Terms & Conditions

The following terms (“Terms of Use” or “Terms”) and the Privacy Policy (as defined below) govern the access, viewing or use by you (hereinafter be referred to as “User”, “Customer” or “you” or “your”) of the services available through the Platform (as defined below).

This Platform (as defined below) is owned and operated by Digitalist Tech Media Private Limited, a company incorporated under the laws of India and having its registered office atDosti Flamingoes, Sewree, China Mill Compound, Mumbai-400015 (Company, Gytree, we, us, our). 

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of The Information Technology (Intermediaries Guidelines) Rules, 2011 under Information Technology Act, 2000 which requires publishing the rules and regulations, privacy policy and user agreement for access or usage of the Platform. 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE. 

1. Defination
   • “Platform” means and includes the website (www.gytreeshop.com) and the application “Gytree”
   • “Services” means the services provided by the Company through the Platform including but not limited to sale of various products, provision of content, as sought by You;
   • “User Information” means any and all information provided by the User, including User’s name, age, sex, address, email and phone number, name of User’s child, sex and age, while signing up for the Platform or thereafter 

2. General
   • Digitalist Tech Media Private Limited is a company incorporated under the laws of India, with its registered office at 701, Block 6, World Spa, West Wing, Sector 30, Gurgaon, Haryana- 1220001, India.
   • These Terms of Use are subject to revision by Gytree at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Platform. The revised Terms of Use shall be made available on the Website/Platform. You are requested to regularly visit the Platform to view the most current Terms of Use. In the event such a facility is provided on the Platform, You can determine when Gytree last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. Gytree may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website/Platform and/or Services, following such changes, will constitute Your acceptance of those changes. 

• If there is any conflict:
  • between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence but only to the extent of the conflict; 

• between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service; 

• between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict. 

3. Services
   • The User shall register themselves on the Platform before availing any Services.
   • The User shall make requisite payment for the Services that the User wishes to avail.
   • The Company currently places the following Services on offer which may be changed from time to time:
     • Sale of various Products with a focus on feminine requirements which include but not are limited to nutraceuticals, proprietary foods, medical devices etc…

• It is clarified that the Products being sold on this website should be bought on the advice of a Registered Medical Practitioner, or a qualified dietitian and nutritionist. The Company does not guarantee the efficacy of any product and the results may vary from person to person. The User understands that the Products on sale on this Website are nutraceuticals and are not intended to cure or diagnose any disease but are approved by FSSAI as a nutritional supplement.
• Disclaimer: The Products sold herein are not meant to cure or diagnose any disease. Please speak to your Doctor, Dietitian or Nutritionist to ensure its suitability for you.

4. Use of the Platform 

• The Services are provided to the User only for your personal and non-commercial use and should not be shared with any third party whether individuals or otherwise.

• You agree to use all our Services in accordance with the applicable laws, rules and regulations, or any other specific restrictions on the use of the Service or content therein. 

• You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services and Content under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between the Company and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. 

5. User Obligations
   • In order to use the Platform, you agree to provide accurate information to the Platform. Failure to do so, may result in unintended consequences, medical and otherwise, which consequences shall be the sole liability of the User. 

• You agree to use the Platform including the Services and Content provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law. 

• You agree not to access (or attempt to access) the Platform by any means other than through the interfaces that are provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or in any way reproduce or circumvent the navigational structure or presentation of the Website/Platform, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform. 

• When you use the Platform and/or access the Services/ Content You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that: belongs to another person and to which the User does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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 whatsoever; harms minors in any way; impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; 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 of any other nation; infringes any patent, trademark, copyright or other proprietary rights; contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Platform); attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company  server, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means; probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of  the Company , including any  Company  Account not owned by You, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Platform; disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; use the Platform or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of  the Company  or other third parties; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; violate any applicable laws or regulations for the time being in force within or outside India; violate the terms of the Agreement.

• In relation to the use and access of the Platform, its content, and features, you agree and undertake not to: 

• impersonate another person;
• create User accounts by automated means or under false or fraudulent pretences;
• take any action that imposes, or may impose an unreasonable or disproportionately large load on the IT infrastructure used by the Platform;
• violate or invade the privacy of any person or other Users;
• deceive or mislead the other Users of the Platform about the origin of the messages you post or communicate any information which is grossly offensive or menacing in nature;
• use the Platform for any unauthorized marketing purposes or for sending any unsolicited materials or spamming; and 

• You shall use this Platform, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person. 

• You agree that you will not create more than one User account or create a User account for anyone other than yourself without first receiving permission from such other person. The Company may, at its sole discretion, refuse to accept your registration due to non-compliance with any eligibility requirement for such registration. 

• You shall, at all times, be responsible for any activities that are undertaken through your User account. 

• You represent that you have all rights required to provide the information that you provide on the Platform, including the User Information and represent that it is true and accurate. 

• The Company engages third party service providers, including courier services, for the purposes of fulfilment of your orders, as placed on the Platform. Your relevant information will be shared with such third parties as required. 

• You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Platform. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees. 

• You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates. 

6. Registration
   • The User shall have to mandatorily register on the Platform to receive the Services as provided by the Company. The User shall make only one User account per person. 

• The User may register on the Platform only if they have reached the age of maturity/consent in their country or 18 Years whichever is higher. In case of minors, parents must give their consent for the use of the Platform and its Services. The User represents that the User has all rights to enter into the Platform and avail the Services so provided and that in case of minors, the parents/legal guardian has given consent for the use of the Platform for availing services. 

