed before a prescription is validated. User confirms that the Registered Medical Practitioner will use the technology of IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) for providing the above services and they share the information with IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) of its allied partners for delivering the services.

Disclaimer

The User understands and accepts IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) is rendering a technology service as an intermediary and that all the services are provided to the User directly by the Registered Medical Practitioner concerning any health matters, consultation, validation, unpleasing services, etc. accessed by the User under the above-mentioned clause services are between the User and the Registered Medical Practitioner and that at no point IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) shall be held accountable for the same. Further, notwithstanding anything contained herein, IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) shall not be responsible for any medical inattention, prescription of any wrong medication or treatment on part of the Registered Medical Practitioner; any type of inconvenience suffered by the User owing to a failure on the part of the Registered Medical Practitioner in delivering the agreed services or to make himself/herself accessible at the appointed time, inappropriate treatment, or similar difficulties; any delinquency or inappropriate behaviour by the Registered Medical Practitioner; annulment or rescheduling of booked appointment; any medical contingencies that might occur after utilizing the services of the Registered Medical Practitioner.

Clubbing of offers

Any ongoing offer or promotional scheme cannot be clubbed with the orders placed under the subscription plan. All orders under the subscription plan shall be treated on the basis of standard discount and promotional scheme accessible at the time of processing any order under the subscription plan. IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) shall have the absolute discretion to determine concerning the offers or scheme that shall be applicable to the orders placed under the subscription plans.

Discount on Selected Products

Discounts provided on the website/mobile application are on certain selected products. Discounts may be amended on a product-to-product basis at the sole discretion of IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) & IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) shall not be held answerable for any consequential issues/ inconvenience caused to users.

Non-Availability/Suitability of Products

If any of the items on your prescription are unavailable or are not suitable for dispatching through this service, we will try to connect with you using the information in your registration to acquaint you about the same.

Delivery of prescription drugs

Prescription items can only be dispatched once we receive your original paper prescription or online prescription from IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) registered doctor. All items are provided to the address mentioned by you in your registration or to an alternative address if dictated by you. You acknowledge and accept that items will need to be signed for on delivery and validate any person at your selected delivery address to sign for the items as your legal representative. In the event that the packaging is opened after delivery, we will have no accountability to you for lost or damaged items or for what third parties discover about you as a result.

No Warranties

IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) does not guarantee that: (i) the application will fulfil your requirements; (ii) the application will be accessible on an uninterrupted, timely, secure, or error-free basis; (iii) any results that may be procured from the use of the application or any services availed through the Website will be precise or reliable (iv) IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) disowns all warranties as to the accuracy, completeness or sufficiency of such information. IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) disowns all obligations emerging from manufacturing defects and the claims if any concerning a defect in manufacturing or else shall be made directly on the manufacturer whose details are provided on the product. IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) may at its absolute discretion helps User in rendering any information that may be needed with regarding the claim.

Order, Acceptance & Delivery

Placement of an order either directly (in case of a repeat order or constant drug administration as recommended) shall involve an agreement with us.

All orders are lay open to acceptance and confirmation of delivery date and time. Mere receipt of the prescription or order either directly from you or from the registered medical practitioner does not tantamount to acknowledgment of your order nor guarantee that the drugs will be delivered as per your needs within a particular period.

All orders are susceptible to availability of stocks. IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) reserves the right to share your prescription with its allied pharmacies for fulfilling your prescription, who will hand out the drugs in accordance with the prescription and issue a valid sales receipt.

All orders placed by the customer shall be subject to different laws, including the Drugs and Cosmetics Act (as may be amended from time to time). We do not accept orders for certain drugs and cosmetics unless the same is recommended by the registered medical practitioner licensed by the Medical Council of India.

We do not verify the validity of the orders placed by you, where the prescriptions are received directly from a registered medical practitioner licensed by the Medical Council of India or your family doctor, who has placed the order on your behalf after your authorization.

All drugs and cosmetics will be dispatched through a delivery agent without revealing your personal information or prescriptions in agreement with the applicable laws either directly to the patient or its authorised person.

On delivery, IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) shall be rightful to its complete payment for the same. You accept that the prices displayed on our website or mobile app are estimates of the actual/exact price of the drugs. The actual/exact price of the drug will depend upon its batch number and will be mentioned in the invoice delivered to you along with your order.

If you have made a pre-payment base the price estimate while placing the order, should there be a deficit upon generation of the invoice, you assume to pay the deficit through any of the payment modes made accessible to you by us.

In case the payment made by you, bases the price estimate at the time of placing the order is higher than the price as per the generated invoice, the extra payment will be refunded back to you in your bank account, credit card, debit card or wallet which may have been utilized by you at the time of making the payment.

