General Terms & Conditions
1. About Platform
The website is owned by Antara Assisted Care Services Limited, a company incorporated under the Companies Act, 1956, with its registered office Max House, 1 Dr. Jha Marg, Okhla, New Delhi – 110020, and corporat3e office at Plot No. 65, Plus Office, Landmark House. 2nd Floor, Sector- 44, Gurugram, Haryana-122003 (hereinafter referred to as “We” or “Our” or “Us” or “Antara”).
2. Acceptance of Terms
2.1 Please carefully read and understand the terms and conditions of use (“Terms/T&Cs”) before accessing or using
browsing or transacting in any manner on this website. By accessing or using or browsing or transacting in any manner on this website, you
agree to comply with and be legally bound by the following T&Cs including but not limited to privacy and other policies.
It is important to periodically review the T&Cs for any changes. If you do not agree with the T&Cs, please refrain from accessing
information or obtaining goods, services, or products from this website.
2.2 The present T&Cs serve as an electronic record in strict accordance with the provisions delineated within the Information Technology Act, 2000 and the subordinate rules duly enacted thereunder, and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. These T&Cs do not require any physical, electronic, or digital signature and have been published in full compliance with the statutory requirements laid down by the Information Technology Act, 2000, governing the access and utilization of the domain name www.ageasybyantara.com ("Website"), encompassing its corresponding mobile site, mobile application, and WhatsApp. Collectively, the Website, mobile site, mobile application, and WhatsApp shall hereinafter be denoted as the ("Platform”).
2.3
For the express application of T&Cs, in all instances where the context requires, the terms "You" or "User" shall encompass any natural or legal person who has expressly agreed to assume the role of a user on the Platform by providing Registration Data while completing the registration process on the Platform as a Registered User via computer systems. It is worth noting that Antara does not grant any User the ability to navigate the Platform or execute purchases without being required to register.
2.4 Your access, browsing, utilization, or any form of transaction on the Platform, or your utilization of any Services, constitutes a clear indication of your acceptance and agreement to be legally bound by these T&Cs. Furthermore, by accepting these T&Cs, whether implicitly or expressly, you also accept and agree to abide by Our policies, including the Privacy Policy and the other Policies of Antara, as well as any other applicable rules, guidelines, policies, terms, and conditions, in accordance with the prevailing laws in India and other jurisdictions, governing the act of accessing, browsing, or transacting on the Platform, or utilizing any of the Services, making purchase or transacting in any manner. These rules, guidelines, policies, terms, and conditions shall be considered an integral component of the T&Cs. Nevertheless, it is important to note that when you exit the Platform and access a third-party website, you will be bound by the terms and conditions of use and privacy policy explicitly outlined on that specific website. Consequently, your use of that website will be governed by the terms and conditions of use and privacy policy applicable to it.
2.5 Accessing, browsing, utilization, or any form of transaction on the Platform, or your utilization of any Services, constitutes a clear indication of your acceptance of our T&Cs, and You give Your consent to Us and both our associates, partners, affiliates, vendors, and services providers (including financial institutions, etc.) to communicate with You through phone calls/SMS/email communication, etc. regardless whether your number is registered in the National Do Not Call Registry (NDNC) or www.nccptrai.gov.in
2.6 Antara may utilize the services of third-party service providers to assist in improving our services and Platform and to monitor Users' interests and activities. By accessing, using, and browsing the Platform, You hereby authorize Antara and/or third-party service providers engaged by Antara to collect, use, store, analyze, reproduce, publish, and adapt (either on its own or through third-party service providers) the information relating to Your use of the Platform for the purpose of data analysis and improving Your experience on the Platform. You acknowledge that this is solely undertaken by Antara to enhance Your experience in relation to the use of the Platform, and the provision of such Services shall be subject to the additional terms and conditions of Antara and/or third-party service providers.
3. Modification of Terms
3.1 Antara retains the right to amend, revise, alter, or modify the T&Cs, as well as any policy or guideline of the Platform, including the Privacy Policy, at its sole discretion, and without any prior notice to the User. Any amendment, revision, alteration, or modification will take effect immediately upon being posted on the Platform, and you waive any entitlement to receive specific notification of such changes or modifications. However, Antara will provide you with information about any significant changes at least once a year. By continuing to utilize the Platform, you acknowledge and agree to be bound by such changes or modifications. Therefore, it is advisable to regularly review the T&Cs and relevant policies in order to understand the T&Cs that apply to your use of the Platform.
4. User’s Eligibility and Registration
4.1 As a prerequisite for accessing, browsing, utilization, or any form of transaction on the Platform, or your utilization of any Services, you must be at least 18 (eighteen) years of age or older. By visiting the Platform or accepting the T&Cs, you explicitly represent and warrant to Antara that you are 18 (eighteen) years of age or older. Furthermore, you affirm that you possess the legal right, authority, and capacity to access and use the Platform and to willingly and unconditionally agree to and comply with the T&Cs. In furtherance thereof, you expressly acknowledge and assert that you possess the necessary legal capacity to enter into a binding agreement, and that your use of the Platform is in full compliance with any and all applicable laws and regulations. You affirm that you have obtained any required consent, authorization, or permission from any relevant parties and that you are not prohibited or restricted by any legal, contractual, or fiduciary obligations from accessing, browsing, utilizing, or any making form of transaction on the Platform.
