Terms of service

These Terms of Service (“Terms”) are a legally binding agreement between Cyberbells ITES Services Pvt Ltd, a company incorporated under the Companies Act, 2013 with its registered office at 1st & 2nd Floor, SCO 11, Industrial Area Phase II, Chandigarh 160002, India(“Cyberbells”, “Company”, “we”, “us”), and the person or entity that registers for or uses the PharmaBells platform (“Subscriber”, “you”). They are an electronic record under the Information Technology Act, 2000 and need no physical signature.

By clicking “I agree”, registering an account, or using the Platform, you accept these Terms and our Privacy Policy on behalf of the pharmacy you represent. If you do not agree, do not use the Platform.

1. Definitions

• “Platform” — the PharmaBells website, web application, mobile applications, APIs and related services.
• “Subscriber” — the pharmacy, medical store, clinic or hospital counter that holds the account.
• “Staff” — each individual the Subscriber gives a login to.
• “Plan” — the subscription tier chosen by the Subscriber, with the limits and features published at https://pharmabells.com/pricing.
• “Subscriber Data” — all data the Subscriber and its Staff enter into the Platform, including Customer Data as defined in the Privacy Policy.
• “Fees” — the subscription charges for the Plan, exclusive of GST.

2. Eligibility and representations

By using the Platform you represent that: (a) you are at least 18 years old and competent to contract under the Indian Contract Act, 1872; (b) you are authorised to bind the Subscriber; (c) the information you provide is accurate and will be kept current; (d) you will use the Platform only in India and only for lawful business purposes; and (e) your account has not previously been suspended or terminated by us.

3. The service and licence

3.1 Subject to these Terms and payment of Fees, we grant the Subscriber a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its own pharmacy business during the subscription term.

3.2 The Platform is provided as a service. We may improve, modify or add features at any time. We will not remove a capability included in your Plan during a paid term without 30 days’ notice and, where the capability is material, a proportionate credit.

3.3 Mobile applications are subject additionally to the terms of the store they are downloaded from (Google Play, Apple App Store).

4. Accounts and Staff

• Registration requires a valid email address and Indian mobile number, which we verify.
• The Subscriber is responsible for all activity under its account and its Staff logins, for keeping passwords confidential, and for removing Staff who leave. The Platform keeps an audit trail of actions by login; shared logins defeat it.
• Accounts may not be created by automated means, and one person may not hold several accounts to evade Plan limits.
• Notify us immediately at akhil.cyberbells@gmail.com of any unauthorised use.

5. Fees, payment and refunds

5.1 Plans and Fees. Fees for each Plan are published on the pricing page and in the application at the time of purchase. Fees are in Indian Rupees, billed yearly in advance, and are exclusive of GST, which is added at the applicable rate. A GST tax invoice is issued for every payment.

5.2 Free trial. New Subscribers receive a free trial of the length stated for the Plan. No payment is taken during the trial. If no Plan is purchased when the trial ends, the account becomes read-only.

5.3 Payment. Payments are processed by Razorpay Software Private Limited by card, UPI or net banking. Where the Subscriber enables auto-renewal, a mandate is created with Razorpay and the renewal Fee is charged before the term ends; the mandate can be paused or cancelled from Plan & billing at any time.

5.4 Plan changes. Upgrading mid-term charges the new Plan’s Fee less a pro-rata credit for the unused part of the current term, shown before you confirm. Downgrading converts that credit into additional days on the new Plan; credits are not paid out.

5.5 Refunds. Refunds are governed by our Refund & Cancellation Policy, which forms part of these Terms.

5.6 Non-payment. If a renewal is not paid, the account becomes read-only until it is. Subscriber Data is retained for 90 days after expiry and then deleted in accordance with the Privacy Policy.

5.7 Price changes. We may change Fees for a subsequent term with at least 30 days’ notice before renewal.

6. Subscriber obligations and pharmacy compliance

6.1 The Subscriber is solely responsible for holding and maintaining every licence, registration and qualification required to run a pharmacy where it operates, including under the Drugs and Cosmetics Act, 1940 and Rules, 1945, the Pharmacy Act, 1948, the Narcotic Drugs and Psychotropic Substances Act, 1985 and applicable state rules. The Platform records licence numbers, expiry dates and drug schedules and reminds you of them; it does not confer any licence and is not a substitute for a registered pharmacist.

6.2 The Subscriber is responsible for the accuracy of what it enters — medicine names, batches, expiry dates, prices, GST rates, HSN codes, licence numbers — and for the correctness of invoices, GST returns and stock records generated from that data. Reports are computed from your entries; we do not verify them against your books.

6.3 Where the Subscriber enables the sale of items not in recorded stock (“negative billing”), it accepts that stock and margin figures are provisional until purchases are entered.

6.4 The Subscriber is the data fiduciary for its Customer Data (Privacy Policy, Section 4) and must obtain any consent and give any notice the law requires to its customers and patients.

7. Prohibited use

You must not: (a) copy, resell, sublicense, rent or provide the Platform to third parties; (b) reverse engineer, decompile or attempt to extract source code; (c) scrape, crawl or extract data from the Platform other than through the export features provided; (d) upload malware, or attempt to probe, bypass or breach any security or rate limit; (e) use the Platform to send unsolicited commercial messages, or to store or transmit unlawful, infringing or defamatory material; (f) access another Subscriber’s data or attempt to; (g) misrepresent your identity or affiliation; or (h) use the Platform in a way that could damage, disable or impair it.

