Terms & Conditions
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.medmylife.in website and its mobile applications.
What is this application?
This application is operated by Medmylife Healthcare Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013. Use of the Website is provided to the user, subject to acceptance of all the terms, conditions, and notices contained in these Terms, including applicable policies which are incorporated herein by reference, along with any amendments/modifications made by the Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s). For the purpose of these Terms of Use, wherever the context so requires, "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Account Information (defined below) during registration on the Website as a registered User using the computer systems or Mobile Device. The Company shall not be required to notify the user, whether as a registered user or not, of any changes made to the Terms and Conditions ("Terms"). The revised Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to visit our Website regularly to view the current Terms and Conditions. It is your responsibility to check the Terms periodically for changes. The Company may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Website and the Services provided on the Website. If no such separate consent is sought, your continued use of the Website following changes to the Terms will be considered as your express acceptance of those changes. By using this Website or any facility or service provided by this Website in any way, or merely browsing the Website, you agree that you have read, understood, and agreed to be bound by, including without limitation, these Terms, the Website's Privacy Policy, and such other rules, guidelines, policies, terms, and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing, or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms, and conditions shall be deemed to be incorporated into and considered as part and parcel of these Terms of Use. The Company shall not be liable to deliver any Products purchased by You for delivery in locations outside India. The User agrees to use the service to authorize an individual and get the products from a third party on his/her behalf.
. Use of the Website is provided to the user, subject to acceptance of all the terms, conditions, and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments/modifications made by the Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s). For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Account Information (defined below) during registration on the Website as a registered User using the computer systems or Mobile Device. Company shall not be required to notify the user, whether as a registered user or not, of any changes made to the Terms and Conditions ("Terms"). The revised Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to visit our website regularly to view the current Terms and conditions. It is your responsibility to check the Terms periodically for changes. Company may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Website and the Services, provided on the Website. If no such separate consent is sought, your continued use of the Website, following changes to the Terms, will be considered as your express acceptance of those changes. By using this Website or any facility or service provided by this Website in any way; or merely browsing the Website, you agree that you have read, understood and agreed to be bound by, including without limitation, these Terms, the Website's Privacy Policy, and such other rules, guidelines, policies, terms, and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing, or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms, and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. Company shall not be liable to deliver any Products purchased by You for delivery, in locations outside India. The User agrees to use the service to authorize an individual and get the products from the third party on his/her behalf.Services
Here we facilitate the user for Doctor appointment booking for in-clinic and video consultation, purchase of medicines/Health & Wellness products, various other medical services like Dialysis booking, Hospital/Clinic Management Information System and also offer services like Laboratory test by Company's various registered third-parties (third-parties shall for the purpose of this Terms, include without limitation third-party retail pharmacies, third-party labs, ("Products and Services"). The sale & purchase/transaction between the registered third-parties and the user, of Products and Services, facilitated by the requisition placed by the user on the Website shall be governed by these Terms. Company is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the third-parties. Company further reserves the right to change or modify these Terms of Use or any policy or guidelines of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications made will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications.
Online Platform
We facilitate the purchase of drugs and other pharmaceutical products, Healthcare (OTC & Wellness Products) Products and services offered by third-party retail pharmacies (“Retail Pharmacies or Third Party Pharmacies”). The Company and the Website merely provide hosting services to You and persons browsing/visiting the Website. All items offered for sale on the Website, and the content made available by the Retail Pharmacies, are third-party user-generated contents and third-party products. The Company has no control over such third-party user-generated contents and/or Pharmaceutical Goods and Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The quality of the Pharmaceutical Goods and Services made available by the Retail Pharmacies through the Website shall be the sole responsibility of the Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website and mobile application. The Company does not take any representation or warranty as to the legal title of the Pharmaceutical Goods and Services offered for sale by the Retail Pharmacies on the Website. The right, title, claim, or interest in the products sold through the Website shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Website. The Company is not responsible for delayed, non-performance, or breach of contract entered into between You and the third party for the purchase and sale of goods or services offered by such Third Party Pharmacies on the Website; The Company gives no guarantee that the concerned third-party pharmacies will perform any transaction concluded on the Website. The Company is not responsible for the Pharmaceutical Goods and Services which are out of stock, back ordered, or otherwise unavailable but were shown as available on the Website at the time of placement of order by You. Your use of the Website, you must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, you represent and warrant to Medmylife Healthcare Private Limited that you are 18 (eighteen) years of age or older, and that You have the right, authority, and capacity to use the Website and agree to and abide by these Terms of Use. These Terms of Use is published is governed by the provisions of Indian laws, including but not limited to:
- the Indian Contract Act, 1872 (“Contract Act”);
- the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
- the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
- the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
- The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
- Pharmacy Act, 1948 (“Pharmacy Act”);
- the Consumer Protection Act, 1986.
