Terms of service

Theprimaryrx.com and theprimarywellness.com (“Website”) are online platforms for The PrimaryRx, a brand owned, operated, and controlled by KASE HEALTHCARE PRIVATE LIMITED (“Kase,” “The Primary,” “we,” “us,” or “our”). Kase Healthcare is a private limited company with its temporary office at Unit 8, Sagar Kunj, 78 Nepeansea Road, Mumbai - 400006, Maharashtra, India.

In using/accessing the Website, and any other applications, products, content, subscriptions and services (collectively, “Services”) made available by us, you (“customer”, or “user”) are deemed to have accepted the terms and conditions of the agreement listed below (“Terms” or “Agreement”) as is or as may be revised from time to time, which is for an indefinite period.

Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 years of age or older, are of sound mind and are not disqualified from entering into contracts by any law, can use and access the Website.

By using the Website, you expressly agree to be bound by these Terms and Conditions (“Terms” or “Terms and Conditions”) govern your usage, of the website, sale and purchase of the products on the website, access to Services, rights and obligations arising by usage of any feature of the Website. These Terms form a binding Agreement between Kase Healthcare Private Limited and you within the scope of Section 10A of the Information Technology Act, 2000 read with the Indian Contract Act, 1872.

These Terms are to be read together with the Privacy Policy and all other policies listed and notified on the Website. These Terms apply to all users of the Website, including without limitation users who are visitors, browsers, members, partners, and/or contributors of content. The Website is offered to you conditioned on your acceptance, without modification, of the Terms. 

We reserve the right to change the terms and conditions of the Terms, as per our discretion without any obligation to inform you and you agree that it is your responsibility to look through them as often as possible. If you do not agree to these Terms, you must not access the Website, purchase our products or use our Services. 

If you have any queries about the Terms or have any comments or complaints on or about the platform, please email us at care@theprimaryrx.com.

1.     MINORS

You must be at least 18 years of age to use or access the Website, to use our services, and to purchase or subscribe to our products. You may only access and use the Website in compliance with all applicable laws, rules and regulations. We specifically disclaim any and all liability, responsibility, or obligation to monitor or verify the age or legal status of any user. 

2.     OWNERSHIP OF RIGHTS

Kase Healthcare Private Limited reserves all rights to its brand name, trademarks, packaging, Information (defined below) and product formulations. Unauthorized resale, repackaging, or misrepresentation of Kase Healthcare Private Limited’s products is strictly prohibited and may result in legal action. Consumers are advised to verify authenticity before purchase.

The term “Information” for the purpose of these Terms shall mean the digital products, eBooks, PDF downloads, resource material and online content including but not limited to text, graphics, images, software, video, concepts and other original works of the authorship of Kase Healthcare Private Limited or which has been independently developed by Kase Healthcare Private Limited and any and all other proprietary and/or any other information and/or data which is provided and/or obtained pursuant to the Terms between you and Kase Healthcare Private Limited whether in relation to the submission and/or otherwise, whether in writing, pictorially, in machine-readable form, orally or by observation during their interactions/discussions.

You believe, and Kase Healthcare Private Limited agrees, that Kase Healthcare Private Limited’s Information has significant commercial value that would be diminished by unauthorized use or disclosure. You agree that you shall not use any advantages derivable from such information in your own business or affairs unless the same is done strictly in terms of, or pursuant to a “New Agreement” with Kase Healthcare Private Limited. You shall be held responsible and liable in case of a breach of these Terms both in your professional and personal capacity.

Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the written and explicit permission of Kase Healthcare Private Limited. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Website may be owned by third parties. 

This site is designed, updated and maintained by Kase Healthcare Private Limited or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Platform.

Unauthorized use of Information may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties. Kase Healthcare Private Limited also reserves the right to monitor your use and to alter or revoke your access to the Website at any time and for any reason. 

3.     LIMITED LICENSE FROM KASE HEALTHCARE PRIVATE LIMITED

Kase Healthcare Private Limited grants you a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable right to access and make personal use of the Website. Explicit attribution to Kase Healthcare Private Limited must be made if Information, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, re-publication or distribution of this material requires the express written consent of Kase Healthcare Private Limited. Kase Healthcare Private Limited allowing you this limited use does not constitute a waiver of any of our rights to or ownership of the Information.

