Privacy Policy
SHIVAAY MEDICARE & SERVICES
TERMS AND CONDITIONS | PRIVACY POLICY
Effective Date: September 14, 2022
Last Updated: July 12, 2024
1. INTRODUCTION AND SCOPE
1.1 Company Information
Shivaay Medicare & Services ("Company," "we," "our," or "us") is a registered healthcare service provider based in Lucknow, Uttar Pradesh, India. This document establishes the terms and conditions governing the use of our services, products, and website/digital platforms, along with our privacy practices.
1.2 Policy Application
These Terms and Conditions ("Terms") and Privacy Policy ("Policy") apply to all customers, clients, hospital partners, clinics, diagnostic centers, and healthcare professionals ("users," "clients," or "you") who purchase or use our products and services.
1.3 Agreement Acceptance
By engaging with Shivaay Medicare & Services, accessing our website, or purchasing our products/services, you acknowledge that you have read, understood, and agree to be bound by these Terms and this Privacy Policy. If you do not agree, please discontinue use immediately.
2. TERMS AND CONDITIONS
2.1 Description of Services
2.1.1 Service Scope
Shivaay Medicare & Services provides healthcare products and medical supplies including but not limited to medical equipment, pharmaceutical supplies, diagnostic kits, healthcare consumables, and related professional services to hospitals, clinics, diagnostic centers, and healthcare institutions across India.
2.1.2 Service Customization
We offer customized healthcare solutions based on specific client requirements and may modify service offerings periodically. We will notify clients of significant changes with reasonable advance notice.
2.2 Product Quality and Standards
2.2.1 Compliance Assurance
All products supplied by Shivaay Medicare & Services comply with:
Indian Standards (IS) issued by Bureau of Indian Standards
WHO (World Health Organization) guidelines
Applicable pharmaceutical regulations
Medical device regulations as per CDSCO (Central Drugs Standard Control Organization)
GST and tax compliance requirements
2.2.2 Quality Certification
We maintain proper documentation and certifications for all products. Clients may request quality certificates and compliance documentation upon purchase.
2.3 Pricing and Payment Terms
2.3.1 Pricing Structure
Prices are subject to market conditions and inventory availability
Bulk orders qualify for discounted pricing as per our existing rate structure
All prices are exclusive of GST unless otherwise stated
GST will be added as applicable based on client classification
2.3.2 Payment Methods
We accept payment through:
Bank transfers (NEFT/RTGS)
Cheque payments
Digital payments (UPI, online banking)
PayPal and other digital wallets (if applicable)
Credit/debit card payments
2.3.3 Payment Terms and Conditions
Standard payment terms: Net 30 days from invoice issuance (as mutually agreed)
Late payment: Interest @ 15% per month will be charged on overdue payments
Advance payment (50-70%) required for new clients (discretionary)
Payment must include all applicable taxes and GST
2.3.4 Invoice and Billing
All invoices will be issued within 24 hours of order confirmation. GST invoice will be provided for registered businesses; receipt/bill issued for others as applicable.
2.4 Delivery and Logistics
2.4.1 Delivery Terms
Delivery shall be on F.O.B. (Free on Board) or C.I.F. (Cost, Insurance, and Freight) basis as agreed
Delivery location: Specified hospital/clinic address provided by client
Delivery timeframe: Within 5-7 working days of payment confirmation (subject to availability)
2.4.2 Delivery Responsibility
After delivery and client acceptance, Shivaay Medicare & Services is not responsible for product damage, loss, or mishandling. Clients must inspect goods upon receipt and report discrepancies within 24 hours.
2.4.3 Shipping Damage
Claims for transit damage must be filed within 48 hours of delivery with photographic evidence. We will coordinate with logistics partners for resolution.
2.5 Returns and Refunds Policy
2.5.1 Return Conditions
Goods cannot be returned after acceptance except for manufacturing defects or quality issues
Returns must be reported within 7 days of delivery
Products must be unused, unopened, and in original packaging
2.5.2 Defective Products
Manufacturing defects will be replaced at no cost within 30 days of purchase. Clients must provide proof of defect with photographic documentation.
2.5.3 Refund Process
Refunds are issued only for defective products or non-delivery cases, processed within 14 days of verification. Refund amount excludes any shipping or handling charges.
2.6 Warranty
2.6.1 Product Warranty
All products come with manufacturer warranty as per specifications. Extended warranty options are available at additional cost.