4.2 Registration and usage of the Platform are exclusively available to natural persons who possess the legal capacity to enter into contracts as defined by the Contract Act. This implies that individuals, including minors, un-discharged insolvents, and others deemed legally incompetent to contract, are ineligible to register on or access the Platform. By registering, accessing, or using the Platform, you confirm your acceptance of the T&Cs and assert, represent, and warrant to Antara that you possess the requisite legal capacity to contract as defined by the Contract Act. Additionally, you affirm that you have the rightful authority and capacity to utilize the Platform, and you agree to comply with and be bound by the T&Cs.
4.3 A registered user account is strictly personal and may only be utilized by the individual whose information has been provided. Antara prohibits the sharing of login/registration credentials among multiple individuals. However, a registered user who is a parent or legal guardian of a person deemed legally incompetent to contract, such as minors or individuals with unsound minds, may access and use the Platform for the purpose of procuring Services or products on behalf of said individuals.
4.4 Organizations, companies, and businesses are prohibited from registering as members on the Platform or utilizing the Platform through individual user accounts. By agreeing to the T&Cs, you acknowledge and undertake the following:
- You will create a single account/user profile.
- You will provide accurate, truthful, current, and complete information during the account creation process and in all interactions and transactions on the Platform.
- You will promptly update your account information to ensure its accuracy and completeness and are solely responsible for updating your registered mobile number and/or email address on the Platform in the event of any changes.
- You will maintain the security of your account by not sharing your password with others and by restricting access to your account and associated devices.
- In the event of any suspected or discovered security breaches related to the Platform, you will promptly notify Antara. You acknowledge that Antara reserves the right to suspend or terminate your account, without prior notice, if any violation of the T&Cs is detected or if your account is found to be associated with any suspicious or malicious activity.
- You will assume full responsibility for all activities that occur under your account and accept all risks associated with unauthorized access and the consequences thereof.
- All communications from Antara will be directed to your registered mobile number and/or email address, or any other contact details you have provided while creating the account.
- You agree not to engage in any fraudulent, illegal, or unauthorized activities on the Platform, including but not limited to impersonating another individual, transmitting malware or viruses, or attempting to gain unauthorized access to other users' accounts or sensitive information.
- You understand and agree that Antara may collect, store, and process your personal information and data in accordance with its Privacy Policy.
- You consent to receive promotional and informational communications from Antara or its partners, which may be sent through various channels, including email, SMS, or other electronic means. You can opt out of receiving these communications by following the instructions provided in the communication or by adjusting your account settings.
- You acknowledge that the Platform may undergo periodic maintenance or updates, and during such times, certain features or services may be temporarily unavailable. Antara shall endeavour to minimize any disruptions and provide prior notice whenever possible.
4.5 Antara reserves the sole discretion to suspend users temporarily or permanently, prohibit their use and access to the Platform and its services, and investigate complaints or alleged violations of these T&Cs or any Services, as well as for any other valid reason.
4.6 The User shall have the following obligations:
- The User shall provide Antara with all necessary cooperation required for the fulfillment of the T&Cs.
- The User shall comply with all applicable laws and regulations concerning their activities under the T&Cs.
- The User shall adhere to all reasonable instructions provided by Antara regarding the use of the Platform from time to time.
- The User shall fulfill all other responsibilities as outlined in the T&Cs in a timely and efficient manner. In the event of any delays by the User in providing agreed-upon assistance, Antara may reasonably adjust or revise the timelines for delivery of the Products and Services.
- The User shall bear the sole responsibility for procuring and maintaining network connections and telecommunications links between their systems and Platform. The User shall also be accountable for any problems, delays, delivery failures, or loss or damage arising from or related to their network connections, telecommunications links, or internet-related issues.
5. Registration
5.1 To access the Services or products or perform any transaction through the Platform, it is necessary for you to register yourself and create an account by following the prescribed registration procedure as prescribed by Antara. During the registration process, Antara may collect the following personal information from you:
- Full Name
- Email Address
- Phone Number
- Gender
- Date of Birth/Age
- User-selected Password
- Residential/Communication Address
- Banking details (for processing refund)
5.2 You may access, browse and view content or the products listing on the Platform without registering; however, certain aspects of the Platform may require registration and the creation of a User’s profile, which involves selecting a unique "User ID" and password.
5.3 The Platform also provides the option to use your Google or Facebook profile for login purposes; however, it is important to note that the Platform does not post or publish anything on your Google or Facebook profile without your explicit permission. Additionally, please be aware that Google or Facebook has its own standard login procedure, which you must adhere to as a User. Antara has no control over Google or Facebook's login procedure.
5.4 Furthermore, during the registration process, You must provide accurate, complete, and up-to-date information including but not limited to the OTP (One-Time Password) verification. Failure to do so will be considered a breach of the T&Cs, which may result in immediate termination of your account.
5.5 In the event, User registers and creates a profile using the Email or Mobile number, then the User will be prompted for OTP Verification in order to complete the registration process.
5.6 When selecting a User ID, domain name, or profile name, you are prohibited from using any name or term that: i. intends to impersonate another person; ii. infringes upon the rights of another person without appropriate authorization; or iii. is offensive, vulgar, or obscene; iv. violates any applicable law or contractual obligation.
5.7 In essence, you are not permitted to create any fraudulent account or profile for the purpose of using Antara’s services. If we suspect any such activity, we may request that you provide documentary proof to verify your identity. The specific documents required for verification will be communicated to you within a prescribed timeline as may be decided by Antara at its sole discretion. Failure to provide the requested documents within the prescribed timeline may result in immediate termination or permanent deactivation of your user account, as well as potential restrictions or blocks on your ability to use our services in the future.