4.     PROHIBITED USES

You agree not to, directly or indirectly:  

  • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Website; 

  • use or access the Website (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law, rule or regulation;

  • use the Website to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, including (but not limited to) based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  • reverse engineer, disassemble, decompile, modify, or translate any software or other components of the Website; 

  • distribute viruses or other harmful computer code through the Website;

  • use scrapers, robots, or other data-gathering devices not provided by Kase Healthcare Private Limited on or through the Website; regardless of the data delivery method, neither the Website nor the Services may be used in conjunction with a generative AI solution;

  • access or use the Website or Services via mechanical, programmatic, robotic, scripted or any other automated means;

  • attempt to gain unauthorized access to the Website, Services, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means;

  • remove or modify any proprietary notice, copyright notice, trademark legend, author attribution, or other notice placed on or contained within any of the Website or Services or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Website or Services;

  • upload to the Website the personal information of others that you are not authorized to provide or use the Website to collect or track the personal information of others;

  • provide any content, data or information to Kase Healthcare Private Limited that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;

  • use the Website or Services in a way that suggests you are a representative of Kase Healthcare Private Limited;

  • use the Website or Services as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Website or Services;

  • infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;

  • interfere with or disrupt the proper functioning of the Website or Services, Kase Healthcare Private Limited’s or any third party’s systems used to host the Website, or other equipment or networks used to provide the Website or Services; 

  • circumvent the security of the Website or any host, network, or account related thereto; 

  • use any application programming interface to access the Website or Services; 

  • fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Website or Services; 

  • allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, Kase Healthcare Private Limited for someone other than the individual identified in the account information; 

  • access or attempt to access Information by any means other than through the means provided by Kase Healthcare Private Limited;

  • cause damage to Kase Healthcare Private Limited’s business, reputation, employees, members, facilities, or to any other person or legal entity;

  • otherwise, use the Website or Services in any manner that exceeds the scope of use granted above; or

  • attempt to do any of the acts described in this Section 4, or assist or permit any person to engage in any of the acts described in this Section 4. 

 Any use that violates these Terms, gives Kase Healthcare Private Limited the right (without notice or liability) to revoke the aforementioned license, cancel any order or subscription, or to refuse, restrict, terminate or discontinue your access to the Wesbite, Information, or Website Content (or any portions, components, or features thereof). We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

5.     ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION  

We regularly update the offerings on the Website. Although Kase Healthcare Private Limited attempts to provide accurate information on the Website (including as to product descriptions and pricing information), we may experience delays in updating information on the Website and in our advertising on other websites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. Services may be mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

6.     ACCOUNT REGISTRATION & USE

You may choose to create an account on the Website to access our Services. When you create an account, you will be required to select a username and/or password and you may be required to provide certain personal information about yourself (such as identification, contact details, etc.). You agree to provide us with accurate and complete registration information, and we disclaim any liability arising from your failure to do so. We reserve the right to refuse registration of an account or terminate your account at our sole discretion, including in the event of a violation of these Terms or any actions or communications towards Kase Healthcare Private Limited’s employees or agents that consist of (at Kase Healthcare Private Limited’S sole determination) harassment, abuse, insult, defamation, slander, disparagement, intimidation or discrimination, including (but not limited to) based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

You are responsible for safeguarding your account information, including your password for your account. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree to immediately notify Kase Healthcare Private Limited of any unauthorized use of your password. Users are the sole creators of their accounts and Kase Healthcare Private Limited may not independently verify the information provided.

7.     THIRD-PARTY LINKS

Certain Services available via the Website may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. 

8.     USER COMMENTS, FEEDBACK, TESTIMONIALS, AND OTHER PERSONAL INFORMATION / SUBMISSIONS

We may provide various open communication tools on our Website to submit comments, feedback, and information, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, and product ratings and reviews. You are responsible for all data, chats, texts, messages, submissions, product ratings and reviews, or other materials that you post, transmit or otherwise make available to the Website (collectively, "User Submissions").  

By providing User Submissions, you grant Kase Healthcare Private Limited and related entities a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, transmit, modify, index, adapt, publish, translate, distribute, display, create derivative works from, and otherwise exploit such User Submissions and your name, persona, or likeness throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity. You grant all rights described in this paragraph in consideration of your use of the Website and our Services and without the need for additional compensation of any sort to you. Kase Healthcare Private Limited does not claim ownership in the User Submissions. 