2.6.2 Limitation of Liability
Shivaay Medicare & Services makes no warranties beyond those provided by manufacturers. We are not liable for:
Indirect or consequential damages
Loss of profit or business
Misuse of products
Improper installation or storage
Medical complications arising from product use
2.6.3 Medical Disclaimer
Healthcare professionals must use our medical products in accordance with established medical protocols, guidelines, and manufacturer instructions. The company assumes no liability for incorrect usage by healthcare providers.
2.7 Intellectual Property Rights
2.7.1 Company IP
All trademarks, logos, company names, content, and intellectual property belong to Shivaay Medicare & Services or our partners. Unauthorized use is strictly prohibited.
2.7.2 Client Restrictions
Clients agree not to:
Reproduce or distribute our content without permission
Modify or create derivative works
Use our IP for commercial purposes without authorization
2.8 User Responsibilities and Conduct
2.8.1 Professional Use
Clients agree to use our products and services only for legitimate healthcare purposes in compliance with applicable medical and pharmaceutical laws.
2.8.2 Prohibited Activities
Users must not:
Engage in fraudulent transactions or misrepresent credentials
Provide false information during ordering or registration
Use products for unauthorized purposes
Attempt to reverse-engineer or copy products
Violate confidentiality or privacy of other users
2.8.3 Account Responsibility
Clients are responsible for maintaining confidentiality of account credentials and are liable for all activities under their account.
2.9 Confidentiality
2.9.1 Confidential Information
Clients agree that business discussions, pricing negotiations, and technical specifications shared during our engagement are confidential and may not be shared with competitors without prior written consent.
2.9.2 Non-Disclosure
Both parties agree to protect confidential information and use it solely for the purpose of business engagement.
2.10 Term and Termination
2.10.1 Contract Duration
Service agreements commence upon order confirmation and continue until order fulfillment or mutual termination.
2.10.2 Termination Rights
Either party may terminate ongoing service agreements with 30 days written notice
Immediate termination is possible for material breach or non-compliance
Upon termination, all outstanding payments must be settled
2.10.3 Effects of Termination
Termination does not affect:
Payment obligations for goods already supplied
Confidentiality and IP protection obligations
Indemnification provisions
2.11 Liability Limitations
2.11.1 Maximum Liability
Shivaay Medicare & Services' total liability shall not exceed the purchase price of the specific product or service causing the damage.
2.11.2 Exclusions
The company is not liable for:
Indirect, incidental, or consequential damages
Loss of revenue, profits, or business interruption
Claims arising from user negligence or misuse
Third-party claims not directly related to our products
2.12 Dispute Resolution
2.12.1 Governing Law
These Terms are governed by the laws of India, specifically the State of Rajasthan.
2.12.2 Jurisdiction
All disputes arising from these Terms shall be subject to the exclusive jurisdiction of courts in Jaipur, Rajasthan. Clients agree to submit to this jurisdiction.
2.12.3 Dispute Resolution Process
Any dispute shall first be resolved through mutual discussion within 15 days
If unresolved, mediation through a neutral third party shall be attempted within 30 days
Unresolved matters shall be subject to arbitration or litigation as per applicable law
2.12.4 Applicable Law
This agreement is governed by:
Goods and Services Tax (GST) Act, 2017
Indian Contract Act, 1872
Consumer Protection Act, 2019
Applicable pharmaceutical and medical device regulations
2.13 Modifications to Terms
Shivaay Medicare & Services reserves the right to modify these Terms at any time. Significant changes will be communicated via email or website notification. Continued use constitutes acceptance of modified terms.
2.14 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.
3. PRIVACY POLICY
3.1 Introduction
3.1.1 Privacy Commitment
Shivaay Medicare & Services is committed to protecting your personal and business information. This Privacy Policy outlines how we collect, use, store, and protect data.
3.1.2 Policy Scope
This Policy applies to all information collected through:
Website and digital platforms
Direct business communications (email, phone, WhatsApp)
Order placement and service engagement
Customer support interactions
3.2 Information We Collect
3.2.1 Personal Information
We collect the following personal data:
Full name and designation
Organization/hospital/clinic name
Contact number and email address
Residential and business address
Payment and banking information
Medical license or professional credentials (where applicable)
3.2.2 Business Information
Company registration details
GSTIN and PAN information
Business license and certifications
Account history and transaction records
Correspondence and communication records
3.2.3 Technical Information
When you visit our website or digital platforms, we automatically collect:
IP address and device information
Browser type and operating system
Website pages accessed and time spent
Referral source and navigation patterns
Cookies and tracking technologies
3.2.4 Information from Third Parties
We may receive information about you from:
Payment processors and banking partners
Logistics and delivery partners
Other healthcare service providers (with consent)
3.3 How We Collect Information
3.3.1 Direct Collection
Information provided voluntarily by:
Filling online forms and registration
Placing orders or requesting quotes
Communicating via email, phone, or WhatsApp
Submitting inquiries or support requests
3.3.2 Automatic Collection
Website analytics tools
Cookies and tracking pixels
Server logs and security monitoring
3.3.3 Third-Party Collection
Information shared by business partners, payment gateways, and logistics providers.