You agree and acknowledge that the respective third-party pharmacies are exhibiting Third Party Content, includes catalogue of drugs/pharmaceutical products or services, and information in relation to such drugs/pharmaceutical products or services, on the Website. The content available on the Website, including without limitation, text, copy, audio, video graphics, etc is for reference information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the third-party pharmacies on the Website or any professional medical advice, diagnosis, treatment, or recommendation of any kind. Further, the Company shall not be responsible for ensuring that the content made available is not misleading and describes the actual condition of the Pharmaceutical Goods and Services. Also, you acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity of the information provided on the Website and You must do Your own check. The Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third-parties.
Prescription Drugs
In order to purchase drugs and pharmaceutical products that requires a valid prescription, you are required to upload a scanned copy of the valid prescription on the Website. Third-Party Pharmacies will verify the prescription forwarded by You and in case of any discrepancy observed by the third-party pharmacies, the order will be cancelled by the third-party pharmacies immediately. You are also required to make the original prescription available at the time of receipt of delivery of the order. You shall also allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
Substitution of Prescribed Drugs
You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/doctor has himself/herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name. You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
Invitation to Offer for Sale
The listing of drugs and other pharmaceutical products on the Website by the Third Party Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Pharmacies (“Offer”). Post the Offer from the Third Party Pharmacies, the Company shall send an email to You with the information on the Offer along with the details of the concerned Third Party Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third Party Pharmacy(s) after the validation/verification of the prescription by such Third Party Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/pharmaceutical products), by way of a confirmatory email to be sent to You. It is hereby clarified that any reference of the term ‘offer/offered for sale by the licensed Retail Pharmacies’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such licensed Retail Pharmacies.
Transfer of Property and Completion of Sale
Upon acceptance of the Offer by the concerned licensed Retail Pharmacies (being the brick and mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/personal supervision of the pharmacist of the licensed Retail Pharmacies, wherever required under the applicable law(s). You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned licensed Retail Pharmacies. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned licensed Retail Pharmacies itself. The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned licensed Retail Pharmacies (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
Drugs Delivery
The Pharmaceutical Drugs and Services shall be delivered by the licensed Retail Pharmacies or independent contractors. You accept and acknowledge that the courier/delivery personnel, engaged by the licensed Retail Pharmacies or the Company, shall be User Agent of the delivery of the Pharmaceutical Drugs and Services from the concerned licensed Retail Pharmacies to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.
Diagnostics Services
The Company provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/package facilities offered by third-party labs (“Labs”) through the Website. Further, the Company shall in no event be responsible for the tests conducted and reports generated by the third-party labs. The Company only provides facilitation services to the Users of the Website. User and the Labs agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions. Notwithstanding anything to the contrary contained herein, Labs alone shall be liable for Labs’ dealings and interaction with the Users who avail the services of the Labs or diagnostic centres contacted or managed through the Website and the Company shall have no liability or responsibility in this regard. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Labs or any diagnostic centre or any third party through the Website. The Company, upon its discretion, may suspend labs or Users ability to use or access the Website at any time when the Company observes a breach of these Terms of Use or for any other reason. The Company shall have no liability or responsibility towards any wrong information on the Website with regard to the Labs.
