Terms of Service

OVERVIEW
Welcome to ADAM! The terms "we", "us" and "our" refer to ADAM. The ADAM website is owned and operated by BASKR Health (Pvt) Limited, a company incorporated in Sri Lanka with company number PV00329126 and registered office at 331/2A, Sarappa Mawatha, Welihena South, Kochchikade. ADAM operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience and healthcare services (the "Services"). ADAM is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. We reserve the right to update, change, or replace any part of these Terms of Service from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible on our website. Please review these Terms of Service before each order you place so that you are aware of any changes to them. Your continued use of ADAM's products and/or services following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age and you are a resident in Sri Lanka. We deliver products only to addresses in Sri Lanka. We reserve the right to cancel your order and suspend or cancel your account if you are, or we have reason to believe you are, using an address forwarding service. This is to ensure that we are restricting access to our services in geographies outside of Sri Lanka.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You are responsible for providing us with your correct name, address, date of birth, email, telephone number, and, where relevant, healthcare provider details. Failure to do so may result in cancellation of your account.

You agree not to register more than one account with ADAM. We reserve the right to suspend or cancel your account if you have, or we have reason to believe that you have, created multiple ADAM accounts.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity, and for restricting access to your computer to prevent unauthorised access to your account. Please contact us if you believe that someone has accessed your account without your permission. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - MEDICAL CONSULTATIONS AND PATIENT RECORDS
Online Consultations: Some of our products and services require you to complete an online consultation. This includes a short questionnaire about your health and wellbeing that you take before receiving treatment. You must complete the online consultation truthfully and to the best of your knowledge. The online consultation should be completed by you, for you. It is very important that if you are unsure of an answer, you check it with your regular healthcare provider. We and our partners, including our prescribers, will rely on your responses for the purposes of medical assessment and to determine if the treatment is suitable for you. If you don't understand something in the questionnaire, please contact us.

You should always tell your healthcare provider about any treatment and medication we supply. We will give you the option of passing on your information to your healthcare provider during the online consultation process.

ID Verification: If your treatment includes a prescription-only medicine, we will verify your identity automatically once your prescription has been approved by a member of our clinical team. If we are unable to verify your identity in this way, you will receive an email asking you to provide us with a copy of your passport, driver's licence, birth certificate, or residence permit. These are securely stored and are required to process your order.

Patient Records: By signing up with ADAM, you are creating an electronic patient record within ADAM which will contain your personal details, treatments, consultations, and test results, as well as a record of these Terms of Service and the Privacy Policy which you accepted. You acknowledge and agree that we may archive your electronic patient records for a minimum of 8 years following your last order or prescription. If there are any changes in your medical condition, you are required to email clinic@theadamclinic.com to let us know.

Phone Clinic Consultations: You can book a phone clinic consultation at a date and time that suits you. If you are unable to make the consultation, you can cancel and receive a full refund provided you do so at least 24 hours before the start. If the clinician needs to cancel or postpone and an alternative time cannot be arranged, you will be refunded. We shall not be liable for any medical information we are unable to communicate to you if you are unable to access the consultation for any reason within your control.

SECTION 3 - OUR PRODUCTS AND SERVICES
We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ depending on your device. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations.

All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

Use of the Products: You are responsible for checking that the medicine is the correct medicine prescribed by us and that such medicine is not damaged in any way. Do not consume any medicine which is not the medicine prescribed or which is damaged. All product information is for educational purposes, and we make no assurances or guarantees as to its completeness or accuracy. Always read all product packaging and labels carefully before use. Please make sure that only you have access to your medicines. In the event of a medical emergency, call a doctor or emergency services immediately. All unused medication should be returned to your local pharmacy for safe disposal.

SECTION 4 - ORDERS AND PRESCRIPTIONS
When you place an order, you are making an offer to purchase. Your order is not accepted until ADAM confirms acceptance.

Non-prescription: If you order a product that is a non-prescription medicine, you may still need to take an online consultation. In some cases, you will be charged after placing your order.

Prescription-only: You may be given the option to show a preference for a treatment option. A member of our clinical team will review your responses and assess your suitability. We aim to process your request within 24 hours. If we decide your selected treatment is not suitable, we will reject your prescription and you will not be charged. If you are suitable, a prescription will be issued, you will be charged, and your first prescription delivery will be passed to our partner pharmacy. Professional codes of conduct and legal restrictions may limit the quantity and frequency of any product supplied.

Repeat Prescriptions: Most prescriptions are issued on a repeat basis based on our clinician's medical assessment. Your repeat prescription will expire after you have exhausted all of your repeats or after the duration of your prescription has expired. You can request to cancel or pause your prescription indefinitely at any time by contacting customer services or through your ADAM account. We cannot dispense more medication than permitted on your prescription (usually not more than one repeat every 30 days). We reserve the right to cancel your subscription if you notify us of any significant side effects or adverse change in your medical condition.

Cancellation by us: We may cancel your order if: we have insufficient stock, we do not deliver to your address, we cannot obtain authorization for your payment, we cannot verify your identity or age, or the product was listed at an incorrect price. If we cancel your order, we will refund you within 30 days.