3.4 Purpose of Data Collection
We collect and use your information for:
3.4.1 Service Delivery
Processing orders and fulfilling requests
Managing delivery and logistics
Providing customer support and technical assistance
Issuing invoices and managing accounts
3.4.2 Communication
Sending order confirmations and updates
Notifying about new products and services
Responding to inquiries
Updates about policy changes or service disruptions
3.4.3 Business Operations
Analyzing service quality and customer satisfaction
Preventing fraud and unauthorized access
Complying with legal and tax requirements
Maintaining financial records and GST compliance
3.4.4 Marketing (with Consent)
Sending promotional emails or WhatsApp messages
Offering special deals and discounts
Conducting surveys and feedback collection
Understanding preferences and improving services
3.4.5 Legal Compliance
Fulfilling obligations under GST, income tax, and other laws
Responding to government requests or legal proceedings
Regulatory compliance and audit requirements
3.5 Legal Basis for Processing
3.5.1 Consent
Where you have voluntarily provided information and agreed to its use.
3.5.2 Contractual Necessity
Information required to fulfill orders, provide services, and maintain business relationships.
3.5.3 Legal Obligation
Information collected to comply with Indian laws including GST Act, IT Act, Consumer Protection Act, and medical device regulations.
3.5.4 Legitimate Business Interest
Information used to improve services, prevent fraud, and analyze business performance.
3.6 Data Sharing and Disclosure
3.6.1 Authorized Sharing
We share your information with:
Logistics Partners: For delivery and shipping purposes
Payment Processors: For secure payment processing (banks, gateways)
Government Agencies: For GST, tax, and legal compliance
Professional Service Providers: Accountants, auditors, legal advisors
Healthcare Partners: Only with explicit consent for clinical collaboration
3.6.2 Restrictions on Sharing
We do NOT:
Sell personal data to third parties
Share information with unrelated businesses for marketing without consent
Disclose confidential business information
Transfer data to countries without adequate data protection (unless legally required)
3.6.3 Legal and Regulatory Disclosure
We may disclose information when required by law or court order, including compliance with:
GST return filings
Income tax authority requests
Law enforcement investigations
Medical regulatory bodies
3.7 Data Retention
3.7.1 Retention Period
We retain personal data for:
Active Client Data: Duration of business relationship + 7 years (for GST/tax compliance)
Transaction Records: 10 years (as required by GST rules)
Website Analytics: 12-24 months
Marketing Communications: Until consent is withdrawn
3.7.2 Deletion Upon Request
You may request deletion of personal data (where legally permissible) within 30 days of request, except where required for legal compliance.
3.7.3 Data Archiving
Historical data may be archived for legal, auditory, and compliance purposes and kept in secure storage.
3.8 Data Security
3.8.1 Security Measures
Shivaay Medicare & Services implements:
Encrypted data transmission (SSL/TLS protocols)
Secure password protection and authentication
Restricted access to authorized personnel only
Regular security audits and penetration testing
Firewalls and intrusion detection systems
Secure backup and disaster recovery procedures
3.8.2 Data Access Control
Only authorized employees with legitimate business need access personal data
All staff sign confidentiality agreements
Regular training on data protection and privacy practices
Audit logs tracking all data access and modifications
3.8.3 Payment Security
Payment information is processed through PCI-DSS compliant gateways. We do NOT store complete credit card details on our servers.
3.8.4 Security Limitations
While we implement industry-standard security, no system is completely immune to breaches. We cannot guarantee absolute security but commit to prompt disclosure if breaches occur.
3.9 Your Privacy Rights
3.9.1 Right to Access
You have the right to request and obtain copies of personal data we hold about you within 30 days.
3.9.2 Right to Correction
You may request correction of inaccurate or incomplete information. We will update records within 15 days.
3.9.3 Right to Withdrawal of Consent
You may withdraw consent for marketing communications and certain processing activities at any time by notifying us in writing or clicking "unsubscribe" links.
3.9.4 Right to Data Portability
Upon request, we will provide your data in a machine-readable format for transfer to another service provider.
3.9.5 Right to Be Forgotten
You may request deletion of personal data (where legally permissible and no legal obligation exists to retain it).
3.9.6 Right to Lodge Complaints
If you believe we have violated your privacy rights, you may file a complaint with relevant data protection authorities or regulatory bodies.