We may, but have no obligation to, monitor, edit or remove User Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms. You represent and warrant that your User Submissions will not (i) violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights, (ii) contain libelous or otherwise unlawful, abusive or obscene material, or (iii) contain any computer virus or other malware that could in any way affect the operation of the Website. We have the right at our sole discretion to remove any User Submissions that we feel, in our judgment, do not comply with these Terms.

Moreover, if you provide us with any personal information relating to another individual, whether via User Submissions or otherwise, then you represent and warrant that you have the authority to do so and to permit us to use the information in accordance with these Terms and our Privacy Policy. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Submissions. You are solely responsible for any User Submissions you provide and their accuracy. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.

9.     MEDICAL DISCLAIMER

Kase Healthcare Private Limited’s products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease. Nothing stated or posted on this Website or available through any Services should be construed as medical advice, nor should it be considered a substitute for professional medical consultation. For purposes of these Terms, the practice of medicine includes, without limitation, providing health care treatment, instructions, diagnosis, prognosis, or prescribing medication.

These products should be used under the guidance of a qualified healthcare professional. Our formulations comply with the regulatory requirements of the Food Safety and Standards Authority of India (FSSAI) and do not require a medical prescription. However, individual responses to supplements may vary, and users should consult a physician or other qualified health provider before using any product, especially if they have a pre-existing medical condition, are pregnant, nursing, or taking prescription medications.

10.  NUTRITION SCIENCE

The fields of nutrition, health, and dietary science are continuously evolving, with ongoing research leading to new discoveries and insights. While Kase Healthcare Private Limited strives to provide accurate, up-to-date, and research-backed information, we acknowledge that scientific consensus may change over time. The information presented on this website, including product descriptions, health-related content, and any references to clinical research, is based on current scientific understanding at the time of publication.

Users are encouraged to consult healthcare professionals for personalized advice, as individual health needs may vary. Kase Healthcare Private Limited does not guarantee that the information provided will always reflect the latest research or medical guidelines, and we disclaim any liability for health decisions made based on outdated or evolving scientific data.

11.  SALES CHANNELS

Kase Healthcare Private Limited’s products are exclusively available for purchase through our official websites (theprimaryrx.com and www.theprimarywellness.com) and via licensed medical professionals. We do not authorize the sale of our products through any third-party e-commerce platforms, online marketplaces such as Amazon, Flipkart, or offline retail stores. Any purchase from an unauthorized seller is at the buyer’s risk, and Kase Healthcare Private Limited disclaims any liability for such transactions, including product authenticity, storage conditions, and quality assurance.

12.  PRICING & AVAILIABILITY

If you wish to purchase any Service made available through our Website, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of a secure third-party service to facilitate payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties.

You agree to pay and authorize Kase Healthcare Private Limited’s third-party payment processor to charge the full amount that may accrue about your subscription to use our Website.

We are not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution. By making a purchase, you agree that we may charge you the price listed at the checkout screen and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time to time. 

All orders must be pre-paid. Orders will only be sent out or available for download (for electronic products) after the full payment is cleared from your end.

The prices for Services provided under these Terms will be as set out on our Website at the time you apply for the Services. All prices are in Indian Rupees/US Dollars unless otherwise stated, and inclusive of taxes.

The Payments for the Products available on the Website may be made in the following ways:

  1. Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, UPI, QR, PayPal and reward points

  2. Cash on Delivery.

The prices and availability of the Products, offers and services provided or offered on the Website are subject to change without prior notice and at the sole discretion of Kase Healthcare Private Limited. 

The prices displayed on the Website are inclusive of goods and sales tax (“GST”) but do not include a delivery charge. For all orders under INR 500 (Indian Rupees Five Hundred only), a delivery charge of INR 50 (Indian Rupees Fifty only) shall be levied. All orders above INR 500 (Indian Rupees Five Hundred only) shall be delivered without any delivery charges (to serviceable areas only.) The prices and offers in offline stores and online on websites and portals other than the Website may vary from the prices displayed on the Website.

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or order. These restrictions may apply to orders placed by the same account, the same credit/debit card, and also to orders that use the same billing and/or shipping address. We will provide a notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to anyone as we may deem fit. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or Services, errors in your order or other reasons. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

13.  SHIPPING

We partner with third-party logistic service providers to effectuate product shipping and delivery to you (“Logistic Partner”.) We shall provide the details of the Logistic Partner on the email ID / mobile number provided by you / registered with us, which will be responsible for processing the shipping and delivery of any products purchased by you on the Website until such the product/products are processed and successfully handed over to you by the logistic partner. 