5.8 Antara reserves the right, at its sole discretion, to refuse registration of or cancel a User ID, domain name, or project name. You are solely responsible for any activity that occurs on your account and must maintain the confidentiality of your user ID and password associated with your user profile on the Site. Using another User's account without their express permission is strictly prohibited. If you become aware of any unauthorized use of your account or any other account-related security breach, you must immediately notify the Company in writing.
6. Recovery of User Account
6.1 In the event that you are unable to access your user account on the Platform due to forgotten credentials, account suspension, or any other reason, you may initiate the account recovery process by following the procedures outlined on the Platform.
6.2 To initiate the account recovery process, you must provide the necessary information, documentation including the OTP sent on your contact number and email ID registered to Antara. In the event, OTP sent by Antara is not validated, you may not be able to recover your account. This may include but is not limited to verifying your identity, confirming ownership of the account, and providing any additional information or documentation deemed necessary by Antara.
6.3 Antara reserves the right to evaluate and validate the information provided during the account recovery process. The decision to grant access to the user account shall be at the sole discretion of Antara, subject to compliance with applicable laws and regulations.
6.4 You understand and acknowledge that the account recovery process may take a reasonable amount of time, and Antara shall not be held responsible for any delays or consequences resulting from such a process.
6.5 It is your responsibility to ensure the accuracy and completeness of the information provided during the account recovery process. Any false, misleading, or incomplete information may result in the denial of account recovery.
6.6 Antara shall not be liable for any damages, losses, or liabilities arising from the inability to recover or access your user account, including but not limited to any loss of data, transactions, or services associated with the account.
6.7 You agree to cooperate fully with Antara during the account recovery process, providing all requested information and documentation in a timely and accurate manner.
6.8 Antara reserves the right to modify or terminate the account recovery process at any time without prior notice, subject to applicable laws and regulations.
7. Antara’s Products
7.1 Through the Platform, Antara offers the display, advertisement, sale, purchase, and delivery of its private label products, which may include but are not limited to, food products, nutraceuticals, health supplements, medical devices, Ayush products, and other third-party brand products, including Over the Counter (OTC) and wellness products ("Products").
7.2 Users acknowledge that the sale and purchase of Products on the Platform are solely facilitated by Antara. By engaging in transactions for any Products on the Platform, Users shall be bound by the T&Cs.
7.3 Antara strives to provide accurate and up-to-date information about the Products on the Platform. However, Antara does not guarantee the accuracy, completeness, or reliability of any product listing or description. It is the responsibility of Users to review and verify the details of the Products before making a purchase.
7.4 The availability of Products may be subject to stock availability, geographic restrictions, and other factors beyond Antara's control.
7.5 Prices displayed for the Products on the Platform are subject to change without prior notice. While Antara makes efforts to ensure accurate pricing, discrepancies may occur. In the event of a pricing error, Antara reserves the right to cancel or refuse any orders placed at the incorrect price.
7.6 Payment for the Products shall be made as per the T&Cs and methods specified on the Platform at the time of purchase.
7.7 Antara shall make reasonable efforts to ensure the timely delivery of the purchased Products. However, Antara shall not be held responsible for any delays or damages arising from delivery or transportation issues beyond its control. The risk of loss or damage to the Products shall pass to the User upon delivery.
7.8 Users shall review and comply with any applicable laws, regulations, or restrictions regarding the purchase, use, or consumption of the Products. Users are responsible for ensuring the suitability and safety of the Products for their intended purposes.
7.9 Any returns, refunds, or exchanges of the Products shall be governed by Antara's return and refund policy, as outlined on the Platform. Users should refer to the specific policy for detailed information on eligibility, procedures, and any applicable fees or deductions.
7.10 Certain Products may be available exclusively online through the Platform. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy.
7.11 Antara will make every effort to display the colours and images of our Products on the Platform as accurately as possible. However, we cannot guarantee that your computer monitor's display of any colour will be accurate.
7.12 Antara reserves the right to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any Products that we offer.
7.13 All descriptions of Products or product pricing are subject to change at any time without notice, at the sole discretion of Antara. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited.
7.14 Antara does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7.15 Users agree to release, indemnify, and hold harmless Antara from any claims, losses, liabilities, damages, costs, and expenses arising out of or in connection with the use or consumption of the Products purchased through the Platform. Users acknowledge that any recourse, claims, or disputes related to the Products shall be resolved as per the Dispute Resolution T&Cs provided on the Platform.
8. Care at Home Services
8.1 Through the Platform, we offer various care at-home services. Users may book care at-home services through the Platform by selecting the desired service, specifying the date and time, and providing relevant details. The availability of specific services may be subject to certain conditions, including professional availability, geographical coverage, and other factors
8.2 Payment for the care at home services shall be made as per the T&Cs and methods specified and communicated by Antara to the User from time to time. By engaging in transactions for care at home services on the Platform, Users shall be bound by the T&Cs of the Platform.
8.3 Antara will make reasonable efforts to ensure the smooth execution and fulfillment of care at-home services booked through the Platform. This may involve coordinating appointments, arranging for necessary equipment or supplies, and assigning qualified professionals. However, Antara shall not be held responsible for any delays, errors, or disruptions caused by external factors beyond its control.