Online Doctor Consultancy
The Company is a facilitator of healthcare services that provides healthcare products and services to the Users. The words “Your Physician” or “Your Doctor” or “Healthcare Provider” or similar words on the Website, shall be interpreted and mean the User’s personal doctor with whom the User has a doctor-patient relationship. The third party registered medical practitioners are not related to Company but merely providing medical consultation to You with Your consent. Any information about the doctors, including but not limited to their name, photographs, qualifications, experience and specialties, that may be provided on the Website, is for information purposes only and such information shall not be deemed to amount to an advertisement of the doctor, and/ or the services provided by such doctor. You agree and acknowledge that the third party registered medical practitioners are independent contractors, whose services are being availed by You upon your implied/explicit consent and hence, the Company, in no event, shall be directly or vicariously liable for any advice or medical consultancy or any loss arising from the third party registered medical practitioners. You agree and acknowledge that any e-prescription issued pursuant to any online consultancy shall be issued by Your Doctor and would be issued in compliance with applicable laws of India. Where such prescription is not a valid prescription, the same would not be used for dispensation of medicines by any pharmacist including the Retail Pharmacies. We will only act as an aggregator in the event You request Us to process the e-prescription or any form thereof (whether original or scanned copy of the original prescription). We will have no responsibility or liability in such events. You agree and acknowledge that it shall be at your sole responsibility and risk to ensure that all prescriptions that are uploaded are properly issued by Your Doctor. The Company does not recommend any specific registered medical practitioner(s), tests, products, opinions or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. You should follow the advice of your Doctor at all times. The Services are not for use in medical emergencies or for critical health situations and may not be the best solution where a face-to-face consultation is required. In case of any medical emergency, You should call Your nearest doctor/hospital or any related helpline and seek immediate medical assistance without any delay. You shall not take any decision in relation to any medical emergency or medical matter without first consulting Your Doctor and should under no circumstances, delay seeking advice from Your doctor on account of something that You may have heard/viewed on the Website. Further, it is Your responsibility for ensuring that the information submitted is accurate and the Company shall not make any effort to validate any information provided by You for using the Services with respect to content, The opinions, statements, consultation via digital mode provided by the third party registered medical practitioners through the Website shall not reflect the opinions of the Company, its affiliates, etc. The Company makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error-free. This includes loss of data or any service interruption caused by the Company employees. The Company is not responsible for transmission errors and corruption of data.
Registration
To use certain features of the Website/App (e.g., ordering Products, posting rating/reviews, receiving Medmylife newsletters), you must set up an account with Medmylife.in and provide certain information about yourself as prompted by the Customer Information form, including, your name, gender, age, email address, account password, mobile phone number, and billing/shipping address. All your registration information is protected by our Privacy Policy.
Medmylife Healthcare Private Limited will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorized use of your Medmylife account, you shall immediately notify Medmylife.in. You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information. Your Medmylife Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Medmylife Account. It is your responsibility to keep your email address up to date on your account setup at Medmylife.in/app so that we can communicate with you electronically. By creating this account, you agree to receive communications from us via email, telephone, SMS, and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.
Your personally identifiable information will be used in accordance with our Privacy Policy. To understand our practices, as to how we collect, use, and disclose your personally identifiable information, please refer to our Privacy Policy, which also governs your visit to Medmylife.in. We understand the privacy of all information you provide is of primary importance. This is why we do everything possible to use it carefully and sensibly. This information is never shared with other companies or third-party service providers.
You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions he/she makes using the Website. Company will not be responsible for any financial loss, inconvenience, or mental agony resulting from misuse of Your ID/password/credit card number/account details number for using the Website. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Company for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on Your browser. Company does not store personally identifiable information in the cookies.
Payment Policy
While availing any of the payment methods available on the App/Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by you and between ‘Banks’, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
All payments made against the services on the App by you shall be compulsorily in Indian Rupees. The Website/App will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Website/App. All our product prices include all applicable statutory taxes. We make every effort to make sure that the pricing and availability of Products on our Website/App are accurate and up to date. However, rarely, there may be an error on the pricing of a product, or an error related to product availability. In such cases, we are not responsible for any typographical errors, and we reserve the right to cancel the sale. We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice. There might be delivery charges applicable depending on the delivery location, timing, and the type of products/services you choose.
Company does not guarantee the identity of any third parties, nor does it ensure that a User or a third party will complete a transaction. You, as a User, shall hand over a copy of the prescription, at the time of delivery, for the delivery of Products which as per law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such Products shall be made only if the third party or its agent/employee is satisfied that the prescription is in compliance with applicable norms.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees. Refund shall be subject to User complying with these Terms of Use. Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach of any policy. The User and third-party acknowledge that Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond the control of the Company. You acknowledge that Company is a mere facilitator and does not fall within the purview of the Food Safety and Standards Act, 2006 and the rules framed thereunder. You acknowledge that Company is a mere facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder. The User also agrees to pay a nominal fee for the same.