You agree and understand that though we effectuate product delivery to the users through our logistic partner, we reserve the right to ship and deliver the products on our own without engaging any logistic partner or third-party service providers.

All risk of loss shall pass to you immediately upon delivery of our products.

Shipping Information: You are solely responsible for providing us with accurate shipping information and a valid phone number or email address. You shall ensure that all information that is submitted by you to us on the Website is true, complete, accurate and sufficient to identify the actual place of delivery. You understand and agree that you shall bear absolute liability in case of any failure by us in delivering the purchased products due to your failure to provide correct, complete, sufficient and accurate information at the time of placing the order. It is further clarified that we shall not be liable in any manner and at any point in time due to your failure to provide correct and complete information to enable us to execute a successful delivery of the products.

If any product is returned to us as a result of your failure to provide us with accurate shipping information, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the product to us or in re-sending the product to you.

Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that cannot be delivered due to an address error, or orders seized by customs.

Dispatch Times: Our standard dispatch timelines range from between 5 to 7 business days (excluding Saturday and Sunday) from the date of order of the product by you on the Website. You may be provided with an estimated timeline for the delivery of the products purchased on Kase Healthcare Private Limited. This estimated timeline shall be notified to you on the order confirmation page displayed at the time the order is confirmed by us.

While we make reasonable endeavours to ensure that purchased products are delivered to you promptly and within the timeline notified to you, you accept and acknowledge that the delivery may be delayed on account of: 

  • Logistical issues beyond our control. 

  • Unsuitable weather conditions.

  • Political disruptions, strikes, employee lockouts, etc. 

  • Acts of God such as floods, earthquakes, etc.

  • Other unforeseeable circumstances.

 

In such events of delay, we shall make a reasonable attempt to inform you by writing to your email ID and/or mobile number registered with us. We disclaim all liabilities that may arise on account of our failure to inform or notify you of delays in the delivery of purchased products on the Website. Further, we shall be under no obligation to compensate you for any claim that may otherwise arise on account of delay in the shipment delivery or use of the purchased products. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Tracking: Once you place an order on the Website, we process such an order, your products are inspected for a thorough quality check to ensure the products are in perfect condition, and then it is packed and handed over to our trusted logistic partner. The user will receive a unique tracking identity number once the purchased products are handed over to the logistic partner, which will enable the user to track the status of delivery of the purchased products. The user may use the tracking identity number on the website or the website and/or the mobile application of the logistic partner to check the status and location of the purchased products and their estimated time of delivery. Our customer service team coordinates with the logistic partner to ensure that the products are delivered to you at the earliest and makes all reasonable efforts to ensure that the logistic partner updates the tracking status of the purchased products on a real-time basis. It is clarified that we engage third-party service providers to effectuate deliveries of the products and hence, we do not guarantee the accuracy or correctness of the tracking status and the status may be subject to inconsistencies arising out of time-lags in updating the information and/ or other technical difficulties which are not in our control.

 Shipping Fees: We reserve the right to charge or collect shipping fees on products from time to time. Shipping charges may vary based on the value of the product, type of product, area of delivery, payment mechanism, etc. You agree that we are authorised to collect, on behalf of the logistic partner, the shipping and delivery fees for the delivery service provided by the logistic partner. In the event we charge a shipping fee for the delivery of purchased products, such shipping fees will not be refunded by us under any return request raised by you. However, we may make exceptions and refund the shipping fees in the event a defective, damaged, deficient or incorrect product (for reasons attributable to, and accepted by us after due verification in our sole discretion) has been delivered. You acknowledge and accept that the title and risk of all products ordered by you shall be passed on to you upon the delivery of the purchased products. You agree that the logistic partner is authorized to collect cash on our behalf for ‘cash on delivery’ orders.

Returns: Return of purchased products is facilitated through our reverse-logistic partner. On receipt of the request for the return of products and the same being duly acknowledged by us, our reverse logistics partner shall get in touch with you to collect the purchased products from you. We process returns and exchanges of purchased products with our Refund Policy.