8.4 Users understand and acknowledge that some professionals engaged through the Platform for care at-home services are independent service providers, while others may be employees of Antara. Antara does not directly employ or supervise all professionals engaged through the Platform.
8.5 For professionals who are independent service providers, Users understand and acknowledge that Antara does not have direct control over their actions, conduct, or quality of services. Users are responsible for providing accurate and complete information regarding their care needs and conditions to ensure appropriate and effective service delivery.
8.6 For professionals who are employees of Antara, while Antara takes reasonable measures to ensure their qualifications and competence, Users understand that no guarantee can be provided regarding the outcome or results of the care at home services. Users should exercise their own judgment, conduct due diligence, and take appropriate precautions when engaging the services of these professionals.
8.7 In either case, Users agree to release, indemnify, and hold harmless Antara from any claims, losses, liabilities, damages, costs, and expenses arising out of or in connection with the services provided by the professionals engaged through the Platform. Users acknowledge that any recourse, claims, or disputes arising from the care-at-home services shall be resolved as per the Dispute Resolution T&Cs provided on the Platform, and Antara shall not be a party to any such disputes.
8.8 User Responsibilities for Care at-Home Services:
- Users should exercise their own judgment and conduct due diligence before engaging the services of any professional. Users thoroughly review the qualifications, credentials, licenses, membership, and any other relevant credentials of the professionals before engaging for their services. Users should also communicate their specific needs and expectations clearly to ensure appropriate and satisfactory service delivery.
- Users should communicate their specific needs, expectations, and any relevant information clearly to the professional, as may be necessary to deliver the services by the professional to ensure appropriate and satisfactory service delivery.
- Users should promptly notify the professional of any changes in their condition (whether physical, mental, or otherwise), or other relevant information that may impact the provision of care at home services.
- Users are responsible for providing a safe and suitable environment for the provision of care at home services. This includes ensuring proper sanitation, accessibility, and any necessary equipment or supplies as required by the specific service.
- Users should promptly notify the professional or Antara of any concerns, issues, or dissatisfaction with the care at-home services received through the Platform. This will allow for timely resolution or appropriate actions to be taken.
- Users understand and acknowledge that the engagement of professionals for care at home services is based on their own selection and decision. Antara does not endorse or warrant the qualifications, capabilities, or suitability of any professional engaged through the Platform.
9. Links to third-party websites and third-party content
9.1 Our Platform may contain hyperlinks to websites, and applications operated by third parties or include third-party information, such as product descriptions, catalogues, Product and Service details, news, videos, photographs, and other data ("Third Party Content"). The inclusion of Third-Party Content is provided for general information purposes only and does not imply any endorsement or certification by Antara.
9.2 While Antara makes efforts to ensure the accuracy of the information provided on our Platform, we do not have control over Third Party Content. Therefore, we shall not be held responsible for any loss or damages resulting from the use of Third-Party Content.
9.3 The presence of Third-Party Content on our Platform does not establish any association with the operators of those websites and applications. Antara, its affiliates, associates, and employees do not provide any judgment or warranty regarding the authenticity or correctness of Third-Party Content, or the services provided by external websites or applications or links, including a link to another website does not imply endorsement of any Products or Services offered on that website or application. You are solely responsible for any consequences arising from their use of Third-Party Content or hyperlinks to external websites.
9.4 Our Platform uses cookies, including the DoubleClick DART Cookie served by Google as a third-party vendor, for advertising purposes. These cookies enable Google to display ads based on users' visits to our Platform and other third-party websites. For more information on the DART Cookie, please refer to Google's privacy policy. Users may opt out of the use of the DART Cookie by visiting the Google Ad and Content Network Privacy Policy.
9.5 Users also have the option to opt out of targeted advertising by visiting the Network Advertising Initiative (NAI) website. By publishing content or ads on our Platform, users acknowledge and agree that such content becomes publicly accessible and may appear in search engine results, caches, feeds, and third-party websites based on co-branding agreements. Search engines, third-party websites, and RSS web feed resources are responsible for updating or removing content from their indexes and caches. Antara is not liable for information published in search results or by any third-party website featuring Antara's content.
10. Payment, Price, and Taxes:
10.1 Access, browsing, and registration on Platform is free from all charges. Antara does not impose any fees for accessing, browsing, and registering on the Platform. However, for the purchase of Antara Products and Services, User agrees to make payments directly to Antara.
10.2 All payments for purchasing Products and availing Services on the Antara platform shall be made in Indian Rupees. While availing any payment methods on the Platform, User acknowledges that Antara will not be responsible or assume any liability for any loss or damage arising directly or indirectly due to lack of authorization, exceeding preset limits, payment issues, or decline of transactions.
10.3 Payment for Antara Products and Services can be made online through the payment facility available on the Platform. Online payment requires the support and services of third-party payment processors. Antara is not responsible for any loss or damage incurred by Users during this process, as these third parties operate independently and are beyond the control of Antara.
10.4 Transactions, transaction prices, and commercial terms such as delivery and dispatch of Products and delivery of Services are between User and Antara. The payment facility is used to facilitate the completion of the transaction, and Antara is not liable for non-delivery, non-payment, damage, breach of warranties, or fraud related to the Products and Services listed on the Platform.
10.5 By accepting these T&Cs, User specifically authorizes Antara or its third-party service providers to collect, process, facilitate, and remit payments and/or transaction prices electronically or through cash on delivery between users. Antara acts as an independent contractor and is not liable or responsible for the Product or Service paid for using the Payment Facility.