You, as a User, shall electronically notify the Company using the appropriate Company’s Website features immediately upon Delivery or non-Delivery within the time period as provided in these Terms of Use. Non-notification by You of delivery or non-delivery within the time period specified in these Terms of Use shall be construed as a deemed delivery in respect of that particular order. Delivery times may vary depending on the delivery location as well as the type of product you order. You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or Cash on Delivery.
Use of Information On the Website/App
The information on this Website/App is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of a qualified healthcare professional with any questions you may have about your medical condition. Medmylife.in does not endorse any views or opinions that may be included in the Website/App Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and Medmylife.
Communications
By using this Website/App, it is deemed that you have consented to receiving calls, auto-dialled and/or pre-recorded messages or calls, from us at any time with the use of the telephone number that has been provided by you for the use of this Website/App, subject to the Privacy Policy. This includes contacting you through information received through other parties as well as contacting other parties through the information you provide to us. The use of this Website/App you also consent to receive SMSs from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop the contact with us for the same, you may send us a mail to the effect at support@Firstmedix.com. You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties, and obligations under other agreements, contracts, and policies followed by us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies. The sharing of the information provided by you will be governed by the Privacy Policy. We will not give out your contact information to third parties not connected with the Website/App and the services offered by it, and/or for any purpose not in furtherance of the activities and aims of the Company. Please refer to the 'Privacy Policy' for more information.
Eligibility
The membership/usage of the Website/App is restricted to those above 18 years of age, or to such group that can be termed to have attained 'majority' under the laws of the respective jurisdictions where this Website/App can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation minors, un-discharged insolvents etc. are not eligible to use the Website. The Products shall also not be available to any Users suspended or removed from the company’s system for any reason whatsoever. If You do not conform to the above qualification, you will not be permitted to put a requisition for the Products through the Website. By accessing and using this Website, you represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, you may avail the services provided by the Website, through Your legal guardian in accordance with the applicable laws.
Company reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years. Company reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same. You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party. You understand the App downloaded/or the website you use on to your phone or tablet is owned by us and we may automatically upgrade the App/website and these Terms shall apply to the upgrades as well.
User Obligations
You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted. You shall not, nor allow third parties on your behalf to (i) make and distribute copies of the Website/App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website/App; or (iii) create derivative works of the Website/App of any kind whatsoever. You agree not to access (or attempt to access) the App and/or the materials or Services by any means other than through the interface that is provided by the Website/App. The use of deep-link, robot, spider or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App. You acknowledge and agree that by accessing or using the Website/App or Services, you may be exposed to content from other users that you may consider offensive, indecent, or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App. Further, you may report such offensive content by sending us an e-mail to our official e-mail address.
If Website allows You to post and upload any material on the Website, you hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.
- Engage in any activity that interferes with or disrupts access to the Website or the services (or the servers and networks which are connected to the Website).
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
Company has no obligation to monitor such communications by You. However, Company reserves the right to review materials posted by You and to remove any materials in its sole discretion. Company reserves the right to terminate the User's access to any or all of such communication services provided by Company at any time without notice for any reason whatsoever. Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion. Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.
You agree that You are solely responsible to Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach. You agree and acknowledge that Company is not the third party of the Products and Company shall in no manner be deemed to be the third party of the Products on this Website. Company is only facilitating the purchase of the Products by You from the third parties by providing the services to You. You also agree that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users. You agree that the Website may not be used for illegal purposes. The Information and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices. You agree and acknowledge that the exchanges between the third party registered medical practitioners and the You over telephone and the e-prescription would be accessible to the Company for the purposes of monitoring the quality of the consultation. The consultation provided by the third-party registered medical practitioner shall be done vide a secured recorded line.