 Serviceable Areas: Currently, Kase Healthcare Private Limited ships only within India. We do not offer international shipping at this time. Any orders placed with an international shipping address will be canceled and refunded (subject to applicable processing fees).You agree and understand that though we endeavour to ship and deliver our products all across India, we may, in our sole discretion determine a select list of areas that are unserviceable for the delivery of products, from time to time. We or our Logistic Partner do not provide shipping and delivery services in such unserviceable areas and may not process your orders on the Website in such cases. In the event an area has been deemed unserviceable by us, we shall notify such users at the time of placing an order for the purchase of products on the Website. Currently, we do not ship internationally (out of India.)

Integrity: We endeavour to engage logistic partners, employees, and agents with the highest regard for ethics and integrity; and behave in a fashion that exudes thorough professionalism, competence and good mannerism. You agree and acknowledge that the actions and inactions of delivery individuals are not in our control, and we can’t monitor and observe each delivery executive. Since we are merely facilitating the delivery of products purchased by you, we shall not be liable for any acts or omissions on the part of our delivery agents, employees, or personnel and/ or the logistic partner or their employees, agents, or personnel including deficiency in service, wrong delivery of products, time taken to deliver the product, product package tampering, etc. For the sake of abundant clarity, it is stated that any ill-mannerism, impoliteness, discourtesy or offensiveness shown by our delivery executives or the employees, agents, or personnel of the Logistic Partner is beyond our control and any issue arising between you and our delivery executive or an employee, agent, personnel of the logistic partner will have to be resolved by you, independently. You agree and acknowledge that you will not hold us responsible or require us to settle, mediate or resolve any disputes between you and the delivery personnel delivering the products to you.

 12. CANCELLATIONS, RETURNS, & REFUNDS

We would accept the request for the return of a product subject to the terms of this policy.

You must raise a request for return within two (2) days of receipt of the order if you are returning the products for any of the following reasons (collectively, “Defective Delivery”):

  • Product is damaged;

  • Product is missing;

  • Empty box delivered;

  • Duplicate product delivered;

  • Used product delivered;

  • Incorrect/wrong product delivered;

  • Expired product delivered; and

  • Empty product delivered.

You acknowledge and agree that Kase Healthcare Private Limited will be unable to accept your return request for Defective Delivery if you fail to raise such request within the stipulated return window for Defective Delivery.

If you initiate a return of one or more products in a bundle then we will initiate a return of the bundle as a whole and not individual products in the bundle, subject to the terms of this policy. Therefore, if you intend to return one or more products in a bundle, then you are required strictly not to open or use any other product(s) in the relevant combo pack. We reserve the right, at our sole discretion, to reject a return request for a combo pack if the products in the combo pack have been opened/used by you. 

You agree that Kase Healthcare Private Limited will not process return requests for the following reasons:

  • Product is damaged due to misuse/overuse;

  • Returned without original packaging including, price tags, labels, original packing, freebies and other accessories or if original packaging is damaged;

  • The product has been used/consumed;

  • The serial number is tampered with;

  • Free product provided by brand;

  • For issues like rashes, stomach upset, headache, flavour like/dislike, flavour difference from one brand to another etc. products would not be applicable for return;

  • The products must be received by Kase Healthcare Private Limited within 5 (five) days from the day of delivery, no returns will be accepted after this period;

  • Incorrect shipping information is provided at the time of placing the order;

  • Failure to comply with the return policy stated above;

  • The tags on the product should be intact and be returned in original packing;

  • You must provide your purchase order number as received when your order was placed through the Site;

Only unused/unopened products in original packing are eligible for returns.

Along with a return request, consumers are requested to share the following details:

  • Purchase/Order ID

  • Your Name and Address

  • Items you want to return

  • Reason for return

  • Images of the damage to the product (attached to the email).

 Following your email request, we will investigate the same and respond the next business day. Once we receive a return email request, we will initiate a reverse pickup. A service representative will visit you for the pick-up within 1 to 3 days of you filing for a return.

Please be informed that when you opt to cancel or return the products, upon our verification of the products and the documents relating thereto, the refund amount for such products which are eligible for return, will be initiated as per the terms of this policy.  

We will initiate the refund within a period of 7-14 (seven to fourteen) business days (depending on the mode of payment) from the date we receive the products at our warehouse and verify the defect or the non-compliance in the products. Your refund will be processed only when the conditions as may be stipulated by Kase Healthcare Private Limited are fulfilled. The refund amount will be credited to the original payment mode opted for by you. You acknowledge that after initiation of the refund, it may take additional time for your refund to reflect in your account which is subject to your financial institution or payment solution provider’s terms and conditions. 