10.6 The User specifically authorizes Antara and/or its service providers to collect, process, facilitate, and remit payments and/or transaction prices electronically or through cash on delivery against the purchase of the Product or delivery of Services.
10.7 The User understands, accepts, and agrees that the payment facility provided by Antara is not a banking or financial service but a facilitator that offers an electronic, automated online payment system, including the option for cash on delivery through a third-party service provider for purchasing the Product and provisioning the Services.
10.8 Antara may provide an option to the User for offline payment options for Antara for purchasing Products and Services. The details of offline payment methods, including personal collection or mailing, will be provided on the Platform, or communicated to the User by Antara.
10.9 In order to process payments, Antara may require details of the User's bank account, credit card number, or other relevant payment information. Please refer to Our Privacy Policy for information on how Antara handles personal and confidential information provided by the User.
10.10 All prices mentioned are exclusive of applicable taxes. Antara reserves the right to modify the prices’ structure, and such modifications will be communicated on the Platform, which shall be considered valid and agreed communication.
10.11 Subject to Antara’s refund policy, the User shall be entitled to claim a refund of the transaction price if the Product or Service is not delivered within the stipulated timeframe or as provided in the policies, whichever is earlier. In the event the User fails to raise a refund claim within the stipulated time, the same will make the User ineligible for a refund.
10.12 In the event, the User is eligible for refunds, it shall be made in Indian Rupees only and equivalent to the transaction value received made by the User and received by Antara. Refunds for electronic payments shall be made to the source through the payment facility using approved banking systems. In the event, that the refund is not possible to the source of payment, or any bank is not supported for processing refunds, in such an event, the User shall be required to provide the bank account details and update the same in the User’s Profile section of the Platform.
10.13 Antara reserves the right to impose limits on the number of transactions or transaction prices received from an individual User or through any financial instrument during any time period. Antara also reserves the right to refuse to process transactions exceeding such limits.
10.14 When the User purchases the Product or Services and initiates a transaction, a legally binding and enforceable contract is established between User and Antara for the purchase of Products or Services using the Payment Facility provided by a third-party service provider. Users shall pay the transaction price through their issuing bank to Antara using the Payment Facility.
10.15 Antara may perform necessary checks before approving any transaction from the User, such as creditability checks or checks on the genuineness of the transaction. If Antara is not satisfied with the User's creditability or the genuineness of the transaction, Antara reserves the right to reject the transaction without any further obligations in this regard.
10.16 Antara may delay notifying payment confirmation to the User or hold the transaction in cases of suspicious activity or high transaction volumes to ensure transaction safety. Antara may also share the information with law enforcement officials or request law enforcement officials to intervene if illegal activity is suspected.
10.17 Antara will not be liable and responsible for any damages, losses, interests, costs, expenses, or claims resulting from the non-processing of a transaction or any delay in processing beyond Antara's control.
10.18 The User agrees, understands, and acknowledges that when conducting transactions on the Platform, they shall not use the details of a credit card, debit card, net banking, or any other payment instrument that is not lawfully owned by them. In the event, the User is found engaging in such illegal activities, Antara, in its sole discretion, reserves the right to restrict access to the User's account, prohibit the creation of any other account on the Platform, or prevent any other form of access.
10.19 The User shall comply with all applicable laws, including but not limited to financial regulations, customs regulations, information technology laws, prevention of money laundering laws, foreign contribution regulations, income tax laws, and export-import policies of the Government of India. The User is solely responsible for the payment of all applicable taxes, legal compliances, statutory registrations, and reporting related to the purchase and use of Antara Products and Services (if applicable).
11. Medical Advice and disclaimer
11.1 While the Products and Services provided by Antara may not necessarily require a prescription from a doctor, it is important for Users to prioritize their health and well-being. Users are advised to consult with a qualified physician or doctor before using any Products or Services.
11.2 Antara recognizes that each individual's health condition and medical history are unique. Consulting with a healthcare professional can provide personalized guidance, taking into account specific medical needs, potential risks, and potential interactions with existing medications or treatments. The advice and expertise of a qualified physician or doctor can help ensure the safety, efficacy, and appropriateness of any healthcare intervention.
11.3 It is particularly crucial for Users to consult with a physician or doctor Before purchasing any Product or availing of any Service from the Platform including but not limited to the following situations:
11.4 Users should be aware that the information and content provided on the Platform are intended for general informational purposes only and should not be considered a substitute for professional medical advice, diagnosis, or treatment. Antara does not endorse or guarantee the accuracy, completeness, or reliability of any information available on the Platform.
11.5 By acknowledging this provision, Users understand that Antara does not provide medical advice or establish a doctor-patient relationship. The Platform serves as a resource for information and access to healthcare-related Products and Services. Users are solely responsible for their healthcare decisions and should rely on the advice and expertise of qualified healthcare professionals for any medical concerns or questions they may have.
11.6 Antara disclaims any liability for decisions made by Users based on the information available on the Platform. Users should exercise their own judgment and seek appropriate medical advice from qualified professionals before using any healthcare-related Products or Services provided by Antara.
11.7 Antara acknowledges that while providing information, suggestions, or guidance regarding the use of Products and Services, it is not providing prescriptions or recommendations under healthcare or medical laws. The information shared on the Platform is for general informational purposes only and should not be considered a substitute for professional medical advice, diagnosis, or treatment.