Cancellation, Return and Refund Policy
For medicine and Health care products, an order can be cancelled from the ‘Order details’ screen on the Website before it is marked as out for delivery. Else, you can refuse it at the time of delivery and a refund will be processed into the payment source, in the event the order amount was paid online. For Diagnostic service an order can be cancelled anytime unless it is marked 'Sample Collected' by the third-party phlebotomist. Else, you can refuse sample pick up at the collection location and a refund will be processed into the payment source, in the event the order amount was paid online.
Return Policy
Our return policy gives you an option to return the medicines purchased within 7 days of delivery. You are requested to keep the copy of the invoice/bill from the licensed Retail Pharmacies handy for verification. Medicine(s) which are opened, partially used or disfigured are not eligible for returns. Please check the package carefully at the time of delivery. Refrigerated items not eligible for returns e.g. Injections, Vaccines etc.
Return Process: You can raise a request to return Your medicine(s) within 7 days of delivery with these simple steps: Go to My Orders > Select the respective order and click on 'RETURN > Select the item You wish to return with original quantity. We will pick up the return items within 1 to 3 days from the date of request. Please keep the return package ready in its original packaging.
Healthcare Products: Our return policy gives you an option to return the healthcare products purchased within 2 days from the date of delivery however Products shall not be eligible for a return under the following circumstances:
- If the product is a consumable item;
- If the product has been tampered;
- If the product packaging and/or packaging box and/or packaging seal has been tampered;
- If it is mentioned on the product detail page that the product is non-returnable
- Any accessories supplied with the product are missing;
- If the product does not have a serial number or UPC number;
- Any damage/defect which is not covered under the manufacturer's warranty;
- The product is without original packing and accessories;
- If the product is damaged due to misuse;
- Below mentioned Products or Categories are not eligible for Return.
Medical Test Refund
In case of medical tests, a Refund request may be raised in the following cases:
- If the patient has suffered from Haematoma or any prick related injury;
- If the report has been challenged and no proper justification (i.e. reasonable clarification provided either by the diagnostic centre) has been provided;
- If the time limit within which a report has to be provided to the patient is breached by 72 (seventy-two) hours and no proper justification (i.e reasonable clarification provided by the diagnostic centre) has been provided.
Refund Policy
We do our best to ensure that you are completely satisfied with our products. And we are happy to issue a full refund based on the conditions listed below:
- Full Refund Possible if:
- you received a defective item;
- the ordered item(s) is lost or damaged during transit;
- the ordered item(s) is past its expiry date.
Once the refund has been initiated for eligible returns as mentioned above, the amount is expected to reflect in your account as per the following timelines:
- NEFT: 1-3 business days post refund initiation;
- Online refund: 7-10 business days post refund initiation subject to the bank turnaround time and RBI Guidelines. The MRP mentioned at the time of return is without discount and the total amount to be refunded listed is an estimate. The total amount paid by You for the medicine(s) will be refunded once the pick up is completed and verified by the third-party licensed Retail Pharmacies.
Monitoring
We may monitor activity and content on this website/mobile application and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.
Security
We employ security technology as detailed in our privacy policy however, Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you send to us from this website may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you send to us and you do so entirely at your own risk.
Copyrights and Intellectual Property Rights
You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms; You may not modify or alter Product catalogues or any other materials available on the Website; You may not distribute or sell, rent, lease, license or otherwise make the Product catalogues or any other materials available on the Website available to others; and You may not remove any text, copyright or other proprietary notices contained in the Product catalogues or any other materials available on the Website. The rights granted to You in the Product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Product catalogues or any other materials available on the Website shall not be copied or retransmitted unless expressly permitted by Company.
This website or mobile application, the materials and software on it, or provided to you through it are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to Medmylife and/or third parties. You are permitted to display the materials on this mobile application on a computer screen/mobile screen and, save for restricted access documents, to download and print a hard copy for your personal use or for obtaining products or services from us provided you do not alter or remove any of the content or any part of the website/mobile application without our express permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices.
The content on the Website/App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’). The Website/App may contain links to/ content of third party websites that are not associated with us. We have no control over any third-party user-generated content as we are merely an intermediary for the purposes of those content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and we shall not be liable. Other than that when expressly allowed, any use of our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
The Website makes available general third-party information such as, Product catalogues, lists of vendors, technology and features, advertisements including videos, images and photographs of the products, and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from the company. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. The company does not provide any guarantee with respect to any Third Party Content and the company shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
Indemnification
You agree to indemnify, defend and hold harmless the Company including but not limited to its affiliates, vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, you agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.
