TERMS OF USE

I. ABOUT Medicalindia

The website www.Medicalindia.in and Medicalindia mobile application is an internet based online convenience portal, to facilitate interface between a User and certified-licensed pharmacist(s)/ pharmacy/dispensing chemists(s), for an easy procurement of medicine(s) by a User that would be delivered by the pharmacist/pharmacy/dispensing chemist at doorstep based on User’s request with prescription.


The website and mobile application is owned and operated by Vendan Technologies Private Limited having its registered office at #813(435), F2, 1F Kubera Block, Kolaperumal School Street, Arumbakkam, Chennai-600106, Tamil Nadu, India.


II. PREREQUISITE NOTE FOR USERS


This text is an electronic document published in compliance with the Information Technology Act, 2000, and in accordance with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that mandates publishing of the rules and regulations, privacy policy and User agreement for access or usage of intermediary’s computer resource by any person.


You may please read the following terms and conditions before getting yourself registered as a ‘Registered User’ with the Medicalindia website/mobile application or accessing or using Medicalindia computer resource-website/mobile application in any manner whatsoever, as its use by you is subject to your acceptance of and compliance with the following terms and conditions.


This document does not require any physical or digital signature. By registering, accessing or using the Medicalindia website/mobile application, it shall be deemed and acknowledged that you have prior read the document completely, understood its contents and agree to abide accordingly at each such instance. In case you do not agree with any of the content of this document, you must not proceed using the Medicalindia website/ mobile application in any manner and must immediately exit from the website page and/or any of its link.


III. WORDS AND REFERENCE


In this electronic document -


‘Intermediary’ shall mean and refer to Medicalindia.


‘Law’ shall mean and include the principal Act, Rules and Regulations along with its amendments, Government Orders, Notifications, Directives and Guidelines as may be valid and in force in India, Orders from Courts of law.


‘Seller’ shall mean a registered-certified-licensed pharmacist / pharmacy/dispensing chemist holding valid certificate to dispense medicine, medical device, pharmaceutical and healthcare allied products and through whom the sale and delivery of medicine, medical device, pharmaceutical and healthcare allied products, as may be required, is facilitated to the User.


‘User’ shall mean an individual, consumer, patient holding a valid prescription in his name describing the medicine, medical device(if any), dosage, quantity and period of its intake from a recognised registered medical practitioner/qualified Doctor and has created an account with Medicalindia website/mobile application. In case the individual is a minor or a patient or incapacitated physically-mentally in any manner, ‘User’ in such a context shall mean and include the person who accesses the Medicalindia website/mobile application on behalf of such a consumer/patient.


‘Website’ or ‘computer resource’ shall mean www.Medicalindia.in and Medicalindia mobile application.


IV. GENERAL INFORMATION


Medicalindia does not stock, sell, offer for sale or distribute medicine(s), medical device(s), healthcare and pharma allied products. The display of medicine/products on website is only for informative purposes for a User to know availability of certain medicine(s) or product(s) at a particular price from the Seller carried out at the behest of and information provided by the Seller(s).


To a User, this website/mobile application facilitates easy procurement of medicine, medical device, pharmaceutical and healthcare allied products, as may be the requirement, from the Seller(s) who may be in the vicinity of the User or who may have stock of the requisite medicine or product or who can possibly procure-deliver for the User and to have medicine(s)/product(s) delivered at doorstep of the User based on the User’s prescription.


Medicalindia only forwards communication of Users among the network of Sellers. The storage/stocking, sale, offer for sale or distribution of medicine/any healthcare allied product is done by the Seller(s) who have shown interest to serve User through Medicalindia.in.


No communication or enquiry between the User and Seller is final and binding unless proceeded by making necessary payments to the Seller. The request(s) placed by a User are fulfilled by the Seller and delivered to the User at his address given in website.


The website does not give any advice, diagnose, treat, endorse or recommend any medicine/treatment course /suitability or efficacy of medicine or healthcare product/ preferred doctor-medical practitioner / hospital / clinical laboratory. The information provided on the website is intended for informational purposes only and is not a substitute for professional medical advice or treatment for specific medical/healthcare conditions. Any information obtained from or through this website/mobile application may be confirmed with your registered medical practitioner prior to any intended use of such information, medicine or healthcare product.


The User will have to seek on his own a recognised registered medical practitioner/Doctor’s advice or any other expert’s opinion appropriate according to User’s health condition and requirement. In an eventuality prescribed medicine(s) is/are not available with the Seller, the User should get the prescription suitably changed specifying alternate medicine(s) and thereafter upload the amended prescription in the website for transacting with the Seller.