11.8 Users understand and agree that any suggestions or guidance provided by Antara regarding the use of Products or Services are not intended to constitute a prescription or recommendation by a healthcare professional. The suggestions (if any) are based on general knowledge and information available at the time and may not be tailored to the individual health needs, medical history, or specific circumstances of each User.
11.9 Antara disclaims any liability for the decisions made by Users based on the suggestions or guidance provided on the Platform. Users are solely responsible for their health-related decisions and should rely on the advice and expertise of qualified healthcare professionals for any medical concerns or questions they may have.
11.10 By acknowledging this provision including other T&Cs of the Platform, Users understand and agree that any suggestions provided by Antara or any person acting on its behalf are not intended as prescriptions or recommendations under healthcare or medical laws. Users should exercise their own judgment and seek appropriate medical advice from qualified professionals before using any healthcare-related Products or Services provided by Antara.
12. Liability for White-Labelled Products:
12.1 Antara acknowledges that certain Products available on the Platform may be white-labelled Products, which are manufactured and supplied by third-party manufacturers ("Manufacturers").
12.2 Antara shall make reasonable efforts to ensure that the white-labelled products meet the necessary quality standards and specifications. However, Antara does not manufacture these Products and relies on the representations and warranties provided by the Manufacturers.
12.3 Antara shall not be held liable for any defects, damages, losses, or liabilities arising from the use or consumption of white-labelled Products. Any claims, disputes, or issues related to the white-labelled Products shall be directly addressed with the respective Manufacturers.
12.4 The Manufacturers shall be solely responsible for any manufacturing defects, product quality issues, non-compliance with applicable laws or regulations, or any other liabilities arising from the white-labelled products.
12.5 Antara shall not be liable for any direct, indirect, incidental, consequential, or special damages incurred by the Users or any third parties due to the use, consumption, or reliance on the white-labelled Products.
12.6 Antara shall not be liable for any costs, expenses, legal fees, or other liabilities incurred in relation to any claims, disputes, or legal actions arising from the white-labelled Products. The Users agree to indemnify and hold Antara harmless from any such claims or liabilities.
12.7 Antara may provide information and descriptions about the white-labelled products on the Platform. However, such information is provided on an "as is" basis, and Antara does not warrant the accuracy, completeness, or reliability of such information. Users are advised to review the Product information, labels, warnings, and directions provided by the Manufacturers and use their own judgment before using or consuming the white-labelled Products.
12.8 Users are encouraged to exercise their own judgment and discretion when purchasing and using the white-labelled Products. Antara recommends reading and following the instructions, warnings, and guidelines provided by the Manufacturers for the safe and appropriate use of the Products.
12.9 In the event that Antara is named as a party in any legal proceedings or claims related to the white-labelled Products, the users agree to release and discharge Antara from any and all liability, claims, demands, damages, costs, and expenses, including legal fees, arising out of such proceedings or claims in relation to or arising out of or in connection with the use or consumption of such white labelled Products.
12.10 Notwithstanding anything contained in the T&Cs, Antara’s liability for any claims arising out of or in connection with or in relation to the white-labelled products shall not exceed the amount paid by the User for purchasing the specific, white-labelled Product giving rise to the claim.
12.11 This limitation of liability shall apply to the fullest extent permitted by applicable law, regardless of the legal theory under which such liability is sought, whether in contract, tort (including negligence), strict liability, or otherwise.
12.12 The limitations of liability set forth in this clause shall survive the termination or expiration of any agreements between Antara and the Users and shall be binding on the Users and their successors, assigns, and legal representatives.
12.13 This liability clause shall survive the termination or expiration of any agreements between Antara and the users and shall be binding on the users and their successors, assigns, and legal representatives.
12.14 By using the Platform and purchasing the white-labelled products, the Users acknowledge and accept the limitations of liability stated herein and agree to abide by the T&Cs set forth in this liability clause.
13. Intellectual Property Rights:
13.1 Ownership and Scope of Intellectual Property: All text, graphics, audio, design, software code, user interfaces, visual interfaces, photographs, videos, trademarks, logos, service marks, trade names, trade dress, and other materials (collectively referred to as "Content") displayed on the Platform are the exclusive and proprietary property of Antara or its licensors, protected under applicable intellectual property laws. Antara owns all rights, title, and interest in and to the Content, including but not limited to copyrights, trademarks, patents, trade secrets, and other intellectual property rights. Unless explicitly stated, no rights or licenses are granted to users with respect to any intellectual property owned by Antara or its licensors.
13.2 Use Restrictions: Subject to compliance with the T&Cs, Antara grants you a limited, non-transferable, and non-exclusive license to access and use the Platform and its Content for personal, non-commercial purposes. This license does not grant you the right to copy, reproduce, modify, distribute, display, perform, publish, create derivative works from, or transmit any part of the Platform or its Content without the prior written consent of Antara. You must not engage in any activity that infringes upon or violates the intellectual property rights of Antara or any third party.
13.3 Third-Party Content and Marks: The Platform may contain Third Party Content, including Product descriptions, Service details, catalogues, news, videos, and photographs, which are provided for general information purposes only. Antara does not control or endorse such Third-Party Content and shall not be held responsible for any loss or damages arising from its use. The inclusion of Third-Party Content does not imply any certification, endorsement, or association with Antara.