SECTION 5 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

You agree to provide current, complete and accurate purchase, payment and account information, and you represent and warrant that you are authorized to use the credit card provided.

SECTION 6 - SHIPPING AND DELIVERY
We use registered delivery carriers. Your delivery will be posted through the letterbox when possible and does not normally require a signature. It is your responsibility to ensure that nobody else can access the products delivered to you (e.g., children or animals).

We are not liable for shipping and delivery delays caused by events outside our control. If your delivery has been delayed by more than 7 days, please contact us for a free redelivery. If your delivery is delayed being dispatched by our providers, you may request to cancel and receive a full refund.

SECTION 7 - RETURNS, CANCELLATIONS, AND REFUNDS
For safety reasons, we do not accept returns of medical products, including prescription or non-prescription medicine. Unwanted medicine should be taken to a local pharmacy for safe disposal.

We are unable to offer refunds for returned prescription treatments unless they are damaged, defective, or the wrong product has been sent to you. You can cancel your order for prescription treatment up until the point it has been approved by a clinician.

For non-medical products, you have 14 days to change your mind beginning after the day you receive the products (excluding sealed products not suitable for return due to hygiene reasons, unless damaged/faulty).

If a product (including medical) is damaged, defective, or wrongly sent, please notify us as soon as possible. We will replace or refund the product. Refunds will be issued to your original payment method.

SECTION 8 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design thereof, are owned by ADAM, its affiliates or licensors and are protected by intellectual property laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any material without prior written consent. ADAM's names, logos, and designs are trademarks of ADAM. Shopify's trademarks belong to Shopify.

SECTION 9 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties. We provide access to such tools "as is" and "as available" without any warranties. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 10 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided by third parties. We are not responsible for evaluating the content or accuracy of third-party websites. We are not liable for any harm or damages related to your access to third-party websites.

SECTION 11 - RELATIONSHIP WITH SHOPIFY
ADAM is powered by Shopify, which enables us to provide the Services to you. However, sales are made directly with ADAM. Shopify is not responsible for any aspect of sales between you and ADAM. You release Shopify from all claims arising from your transactions with ADAM.

SECTION 12 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which sets out the terms on which we handle your personal data. Because the Services are hosted by Shopify, certain personal information may be subject to Shopify's Privacy Policy. Information you submit will be transmitted to and shared with Shopify and our partners.

SECTION 13 - FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute such Feedback for any purpose. We are under no obligation to maintain Feedback in confidence or pay compensation.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, shipping, and availability. We reserve the right to correct any errors and to change or cancel orders if information is inaccurate at any time without prior notice.

SECTION 15 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services for unlawful purposes, to violate regulations, to infringe upon intellectual property rights, to harass, abuse, or defame others, to submit false information, to upload viruses, or to spam, phish, or scrape the Services. We reserve the right to suspend or terminate your account for violating any prohibited uses.

SECTION 16 - AGENTS
No Agent (software or service that takes autonomous action) may access or interact with Services unless it identifies itself by including "Agent/[agent name]" in the user agent string and does not conceal its automated nature. We may limit how Agents interact with the Services.

SECTION 17 - TERMINATION
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice. Certain sections (Intellectual Property, Limitation of Liability, etc.) will survive termination.

SECTION 18 - DISCLAIMER OF WARRANTIES
The information presented on the Services is for general information purposes. EXCEPT AS EXPRESSLY STATED BY ADAM, THE SERVICES AND PRODUCTS ARE PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

SECTION 19 - LIMITATION OF LIABILITY
All of the content on ADAM is to be considered general information and not intended to amount to medical advice. If you are seeking medical advice, you should contact a doctor or clinician. We cannot accept liability for any damages which result from your failure to provide truthful and accurate information, or your failure to follow advice given by ADAM or pass relevant information to your healthcare provider.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ADAM, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR SHOPIFY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED, INCLUDING LOST PROFITS OR LOSS OF DATA. We do not exclude or limit in any way our liability to you where it would be unlawful to do so (such as for death or personal injury caused by negligence).

SECTION 20 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ADAM, Shopify, and our affiliates from any claims, including reasonable attorneys' fees, due to your breach of these Terms, your violation of any law, or your use of the Services.

SECTION 21 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, the provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the remaining provisions.

SECTION 22 - WAIVER; ENTIRE AGREEMENT
The failure to exercise or enforce any right shall not constitute a waiver. These Terms constitute the entire agreement between you and us, superseding any prior agreements.

SECTION 23 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or your rights without our prior written consent. We may transfer or assign these Terms without notice.

SECTION 24 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of Sri Lanka. You and we both agree that the courts of Sri Lanka will have exclusive jurisdiction.

SECTION 25 - HEADINGS
The headings used are for convenience only and will not limit or otherwise affect these Terms.

SECTION 26 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 27 - MAKING A COMPLAINT
If you wish to make a complaint, please see our Make a Complaint page or contact us using the details below.

SECTION 28 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:

ADAM (BASKR Health (Pvt) Limited)
Email: help@theadamclinic.com or accs.baskr@gmail.com
Address: 331/2A, Sarappa Mawatha, Welihena South, Kochchikade, Sri Lanka
Phone: +94765548544
Company Registration Number: PV00329126