Procurement of medicine(s), medical device, healthcare product, its intake/use different from the prescription will be solely at the risk of the User and none else will be liable for any situation and/or consequences arising therefrom.


There will be no automatic replenishment of medicine(s)/healthcare product(s) and each time it will be the User’s responsibility to make a request through the website/mobile application to the Seller and granting reasonable sufficient time for delivery.


Maintenance of the website/mobile application and its continuity solely and unilaterally vests with the intermediary including activities like regular/periodic updation of software, products & prices, general information; maintenance, upgradation, temporary deactivation, suspension as well as complete closure of website/mobile application. No prior notice can be expected by the User in this regard and the Seller or the intermediary or anyone associated with the intermediary will not be responsible or liable in any manner whatsoever for any deficiency, malfunction, technical failure, disruption, error, loss of any data or loss of service.


All trademarks, logo, brands, design, copyrighted material displayed or appearing on the website/mobile application pertaining to the products are the property of its respective owners and Medicalindia does not claim any rights or title over them or represent-convey-assume any association, authorisation or venture with the respective owners of those brands or any of their intellectual property.


Any link(s), hyperlink, tag, metatags to other sites that may be displayed or prop up on www.Medicalindia.in or mobile application should not mean affiliation or association of the intermediary with that those third party website(s) and membership with this website/mobile application does not confer access to other website(s)/mobile applications.


Details about the Seller would be known to the User at the time of delivery of the User’s requirement of medicine, medical device, pharmaceutical and healthcare allied products, as the case may be, with the proper valid Sale Invoice/Bill of the Seller inclusive of applicable tax(es) and service charge(s).


Medicalindia does not warranty or assure in any manner unless specifically provided herein, if any, and do not authorise anyone to issue any warranty or assurance on its behalf. Therefore, the User may exercise all caution and not rely on any such statement of warranty as a warranty or assurance given by Medicalindia.


V. MEMBERSHIP


Use of the website/mobile application is available to you only if you are competent to enter into legally binding contracts under applicable law within the meaning of the Indian Contract Act, 1872. If you are a minor, you may use this website only under the supervision of a parent or legal guardian who can transact on your behalf by becoming a registered User.


To become a registered User of the website, you need to fill-in a mandatory Form setting out your personal details like name, age, gender, address, contact number, email id, ailment and prescription. All the data entered in the registration Form shall be deemed as an implied consent from you for its retention on website, including any of its subsequent changes carried out by you and use, as may be necessary.


The membership is not transferable, sellable or assignable by the User to any person.


The information and data provided by you shall be governed and protected under the Privacy Policy of the website and applicable laws. Medicalindia will not share any such User information except for the purpose of facilitating delivery of medicine, medical device, pharmaceutical and healthcare allied products, as it may be, on your placement of request, resolving a problem, support issues, or suspected violation of the Terms of Use of website, or as may be required by law.


You warrant providing only true, accurate, complete, current and correct particulars in the Membership Form and will not falsify, misguide or misuse the website in any manner whatsoever.


You agree that your account and password are confidential matters and therefore, you alone will be responsible for all activities happening in and/or through your account.


The benefit of membership is only to transact with the Seller(s), have delivered medicine(s) and healthcare product(s) at your doorstep based on the data entered by you.


If your membership account is inactive for a period of 365 days, your account with the website will be terminated and contents discarded without any prior notice.


VI. TERMS OF USE


The terms and conditions shall be applicable to the User using computer, internet, mobile applications and other virtual/cybernetic technological advancements.


You agree to use the website only for lawful purpose and objective pertaining to your personal health requirements and that your act(s) in accessing the website, procurement and intake/use of medicine/healthcare product is/are in consonance with a prescription as may be required and compliance with law.


You confirm that placing of a request on website is based only on a valid prescription for medicine(s)/medical device and authoritative opinion that you may have personally obtained in respect of those healthcare product(s) not mandatorily requiring prescription from a recognised registered medical practitioner/qualified Doctor.


While placing a request and confirming on website, you agree to directly pay the Seller in full with applicable tax and service charges according to the price of the medicine(s)/healthcare product(s) requested by you without any retention or demur. The mode of payment is to be determined between the User and Seller, either by cash, card, online banking or through delivery boy/collection agent. Payment gateway, if any, provided in the website/mobile application for making online payments would not cast any liability or responsibility on the website or intermediary in respect of acceptance or decline of any such the transaction between the User and Seller in any manner whatsoever or for any online fraudulency or cyber incidents arising from the details provided by the User.