In no event shall the Company, its officers, directors, employees, partners, or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.
The Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. The Company cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transactions on the Website. The Company shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers. The Company does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer. At no time shall the Company hold any right, title, or interest over the products, nor shall the Company have any obligations or liabilities in respect of such contracts entered into between Buyers and Sellers. The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable, or back ordered. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
Compliance with Laws
The User of the Website/App shall comply with all the applicable laws including without limitation to the Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made thereunder, Income Tax Act, 1961 and the rules made thereunder, Export Import Policy of the government of India applicable to them respectively for using Payment Facility and the website/App.
Applicable Law and Jurisdiction
These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles. These Terms and Conditions and your use of this Website/App and its content will be governed by and construed in all respects in accordance with the laws of India subject to the jurisdictional courts of Guwahati, Assam, India.
Dispute Resolution
Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. Any failure of the Website/App/Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Website/App/Company, and all other provisions for which survival is equitable or appropriate. In the case of a conflict between these terms and the terms of any electronic or machine-readable statement or policy, these Terms of Service shall prevail. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service shall prevail.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed here in below;
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Guwahati in the state of Assam, India. The Parties expressly agree that the Terms, Policy, and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India, and that the Courts at Guwahati shall have exclusive jurisdiction over any disputes arising between the Parties.
Risk Associated with the Website
The Website is an honest attempt to provide access to the best possible medical information to the Users, the Medical Experts will not be examining You physically. The Medical Experts may not have access to all or some of Your medical history that might be critical to consult You. The Medical Experts will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided are different from the diagnostic and treatment services typically decided by a physician. Therefore, the Medical Experts may not be aware of facts or information that would affect his or her opinion of Your diagnosis. To reduce the risk of this limitation, we strongly encourage You to be in touch with an on-ground physician.
The advice/information/opinion on diagnosis You may receive could be limited and provisional. The medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship. In case of a second opinion where there is a difference of opinion among Our third-party registered medical practitioners and Your physician, you would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment; the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
In some events, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query. In rare cases, the third-party registered medical practitioners may feel that the query may not be answerable without physically examining the patient/Users and the Consultation may be refused forthwith. In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms of Use.
Disclaimer of Warranties and Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law: the website, services and other materials are provided by the Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from the Company or through or from use of the services shall create any warranty not expressly stated in the terms. To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content. Company will not be liable for any loss that you may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Website or any services or materials, either with or without your knowledge. Company has endeavored to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Company's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the Products are for information purpose only. You expressly agree that Your use of the Website is at Your risk.
Medmylife Pvt Ltd has exerted reasonable efforts to ensure that all information published on the Website/App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/App at our sole discretion. Medmylife Pvt Ltd cannot guarantee the adequacy, currency, or completeness of the Website/App content. Medmylife does not warrant or endorse the effectiveness, quality or safety of the Products available on its Website/App. We disclaim responsibility for any harm to persons resulting from any instructions or Products referred to in the Website/App. Medmylife is not associated with any manufacturer of medicines or other products on the Website/App. Please note that while we made every effort to accurately display the colours of products on its Website/App, the actual colour you see will depend on your monitor. We cannot guarantee that your monitor's display of any colour will be the same as the colour of the Products delivered to you. We may let you view our information and communicate with us through the Social Media services such as Facebook and Twitter. We explicitly disclaim any responsibility for the terms of use and privacy policies that govern these third-party websites, which are in no way associated with us. We reserve the right to modify or withdraw any part of the website/App or any of its content at any time without notice.
Submissions
We reserve sole discretion to accept, edit or reject any and all materials you may send to us (collectively, "Submissions") as part of the features in the Website/App, including but not limited to, Ratings & Reviews etc. Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy.
We shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. The User/Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into our Website/App. You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy. We do not endorse and are not responsible for any Submissions in our Website/App. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.
Terms for Use
You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.
You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems. If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.
Termination
The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, you may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You. Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with you if:
- You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
- Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
- The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable;
- Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
- Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include:
- removal of access to all offerings within the Website or with respect to the services;
- deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and
- barring of further use of the Services.
You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder. Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Website, Company may delete any content or other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.