8. Subscriber Data and intellectual property

8.1 Your data is yours. The Subscriber owns all Subscriber Data. We claim no rights in it and use it only to provide the Platform, as described in the Privacy Policy. You may export it as CSV at any time during the term and for 90 days after.

8.2 Our platform is ours. The Platform, its software, design, drug master database, documentation, trademarks (including “PharmaBells” and the bell mark) and all related intellectual property belong to Cyberbells or its licensors. Nothing in these Terms transfers them to you.

8.3 Drug master. The shared medicine catalogue is provided for convenience and compiled from published sources and Subscriber corrections. It may contain errors; verify against the product packaging before dispensing.

8.4 Feedback. Suggestions you send us may be used to improve the Platform without obligation to you.

9. Third-party services

The Platform relies on third parties — Razorpay for payments, cloud infrastructure, email and SMS delivery providers, and app stores. Their services are governed by their own terms, and we are not responsible for their acts or omissions, though we choose them with care and hold them to contractual obligations. A current list is available on request.

10. Communications

You consent to receive transactional communications from us electronically — by email, SMS, in-app notification and push notification — including invoices, renewal and payment notices, security alerts, licence reminders and changes to these Terms. Product and marketing communications can be switched off from your notification preferences. Where you instruct the Platform to send a message to your customer (for example an emailed invoice), it is sent on your behalf and under your responsibility.

11. Availability, support and backups

We aim to keep the Platform available at all times and back up Subscriber Data daily, but no online service can promise uninterrupted operation. We may perform maintenance with reasonable notice where practical. Support is provided by email and through the in-app ticket system during business hours (Mon–Sat, 10am–7pm IST); Enterprise Plans receive priority handling.

12. Term, suspension and termination

12.1 These Terms apply from registration until the account is closed.

12.2 The Subscriber may close its account at any time from Settings or by written notice. Fees for the remainder of a paid term are not refunded except as the Refund Policy provides.

12.3 We may suspend or terminate an account, with notice where practicable, if the Subscriber materially breaches these Terms, fails to pay, uses the Platform unlawfully, or where required by law. We may suspend immediately where necessary to protect the Platform or other Subscribers.

12.4 On termination, the licence in Section 3 ends. Subscriber Data remains available for export for 90 days and is then deleted in accordance with the Privacy Policy. Sections 6, 8, 13, 14, 15 and 17 survive termination.

13. Disclaimer of warranties

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT REPORTS AND CALCULATIONS WILL BE CORRECT WHERE THE UNDERLYING DATA WAS ENTERED INCORRECTLY. THE PLATFORM IS A BUSINESS TOOL AND DOES NOT PROVIDE MEDICAL, PHARMACEUTICAL, LEGAL OR TAX ADVICE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CYBERBELLS ITES SERVICES PVT LTD AND ITS DIRECTORS, EMPLOYEES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS IN ANY TWELVE-MONTH PERIOD SHALL NOT EXCEED THE FEES PAID BY THE SUBSCRIBER TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Nothing in these Terms limits liability that cannot be limited under Indian law.

15. Indemnity

The Subscriber agrees to defend, indemnify and hold harmless Cyberbells and its directors, employees and agents from any claim, loss, liability, damage or expense (including reasonable legal fees) arising from: (a) the Subscriber’s or its Staff’s use of the Platform; (b) breach of these Terms; (c) the Subscriber’s sale or dispensing of medicines, or any regulatory non-compliance; (d) the accuracy of Subscriber Data; or (e) any claim by the Subscriber’s customers or patients concerning their data.

16. Modifications to these Terms

We may amend these Terms. Material changes will be notified in the application and by email at least 15 days before they take effect; the “last updated” date shows the current version. Continued use after the effective date is acceptance. If you do not accept a change, you may close your account before it takes effect.

17. Governing law and dispute resolution

17.1 These Terms are governed by the laws of India.

17.2 Any dispute arising out of or in connection with these Terms shall first be raised with our Grievance Officer (Section 18). If not resolved within 30 days, it shall be referred to and finally resolved by arbitration by a sole arbitrator appointed by mutual consent, under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Chandigarh, and the language English.

17.3 Subject to the above, the courts at Chandigarh shall have exclusive jurisdiction.

18. Grievance Officer

For complaints or concerns about the Platform or these Terms, contact the Grievance Officer appointed under the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020:

• Name: Akhil Kumar
• Email: akhil.cyberbells@gmail.com
• Phone: +91 75600 29425 (Mon–Sat, 10am–7pm IST)
• Address: Cyberbells ITES Services Pvt Ltd, 1st & 2nd Floor, SCO 11, Industrial Area Phase II, Chandigarh 160002, India

Complaints are acknowledged within 48 hours and resolved within 30 days.

19. General

• Entire agreement. These Terms, the Privacy Policy and the Refund Policy are the whole agreement between you and us about the Platform and replace any prior understanding.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or successor with notice to you.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including internet or power failure, acts of government, epidemic or natural disaster.
• Severability. If any provision is held unenforceable, the rest remain in effect.
• Waiver. A failure to enforce a provision is not a waiver of it.
• Relationship. The parties are independent contractors; nothing here creates a partnership, agency or employment.
• Notices. Notices to you are sent to the Subscriber’s registered email; notices to us go to akhil.cyberbells@gmail.com or the address above.