Welcome to Tracky's website, https://www.trackyhealth.com (Website).

Before using or accessing this site, read this agreement carefully. By accessing and using this site, you are bound to accept all the terms and conditions. If you do not agree with any of these Terms of Use, do not use this Website.

Scope

In these Terms of Use, the term "you" refers to the person using this Website. The terms "we," "our," "us," "Tracky" “Tracky Health” collectively refer to Tracky, which is a brand of DrStore Healthcare services India Pvt Ltd.

The servers that host this Website are located in India, and any personal details you provide us will be processed by Tracky in India

Privacy

For information about the way in which we use, process, and share personal and non-personal information, please refer to our Privacy Policy.

Disclaimer on Emergency Medical Conditions

Do not use this website for medical emergency services. In an emergency, call your local emergency assistance number.

Medical Disclaimers

The Content (as defined below) available through this Website is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional.

Tracky does not give medical advice. Additionally, the use of the Content obtained through this Website does not establish a physician-patient relationship.

Your reliance on information and Content obtained by you at or through this Website is solely at your own risk. Neither we nor providers of Content to us assume any liability or responsibility for damage or injury arising from any use of any product, information, idea, or instruction contained in the Content.

We do not provide advice on any issues relating to medical treatment, and the Content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition.

Under no circumstances shall Tracky or any Tracky Group Member, their employees and contractors, be liable to you for costs of substitute goods or services, or for any direct, indirect, special, incidental, punitive, or consequential damages (including lost profits or legal fees)

Ordering from Us

Our Website and these Terms of Use are intended only to apply to consumers wishing to order Products for delivery.

[In the event that you order any Product from us on a trial basis, you acknowledge that you have no title to the Product until full payment is made and that you will either pay for the Product in full or return the Product to us on or before the end of the applicable trial period. In the event that you fail to pay for or return the Product to Tracky within 10 days of the due date, you acknowledge and consent to Tracky sharing your details with debt collection agencies in order to facilitate recovery of the amount].

You may only buy the Products for your own use, or if you are a carer, for the use of the person you care for. By purchasing Products from us, you represent and warrant that you are not buying the Products for resale.

You are deemed to have placed an order with us by ordering via our online checkout process. As part of our checkout process, you will be given the opportunity to check your order and correct any errors. If you pay by credit card, we will send you an order acknowledgment, detailing the products you have ordered once your payment has passed our internal validation procedures. However, your order will not be processed until payment has been transferred into our bank account.

Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation. When we dispatch your order, the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order.

We may, at our discretion, refuse to accept an order if:

• Products are no longer available;
• we cannot obtain authorization for your payment;
• there has been a pricing or Product description error; or
• you do not meet any eligibility criteria set out in these Terms.

If we are unable to supply you with a Product within a reasonable period, we will inform you of this by e-mail, SMS, or phone, and we will not process your order. If you have already paid for the Product, refund will be provided.

Pricing and Payment

All prices and offers are in India Rupees unless otherwise stated and are subject to availability and may change before (but not after) we accept your order.

Prices available on the Website are only applicable for purchases made online through the Website.

If we charge separately for packing, carriage, and other relevant charges, the appropriate rates will be clearly specified on your online order when you proceed through the online checkout process.

Our website contains a large number of Products. It is possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and give you the option of continuing to purchase the Product at the correct price or canceling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as canceled and notify you in writing if you have provided us with your address or your email address. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

We accept digital modes of payment or such other means as may be specified on the Website.

Delivery

Delivery will be to the address specified in your order, which must be within India. We aim to ship all orders promptly and at the earliest practicable time. Delivery is by a third party and occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed.

You acknowledge and agree that the results of any Test and any usage report for a trial, rental, subscription of any Product will be sent to your nominated email address.

The delivery charges specified as part of your order will apply. These charges may change from time to time.

Rental products

We may also have an option to avail certain products on a rental basis, the rental period, fees, & other details shall be followed as per the rental agreement between the renter & Tracky. Any changes to the rental agreement must be mutually agreed upon & may be subject to additional fees. If the renter fails to return the products as per the agreement duration, late fees may apply beyond the agreed upon rent date.

Renter shall bear the return shipping costs & will be deemed responsible for any damages or loss of the rented product during the rental period or at the time of return transit.

A refundable security deposit may be required as a rental condition to cover any potential damages, late fees, or other charges as outlined in the rental agreement, the amount of this security deposit may vary depending upon the product and shall be outlined in the rental agreement. The security deposit will be refunded upon satisfactory return of the rented product.

Tracky reserves the right to deduct from the security deposit for any damages, late fees, or outstanding balances owed by the renter. A detailed statement of the deductions will be provided to the renter along with the remaining deposit, if applicable.

Subscription products

We may also have an option to avail certain products on a subscription basis, The subscription period begins on the date of subscription and continues until canceled by either party, Subscriber agrees to pay the recurring subscription fee as specified in the subscription agreement during the subscription period. The Subscription fees will be automatically billed to the payment method provided by the Subscriber.

Subscriber will be granted a non-exclusive, non-transferable right to use the subscription product for personal or internal business purposes. Subscriber may not share login credentials or otherwise distribute the subscription product to third parties.