Please be informed that for products, for which you had opted for ‘Cash on Delivery’ as a payment mode, you will receive refunds in your bank account. You will be requested to share your bank details for us to process the refund. We do not make any cash refunds.

Sometimes banks or financial intermediaries take a longer time to process the refund request. However, if the refund does not happen within the period suggested above, you may contact us and we would be happy to help. 

Note: If our reverse pick-up service is not available at your location, you will need to self-ship the product via a reliable courier partner. After we receive your products and verify them against your complaints, we will initiate a replacement/refund (according to your preference). 

14.  PRODUCT STORAGE 

Our products require appropriate storage conditions, including protection from excessive heat, moisture, and direct sunlight. Once delivered, Kase Healthcare Private Limited is not responsible for any deterioration due to improper storage. Refunds or returns will not be accepted for damage caused by improper handling post-delivery.

15.  NO RESALE POLICY

The resale or redistribution of Kase Healthcare Private Limited’s products without explicit written authorization is prohibited. Products purchased through our website or authorized dermatologists are intended for personal use only. Any attempt to resell, commercially distribute, or alter packaging for resale purposes will be considered a violation of our Terms and may result in legal action.

16.  INDEMNIFICATION

We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this Website. These Terms and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Mumbai. All disputes will be subject to arbitration in Mumbai in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, of 1996. Each party to arbitration shall bear its own cost. 

You agree to defend, indemnify and hold harmless Kase Healthcare Private Limited, its employees, directors, officers, agents and their successors and assigns from and against any claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Kase Healthcare Private Limited or any third party including but not limited to a breach of any warranties, representations or undertakings or about the non-fulfilment of any of your obligations under these Terms or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, the claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms.

17.  DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Website for indefinite periods or shut down the Website at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website is at your sole risk. 

We do not guarantee or warrant the security of your information or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law.

The Information and Services delivered to you through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, and we hereby disclaim any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Kase Healthcare Private Limited does not warrant that the Website or any portion of the Website, or Website content, will be uninterrupted, secure, or free of errors, viruses, or other harmful components. 

In no case shall Kase Healthcare Private Limited, its directors, officers, employees, agents, contractors, interns, suppliers, service providers or licensors 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 (where applicable) or otherwise, arising from your use of any of the Website, Services, or Information procured from Kase Healthcare Private Limited, or for any other claim related in any way to your use of the Website or any Service, 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 Website or any Service posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. 

In no event shall Kase Healthcare Private Limited be liable, under these terms or otherwise for any damages over the amount you paid for use of the Website or Services. Such limitation shall extend to all liability or potential liability, including for personal injury or wrongful death.

 18.  COMMUNICATIONS

You understand that once you have successfully registered on Kase Healthcare Private Limited, you may receive SMS, Whatsapp or email notifications from us relating to your registration and transactions on Kase Healthcare Private Limited.

You may also receive such notifications regarding any marketing / promotional activities that may be available on Website from time to time. By sharing your account information and registering on Website and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorised representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018. 

We may also send notifications and reminders concerning the services on Kase Healthcare Private Limited. While Kase Healthcare Private Limited endeavours to provide these notifications and reminders to you promptly, Kase Healthcare Private Limited does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.

You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from Kase Healthcare Private Limited at any time by following the instructions set out in such communications or by writing to us at care@theprimaryrx.com.

19.  SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

20.  CONTROL OF THE SITE; MODIFICATION OF TERMS; TERMINATION 

We reserve the right at any time to modify or discontinue the Website or Services (or any part or content thereof) without notice at any time. The obligations and liabilities of the parties incurred before the termination date shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Website or the Services (or any part thereof).

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies any user rights or obligations, we will endeavour to post notice of the modification on the Website for a reasonable period. Any disputes concerning or related to the Website will be resolved by the version of these Terms that was in effect at the time the dispute arose.

21.  ENTIRE AGREEMENT

The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the site or in respect to the Website constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

22.  CONTACT INFORMATION

The Website is offered by Kase Healthcare Private Limited. You may contact us by emailing us at care@theprimaryrx.com. You may also contact us by writing to: 

Kase Healthcare Private Limited

Unit 8 Sagar Kunj,

78 Nepeansea Road.

Mumbai – 400006.