Notification of errors

You should assess the items dispatched to you cautiously straightaway upon receipt. If you believe there may have been a dispensing error, you should contact us right away and should not take or administer any of the items.

Delivery of fulfilled prescriptions

Prescription medicines will need a doorstep signature. Prescription items can only be dispatched once we have got your original paper prescription or online prescription from IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) registered doctor.

All items are rendered to the address provided by you in your registration or to an alternative address if directed by you.

You confirm and accept that items will require to be signed for on delivery and validate any person at your opted delivery address to sign for the items as your authorized representative.

In the event that the packaging is unsealed after delivery, we will have no accountability to you for lost or mutilated items or for what third parties discover about you as a result.

Delivery and Packaging Costs

All orders will be dispatched free of cost and no delivery charges shall be applied on such orders as long as that the delivery is within IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) serviceable areas.

Cancellation, Return and Refund:

Please Refer: https://libocdavamart.com/liboc-davamarts-payment-returns-and-refund-policy/

Information Technology Act

Certain laws in India forbid and impose limitations on use of the Website and you are suggested to get familiar with those laws and not to post any information or messages that are, or that may be interpreted as being malicious, libelous, inappropriate, defamatory, pornographic or otherwise sexually oriented or that attacks on or otherwise harangues or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether enterprises, firms, or any other institutions). You also agree not to put up any information for which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to acquiesce with these terms may result in the removal of your postings without any advance notice to User. The IP address of all posts is recorded to assist in implementing these conditions.

Other Laws

Certain laws need to maintain data with respect to the services, Goods and other personal information in a suggested format and IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) will utilize all the information to the extent required in agreement with the applicable laws and as may be instructed or changed from time to time.

Force Majeure

IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) shall not be responsible and to the extent, that the performance or delay in performance of any of its duties are prevented, constrained, delayed or interfered with owing to circumstances beyond the practical control and without the fault or neglect of such Party, including but not restricted to change in legislation, fire, flood, explosion, epidemic, accident, act of God, war, riot, strike, lockout, traffic or other concerted act of workmen and/or act of Government. IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) may at its absolute discretion draw back the services or Goods if a Force Majeure event occurs.

Governing Law and Jurisdiction

The Terms of Use are dictated by and structured in accordance with the laws of India, without reference to conflict of laws principles, and you irrevocably and unreservedly submit to the exclusive jurisdiction of the courts located in Mumbai, India.

Acceptance of Terms and Conditions

By clicking on the “I have read and accept the terms and conditions” box at the bottom of the Registration Form, you indicate your acceptance of the above Terms and Conditions and you agree to be obligated by these terms and conditions laid below, including any further guidelines and future modifications. If at any time you reject these terms and conditions, or you wish to terminate your registration as an Affiliate, you may not avail or utilize the information and notify your intention to block your registration.

Communication with the user:

IVA MEDCOM PRIVATE LIMITED (Liboc Davamart) will be utilizing 3rd party software to make calls, send SMS, emails & notifications to its users. By enduring your usage of the website and/or mobile app, the customer specifies their acceptance of the same.

We as a merchant shall be under no accountability at all with respect to any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the prefixed limit jointly accepted by us with our acquiring bank from time to time.

Customer Support Policy

At Liboc Davamart, customer centricity is our chief priority and hence we believe in providing the finest experience to all our Consumers. We look forward to any feedback which will help us improve further. You can contact us at our support team via our mobile number at +919614819819 (Between 9 am-9 pm) or email us at support@libocdavamart.com.

Disclaimers

1. The Company DOES NOT beseech any intimate information like your OTP/CVV/PIN/Card Number either through Calls/SMS/WhatsApp/Surveys/mail/Link or any other modes. Please report such suspicious activities to support@libocdavamart.com.
2. Grievances, where customers have disclosed their details to unauthorized individuals resulting in financial leaks/ losses, are not encompassed in the policy (Scam webpages, Numbers, Callers, etc.).
3. Support Officer working window: Monday to Saturday (9:00 a.m. to 6:00 p.m.)
4. 26th January, 15th August, 2nd October, and major festivals in India will be considered non-business days.
5. The Company depends on its retail, courier and payment partners. Thus, in scarce cases, you might see a delay in resolution, owing to reasons beyond our control, once the investigation is transferred on to them. However, please be rest assured that we will try our best not to surpass resolution timelines in these cases
6. Any complaints related to non-returnable products will be adhered to as per the Company’s return policy.
7. The Company will evaluate the customer support policy from time to time and modify/change the policy, aligned with regulatory guidelines and other applicable laws, to conform to the business needs.