• The User shall be responsible for all activities undertaken through the User account. 

• The User undertakes that all information provided at the time of registration is accurate and up to date. The User undertakes to maintain the accuracy of such information. Any consequences of inaccurate information shall lie solely on the User. 

7. Use of Services
   • You shall be required to make payment for use of Services and use the Platform to make any orders for any Products.
   • The Company shall fulfil the orders as per the terms of sale and as per the Shipping and Return Policy. 

• The Company also reserves the right to refuse Service/access to any User for any reason whatsoever, including but not limited to, non-payment for services or a breach of the terms and conditions of the Platform. 

8. Content
   • The User understands and agrees that the content published on the Platform is purely informational in nature and is not to be used as medical advice without the express and essential consultations with qualified professionals. The information is for general information purposes only and may not be applicable to you. The Company shall not be responsible for your use of this information for making lifestyle changes or undergoing medical treatment. The Company has no liability towards the use of this information by you. 

• The Company has copyright over all content on the Platform including the design of the Platform. The Customer understands and agrees that all intellectual property as on the Platform including copyright, trademarks, and patents is the sole property of the Company and any unauthorised use of the same shall result in legal action. 

• You are not allowed to copy, transfer, download or republish any Content on the Website without the express permission/licence from the Company. Any such unauthorized use of Content shall be at the sole risk and liability of the User and the Company reserves the right to initiate appropriate legal action against such User. 

9. Payments Related Information
   • You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing services on the Platform. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
   • Payment Facility for Your orders: The Company may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of the Company’s fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
   • For Your making payments for buying any products/Services on the Platform, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying products/Services on Platform and the Company does not control the same and shall be liable for the same.

10. Cancellation and Refund Policy
    • Please see the Refund Policy 

11. Disclaimers of Warranty and Limitation of Liability
    • THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY GYTREE ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, GYTREE MAKES NO WARRANTY THAT (I) THE PLATFORM OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR CONTENT WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR CONTENT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GYTREE  OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE INFORMATION CONTAINED IN THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GYTREE WILL HAVE NO LIABILITY RELATED TO USER CONTENT AND / OR THIRD PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. GYTREE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
    • YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW GYTREE  WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.  GYTREE  HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PLATFORM IS CORRECT, BUT  GYTREE  NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE.  GYTREE  SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, GYTREE SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND GYTREE 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.  GYTREE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON.  GYTREE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
    • In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, interns or partners be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the information contained in the Content, or for any other claim related in any way to your use of information contained in the Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the information contained in the Content or any other information posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. No Content provided on the Platform creates a patient-doctor relationship between the User and the Company. All Content provided on the Platform is merely for information purpose only. The Platform or the Company does not represent or warrant, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Platform. In no event shall the Company be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
    • You agree to indemnify, defend and hold harmless the Company , its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
    • Notwithstanding anything to contrary in the Agreement(s), the Company's entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Thousand (INR 1000) or the amount of fees/order value, whichever is less, paid by You to the Company under the relevant order to which the cause of action for the liability relates.
    • Notwithstanding anything to contrary in the Agreement(s), in no event shall the Company , its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not  the Company  has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform, Services or Content. 

12. Term and Termination
    • The Agreement will continue to apply until terminated by either You or the Company as set forth below. If You want to terminate Your agreement with the Company, You may do so by closing Your Account for all of the Services that You use, where the Company has made this option available to You.
    • You agree that the Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Platform if the Company determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to the Company, for which monetary damages may be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.
    • In addition to the Clause above, the Company may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if: 

• The Company is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies; 

• The provision of the Content/Service to You by the Company is, in the Company's opinion, no longer commercially viable; 

• The Company has elected to discontinue, with or without reason, access to the Website (or any part thereof); or 

• In the event the Company faces any unexpected technical issues or problems that prevent the Website and / or Content from working. 

• The Company may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Platform or with respect to the Content and Service; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Platform and/or access to Content/Services.
• You agree that all terminations shall be made in the Company's sole discretion and that the Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
• Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until the Company chooses to terminate them. The Company may inform the seller, RMP’s, diagnostic service providers and Health Professionals who have accepted Your purchase orders/bookings on the Platform, that this Agreement is terminated, and upon such information sellers, RMP’s, diagnostic service providers and Health Professionals may cancel the bookings/purchase orders.  The Company may also cancel all Your non-fulfilled orders on the Platform without any obligation or liability towards You. 

13. Governing Law and Jurisdiction
    • These Terms of Use and all transactions entered into on or through the Platform and the relationship between You and the Company shall be governed in accordance with the laws of India.
    • The User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Platform, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between the User and the Company shall be subject to the exclusive jurisdiction of the courts at Gurugram, India and the User hereby accedes to and accepts the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non conveniens. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein. 

14. Report Abuse and Take Down Policy
    • In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, or if You believe your intellectual property rights have been violated in any manner through the Platform, please send an email to _________________________.
    • Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of the Company for the purpose of this Agreement shall be Ms. ____________ with email address: _______________. The Company may change the aforesaid details from time to time. 

15. General Provisions
    • Notice: All notices with respect to these Terms of Use from the Company will be served to You by email or by general notification on the Platform. Any notice provided to the Company pursuant to these Terms of Use should be sent to Grievance Officer at
    • Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. The Company may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
    • Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
    • Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by the Company is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways RMP’s, diagnostic service providers and Health Professionals) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, pandemics, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Company  or its third parties performing such services and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then  the Company shall be excused from such performance to the extent of and during the period of such Force Majeure Event.  The Company shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.