13.4 Certain trademarks, service marks, logos, or trade names ("Marks") displayed on the Platform are the property of Antara, its vendors/sellers, or respective third parties. You are strictly prohibited from using the Marks without obtaining the prior written permission of Antara or the authorized owner of the Marks.
13.5 Copyright Infringement: Antara respects the intellectual property rights of others and expects users of the Platform to do the same. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement, please contact Antara's designated Copyright Agent, providing the necessary information as required by applicable laws.
13.6 Reservation of Rights: All rights not expressly granted to you under the T&Cs are reserved exclusively by Antara. Any unauthorized use of the Website, its Content, Marks, or other intellectual property owned by Antara may result in legal action and remedies available under applicable laws.
14. Disclaimer of Warrant and Liability:
14.1 ALL CONTENT, USER CONTENT, THIRD-PARTY CONTENT OR INFORMATION PERTAINING PLATFORM OR ANY PRODUCT OR SERVICES ARE PROVIDED TO YOU ON “AS IS” BASIS AND 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.
14.2 WHEN YOU ACCESS THE PLATFORM OR AVAIL OF ANY PRODUCT OR SERVICES AT OR THROUGH THE PLATFORM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, ANTARA AND ITS AFFILIATES, AGENTS, AND LICENSORS MAKES NO WARRANTY THAT:
- THE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE.
- THE QUALITY OF THE PLATFORM OR SERVICES WILL MEET YOUR EXPECTATIONS.
- ANY ERRORS OR DEFECTS IN THE PLATFORM OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANTARA OR THROUGH THE PLATFORM / CONTENT OR FROM THE USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs.
- PLATFORM WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THIS PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANTARA AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS PLATFORM BY YOU OR ANY THIRD PARTY.
14.3 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, ANTARA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO PLATFORM, CONTENT, USER CONTENT, PRODUCT SERVICES, THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHT, LIBEL, PRIVACY PUBLICITY, OBSCENITY OR OTHER LAWS. ANTARA ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD-PARTY CONTENT.
14.4 ANY MATERIAL, CONTENTS, SOFTWARE, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE PLATFORM IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ANTARA IS NOT LIABLE FOR THE AUTHENTICITY OF SUCH DATA/INFORMATION.
14.5 WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ANTARA BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
14.6 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ANTARA 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 PLATFORM OR ANY SERVICES, OR PRODUCT EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT IF YOU PURCHASE/DOWNLOAD THE PLATFORM FROM OTHER THIRD-PARTY SERVICE PROVIDERS (e.g. GOOGLE PLAY STORE, APPLE ETC.), THEN NEITHER ANTARA NOR ANY THIRD PARTY SERVICE PROVIDER SHALL BE HELD LIABLE FOR ERROR OR FAILURE ON THE PART OF THE PLATFORM TO FUNCTION PROPERLY. YOU SHALL FOLLOW THE RULES/GUIDELINES BEFORE DOWNLOADING/INSTALLING THE PLATFORM AS RECOMMENDED BY THIRD-PARTY SERVICE PROVIDERS.
15. Indemnification and Limitation of Liability:
15.1 Indemnity: You agree to indemnify, defend, and hold harmless Antara, its subsidiaries, affiliates, group companies, vendors, agents, and their respective directors, officers, employees, contractors, and agents (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, and interest chargeable thereon) asserted against or incurred by the Indemnified Parties arising out of or in connection with:
- Your breach of the T&Cs related to the use of the Platform.
- Claims made by any third party due to or arising out of your use of the Platform, including but not limited to any content, user content, or third-party content provided by you.
- Any claim that any content, user content, or third-party content provided by you caused damage to a third party.
- Your violation of any rights of another user, including intellectual property rights.
15.2 Antara may notify you of any claims for which you shall be liable to indemnify Antara. You will be required to consult with Antara regarding the course of action to be undertaken in defending such a claim. Additionally, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Antara without the express prior written consent of Antara, which can be withheld or denied, or conditioned by Antara in its sole discretion.
15.3 Limitation of Liability: Antara assumes no liability whatsoever for any monetary or other damages suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Platform.
- Any interruption or errors in the operation of the Platform.
15.4 Notwithstanding anything to the contrary in the Agreement(s), in no event shall Antara, its subsidiaries, 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.
- Damages arising from any theory of liability, including breach of contract or warranty, negligence, or other tortious action.
- Any other claim arising out of or in connection with your use of or access to the Platform, services, content, user content, or third-party content.
15.5 Antara's entire and aggregate liability to you under and in relation to these T&Cs or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the price or value of the Product of Service, if any, paid by you to Antara under the relevant order to which the cause of action for the liability relates.
15.6 You acknowledge and agree that the limitations and exclusions of liability and indemnity provided in the T&Cs are fair and reasonable, and you expressly understand and agree that the foregoing disclaimers, exclusions, and limitations of liability are an essential part of the T&Cs and the agreement between you and Antara.
16 Report Abuse & Your Feedback:
16.1 Antara advises its Users not to post or upload any content that constitutes an abuse of the Platform or violates any part of the T&Cs. This includes but is not limited to, engaging in racist, hateful, sexual, or obscene language in public areas. If you come across any instance of abuse or violation, or if you believe that any material, information, post, or feedback infringes upon your intellectual property rights or the rights of others, please promptly notify Antara. Antara is committed to taking appropriate action in response, which may include verifying the information provided and promptly removing or modifying the content, if necessary, to ensure compliance with the T&Cs and applicable laws.