3.10 Cookies and Tracking Technologies
3.10.1 Cookie Usage
Our website uses cookies to:
Remember login information and preferences
Analyze website traffic and user behavior
Personalize user experience
Enable third-party analytics
3.10.2 Cookie Types
Essential Cookies: Required for website functionality
Performance Cookies: Track website usage and performance
Marketing Cookies: Enable personalized advertising
Social Media Cookies: For social media integration
3.10.3 Cookie Control
You may disable cookies in your browser settings, though this may affect website functionality.
3.11 Third-Party Links and Services
3.11.1 External Links
Our website may contain links to third-party websites. We are NOT responsible for:
Privacy practices of external websites
Content on linked sites
Data collected by third parties
3.11.2 Third-Party Services
We use services from:
Google Analytics for website traffic analysis
Payment gateways for transaction processing
Email marketing platforms (for consenting users)
3.11.3 Third-Party Privacy
Please review privacy policies of third-party services as they are responsible for their own data practices.
3.12 International Data Transfers
3.12.1 Primary Storage
Personal data is primarily stored in India and processed according to Indian law.
3.12.2 Cross-Border Transfers
If data is transferred internationally (rare), we ensure:
Equivalent data protection levels
Contractual safeguards (Data Processing Agreements)
Compliance with applicable laws
3.13 Children's Privacy
3.13.1 Age Restriction
Our services are intended for business and professional use by individuals 18 years and above. We do not knowingly collect data from minors.
3.13.2 Parental Notification
If we discover we have collected data from minors, we will delete it promptly and notify parents/guardians.
3.14 Indian Data Protection and Compliance
3.14.1 Applicable Laws
We comply with the Digital Personal Data Protection Act, 2023 (DPDP Act), Information Technology Act, 2000 (as amended), GST Act, 2017, and relevant CDSCO regulations for medical data handling.
3.14.2 Data Principal Rights (DPDP Act)
As a Data Principal under DPDP Act, 2023, you have the right to:
- Access your personal data held by us
- Seek correction or erasure of inaccurate/incomplete data
- Withdraw consent for data processing (where applicable)
- Grievance redressal through our Grievance Officer
3.15 Changes to Privacy Policy
3.15.1 Policy Updates
We may update this Privacy Policy periodically to reflect changes in practices or applicable laws.
3.15.2 Notification
Significant changes will be communicated via:
Email to registered clients
Website announcement
Written notice (for major updates)
3.15.3 Continued Use
Continued use of our services after policy updates constitutes acceptance of new terms.
3.16 Contact Us
3.16.1 Privacy Inquiries
For questions or concerns regarding this Privacy Policy, data access requests, or to exercise your privacy rights, please contact:
Shivaay Medicare & Services
Address: Flat No. 106, Lakshay Heights, Golf City, Sector B Ansal API, Lucknow, Uttar Pradesh, 226030
Email: 09BHOPY9016Q1Z1
Email: anuyad777@gmail.com
Phone: +91 63963 27659
Working Hours: 09:00 AM - 05:00 PM
3.16.2 Complaint Resolution
We will respond to privacy complaints within 15 days and work to resolve issues within 30 days.
3.16.3 Data Protection Authority
For unresolved complaints, you may contact:
State Data Protection Authority (where applicable)
Central Consumer Protection Authority, India
Ministry of Consumer Affairs, Government of India
4. ADDITIONAL PROVISIONS
4.1 Entire Agreement
This document constitutes the entire agreement between Shivaay Medicare & Services and clients regarding services, products, and privacy practices. Prior agreements and understandings are superseded.
4.2 Non-Waiver
Failure to enforce any provision does not constitute waiver of that provision or others.
4.3 Assignment
Clients may not assign rights or obligations under this agreement without written consent. Shivaay Medicare & Services may assign to successors or business partners.
4.4 Force Majeure
Neither party is liable for non-performance due to:
Natural disasters or acts of God
Government actions or restrictions
Pandemics or health emergencies
Transportation disruptions
Circumstances beyond reasonable control
4.5 Contact Information for Policy Matters
Registered Office:
Shivaay Medicare & Services
106, Sushant Golf City, Ansal API, Lucknow, Uttar Pradesh, 226030
GSTIN: 09BHOPY9016Q1Z1
PAN: BHOPY9016Q
Email: shivaaymedicare120788@gmail.com
Phone: +91 63963 27659
Website: https://shivaaaymedicare.odoo.com/
Policy Effective Date: September 14, 2022
This document is valid for official correspondence, business transactions, and regulatory compliance records.
Keep a copy for GST compliance, income tax records, and business documentation.