Unless specifically waived by the Seller, you agree to compensate the Seller for any cost incurred for delivery and/or extra cost on redelivery in the event of a non-delivery in the first instance on account of a mistake by you (i.e. wrong name or address or any other wrong information).


The User agrees that cancellation of request or return of medicine/ product purchased from a Seller will be only for genuine reasons and is required to directly contact the Seller who delivers the User’s requirement and sort out whatever be the issue including full or partial refund of money paid to Seller.


You agree to update your personal information on the website with true, accurate, complete, current and correct particulars. If you suspect any breach or unauthorised use of your account, you shall immediately notify Medicalindia.in and ensure the issue is resolved.


You acknowledge that the website is only a facilitator for your convenience initiated on self-declaration of your health condition supported with a valid prescription from a recognised registered medical practitioner/qualified Doctor and serves as a transacting medium between yourself as its registered User and the Seller.


You understand that the intermediary has no control over the authenticity and genuineness of medicine/medical device/pharmaceutical and healthcare goods supplied by the Seller and do not vouch in any manner the correctness of a prescription provided by you relating to your health condition requirements.


You agree and confirm that the intermediary is not responsible for any negligence, breach or non-performance of any transaction or correspondence between you and Seller(s) in any manner whatsoever.


You agree to indemnify and hold harmless the intermediary, Medicalindia.in website owner(s), subsidiaries, licensees, affiliates, third parties and their respective Directors, agents, employees and successors from and against any claim, liability, damage, compensation, penalty, loss, cost and expense that may arise in lieu of any negligence, breach or non-performance or any issues pertaining to your transaction with the Seller(s) as well as cyber incidents.


You agree not to host, display, upload, modify, publish, transmit, require, update or share any information or material that-


  • i. belongs to another person and to which you do not have any right to;
  • ii. is harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • iii. harm minors in any way;
  • iv. infringes any patent, trademark, copyright or other proprietary rights;
  • v. violates any law for the time being in force;
  • vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • vii. impersonate another person;
  • viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

You agree and confirm as a User not to use the website for any personal commercial purpose or engage in any activity which is prohibited in law. You confirm to use your best and prudent judgment before entering into any transaction through this website.


VII. APPLICABLE LAWS AND JURISDICTION


This agreement is driven by the information provided by the User and Medicalindia facilitates service relying completely on such information. This document constituting an agreement as well with the User is governed by the laws in India as may be valid and in force relating to the subject matter, amended from time to time, including but not limited to :

  • i. The Indian Contract Act, 1872 (“Contract Act”);
  • ii. 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”);
  • iii. The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
  • iv. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
  • v. The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957; Code of Ethics Regulations, 2002;
  • vi. Pharmacy Act, 1948 (“Pharmacy Act”) and
  • vii. The Consumer Protection Act, 1986/2002.

The Courts in Chennai, Tamil Nadu, India, alone will have the exclusive jurisdiction to decide any dispute arising from this document/agreement that would involve the intermediary, its owner(s), Directors, managerial person and employees, irrespective of the location and access of website by the User.


The parties may also resolve their dispute(s) through recourse under the Arbitration and Conciliation Act, 1996, as may be amended from time to time, and have the place of such arbitration proceedings conducted at Chennai and in English language.


VIII. SEVERABILITY


If any part of this document contents be unlawful, void, or for any reason unenforceable, then that portion alone shall be deemed severable from the rest of the contents of this document/ Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.


IX. TERMINATION


The intermediary makes no warranty or has no obligation that the website shall meet your requirements and does not profess to be the only source of access for healthcare needs at convenience. You agree that the intermediary in its sole discretion and for any or no reason, including without limitation to breach of these Terms and Conditions, may terminate your access to and use of the website/mobile application, at any time. Your right to use the intermediary’s website or service ceases upon termination of your access and use of the website.


X. CONTACT INFORMATION

You may please contact us at address and details provided below-


The Chief Pharmacist Vendan Technologies Private Limited
27, 2nd Floor, HDFC Bank Upstairs
MGR Main Road, Kandanchavadi
Chennai-600096
Email: contact@Medicalindia.in

You may proceed to register yourself and access the website on having read this document.

We Provide Best Services

All Medicines - Assured Service

We are differ from other Online Pharmacies like 1mg,Netmeds,Medplus