- Your breach of the T&Cs related to the use of the Platform.
- Claims made by any third party due to or arising out of your use of the Platform, including but not limited to any content, user content, or third-party content provided by you.
- Any claim that any content, user content, or third-party content provided by you caused damage to a third party.
- Your violation of any rights of another user, including intellectual property rights.
16.2 Email Abuse and Threat Policy: Private communication, including email correspondence, is not regulated by Antara. Antara advises its Users not to engage in or send any abusive or threatening emails. Any reported instances of such behaviour will be thoroughly investigated, and Antara will take appropriate measures, including legal steps if required, to halt and address such practices.
16.3 Your Feedback: When you share any feedback or post comments, including User Content, on the Platform, please be aware that such information is deemed non-confidential. By sharing your feedback, you acknowledge and agree that Antara has the right to use, analyze, modify, reproduce, and distribute such feedback or User Content. Furthermore, you represent and warrant that your feedback does not contain confidential or proprietary information belonging to you or any third parties. You acknowledge that Antara is not under any obligation of confidentiality, either expressed or implied, with respect to the feedback you provide. Additionally, you understand that Antara may already be working on similar feedback or have similar ideas under consideration or in development. Consequently, you acknowledge that you are not entitled to any compensation or reimbursement of any kind from Antara for the feedback you provide, under any circumstances.
16.4 When you share any feedback or post comments, including User Content, on the Platform, please note that Antara reserves the right to review and moderate all user feedback before publication. Antara is at liberty to decide whether or not to publish any user feedback that is deemed inappropriate or violates the T&Cs of the Platform.
16.5 Antara may refrain from publishing user feedback on the Platform that contains, but is not limited to, the following:
- Content that is abusive, offensive, defamatory, or harassing towards any individual or entity.
- Content that infringes upon the intellectual property rights of others or violates any applicable laws or regulations.
- Content that contains personal information, sensitive data, or confidential information of any individual or entity without their consent.
- Content that promotes or incites violence, discrimination, or illegal activities.
- Content that is misleading, false, or deceptive in nature.
- Content that contains spam, advertisements, or promotional materials unrelated to the Platform.
16.6 Antara's decision to publish or not to publish user feedback is at its sole discretion and shall be final in this regard. By providing your feedback, you acknowledge and agree that Antara has the right to exercise this discretion and may choose not to publish any feedback that does not meet the appropriate standards or is in violation of the T&Cs of the Platform.
17 Miscellaneous Terms
17.1 Governing Law and Jurisdiction
- These Terms and Conditions ("T&Cs") and any disputes arising out of or in connection with the Platform shall be governed by and construed in accordance with the laws of India. The User and Antara are hereby collectively referred to as “Parties” hereafter.
- Any conflicts of law principles that would result in the application of the laws of any other jurisdiction are expressly excluded.
- Any dispute, controversy, or claim arising out of or relating to the Platform or these T&Cs, including their formation, interpretation, validity, performance, or termination, shall be subject to the exclusive jurisdiction of the competent courts at New Delhi.
- The parties agree that the courts at New Delhi shall have exclusive jurisdiction over all disputes arising in connection with the Platform or these T&Cs.
- The parties hereby submit to the personal jurisdiction of the courts situated in New Delhi and waive any and all objections to the exercise of jurisdiction over them by such courts.
- Notwithstanding the foregoing, Antara shall be entitled to seek injunctive or other equitable relief from any court of competent jurisdiction to prevent or halt the violation of intellectual property rights, unauthorized access to the Platform, or any other misuse of the Platform.
17.2 Survival
The provisions of these T&Cs that by their nature should survive termination or expiration shall survive and remain in full force and effect, including, but not limited to, provisions related to intellectual property rights, confidentiality obligations, limitation of liability, and dispute resolution provisions.
17.3 Severability
If any provision of these T&Cs is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. The parties shall negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that reflects the original intent of the parties.
17.4 Waiver
The failure of either party to enforce any provision of these T&Cs shall not be deemed as a waiver of that provision or the right to enforce it. Any waiver of any provision must be in writing and signed by the party granting the waiver. A waiver of any provision shall not be construed as a waiver of any other provision or a continuing waiver of the same provision in the future.
17.5 Amendments
Antara reserves the right to modify, amend, or update these T&Cs at any time without notice. Users will be deemed to have accepted any modified, amended, or updated T&Cs by continuing to access or use the Platform after the changes have been posted. It is the responsibility of Users to review the most current version of the T&Cs regularly.
17.6 Independent Parties
The relationship between Antara and the Users is that of independent parties. Nothing in these T&Cs shall be construed to create a partnership, joint venture, employment, or agency relationship between Antara and the Users. Neither party shall have the authority to bind the other or incur any obligation on behalf of the other party.
17.7 Entire Agreement
These T&Cs, including any additional terms and conditions or policies provided by Antara, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.
17.8 Force Majeure
Antara shall not be liable for any failure or delay in the performance of its obligations under these T&Cs due to events beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, strikes, lockouts, or government actions.
17.9 Third-Party Website Disclaimer
The Platform may contain links or references to third-party websites or resources. Antara does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites. Users acknowledge and agree that Antara shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party websites.
17.10 Notice
Any notice or communication required or permitted under these T&Cs shall be in writing and sent to the respective party's address or email address provided by the party. Notices shall be deemed effective upon receipt via email or three (3) business days after being sent by registered mail, whichever is earlier.