The right to make updates or changes to the subscription product reserves with the provider. Provider may terminate the subscription at any time for violation of the terms of this Agreement. Upon termination, Subscriber's access to the subscription product will be immediately discontinued.

Rights Under Consumer Law

Some of the Products we sell to you come with a manufacturer’s warranty. For details of the applicable terms and conditions, please refer to the manufacturer’s warranty provided with the Products. The manufacturer’s warranty is in addition to but may overlap with any rights or remedies you may have under applicable law.

If you return a Product to us for repair (or replacement) and the Product is capable of retaining user-generated data, the repair (or replacement) of the Product may result in the loss of this data. We will not be responsible for any data loss and we require you to back up your data before returning any Product to us for repair (or replacement). Products presented for repair may be replaced at our discretion by refurbished Products of the same type rather than being repaired. Refurbished parts may be used to repair Products.

Registration

Tracky requires you to provide registration details to access this Website or portions of this Website, the details you provide must be correct, current, and complete. If Tracky believes that the details are not correct, current, and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any.

Software Downloads

Any Tracky or its affiliates’ software that is made available to download from this Website (Software) is the copyrighted work of Tracky or its affiliates or suppliers. The Software is made available for downloading solely for your use pursuant to the end-user license agreement (EULA) applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Access to Website

While it is Tracky's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Tracky, access to the Website may be interrupted, suspended or terminated from time to time. Tracky shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use.

Guidelines for User Contributions

The following guidelines apply to all users who post materials on this site:

1. Posts or transmissions by users are prohibited that is offensive, violent, deceptive, misleading, harmful infringing on another’s intellectual property rights(inclusive, but not limited to, infringing on their trademarks or copyright) or infringing on their privacy.
2. This site may not be interfered with by users.
3. This site cannot be used to conduct any wrongful activities.
4. If a user is infringing upon any copyrighted materials, users should immediately contact Tracky Health, Mumbai.

Tracky Health is not responsible for the content of any materials posted by users but has the right to:

1. Modify or delete any document that appears on the site and,
2. Any user who violates this agreement will be denied access to the site.

Proprietary Rights

Tracky or its suppliers/licensors own all materials on this website and they are subject to copyright protection. You may access, download, or print the materials for your personal, non-commercial use only. The content on this site may not be copied, distributed, or transferred in whole or in part without the prior written permission of Tracky Health.

Warranty Disclaimer

The Company disclaims all representations and warranties, expressed concerning information services and materials contained on this site to the maximum extent permitted by law. Information, services, and materials are offered “as is” without any kind of warranty. The site does not promise to meet your requirements, uninterrupted or error-free or to check defects if any. The Company makes no warranty.

Liability Limitation

It is understood that under no circumstances, the Company or its affiliates shall not be liable for any indirect, consequential loss or any other loss whatsoever, whether based on contracts, product liability even if we were advised of their possibility. It is your acknowledgment and agreement that the limitations set out above are fundamental to this agreement, and that the site would not be made available to you without them.

Indemnification

You agree to defend, indemnify and hold harmless Tracky and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with your use of this Website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Website.

Third-Party Sites and Other Information

This Website may contain as a convenience to you, Content, links and other information submitted by third parties over whom Tracky has no control or responsibility. Tracky has no obligation to monitor, control or restrict the use of this Website, or third-party websites accessible via links on this Website. Tracky is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the Content of such sites. The inclusion of such a link does not imply endorsement of any site by Tracky or any association with its operators.

Separate Terms and Conditions

From time to time in connection with your use of or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms of Use regarding any use of this Website, unless otherwise expressly stated.

Modification of Terms of Use

These Terms of Use and the Privacy Policy constitute the complete agreement between you and Tracky with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. Therefore, you are advised to review these Terms of Use occasionally.

If any term or provision of these Terms of Use will be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Tracky shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use will survive termination of any use by you of this Website, any Content on this Website, or these Terms of Use.

General

Force Majeure

We will not be liable for any delay or failure to perform under these Terms of Use if such delay is due to any circumstance beyond our reasonable control.

Entire agreement

These Terms of Use form the entire agreement between you and us.

Changes

We reserve the right at any time to modify these Terms of Use and to impose new or additional terms or conditions. Such modifications and additional terms and conditions will be effective immediately and will apply to future orders you make with us.

Termination by us

We reserve the right to refuse to supply the Products ordered by you, terminate our contract with you or terminate your account with us at our sole discretion and without incurring any liability to you.

Support

If you require support for Products ordered online through our Website, please write to us at info@mytracky.com

Assignment

You may not assign, sub-license or otherwise transfer any of your rights under these Terms whether in whole or in part without our prior written consent.

Void or unenforceable terms

If any provision of these Terms is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which will continue to have full force and effect. Only the parties to these Terms may seek to enforce them.

Modification or Suspension of the Website

The Company may, at any time, alter, stop, or suspend the operation of this Web Site, or any portion of it, temporarily or permanently, without notice to you.

Contact Information

If you have any questions regarding these Terms of Use or this Website, please contact us by email at info@mytracky.com

Effective Date: 15.02.2024