We Drug Carts Private Limited, a company incorporated under the Companies Act 2013, on behalf of its own and its affiliate companies/groups under the brand Drugcarts state that they are the original author and publisher of this terms and agreements on the Website URL http://drugcarts.com/ and the Mobile Application “Drugcarts” collectively called as “Website
1. NATURE AND SCOPE OF AGREEMENT :
ii. The nature of services offered might change from time to time at the sole discretion by Drugcarts which shall be updated in our website as and when changed, so we request you to keep yourself updated with our terms and conditions. The modified terms will be undisputedly applicable to all our users on their visit to the website, use of our services, and all the information published on our website.
iii. We recommend you to be updated with our terms of services on a regular basis to avoid unnecessary disputes and your use to the modified terms will constitute your assent to use our website and services altogether.
iv. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
2. APPLICABILITY OF LAW :
This Agreement is governed under the following provisions of the Act time being in force:
i. The Indian Contract Act, 1872
ii. The IT Act, 2000
iii. The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”),
iv. Other service providers policy.
v. The Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
3. NATURE OF SERVICE PROVIDED IN THE WEBSITE:
i. The Website is a platform that facilitates (i) online purchase of pharmaceutical products, health products, surgical equipments and other medical related products sold by various third party pharmacies and manufactures (“Third Party Pharmacies”); (ii) diagnostic services being offered by various third party diagnostic centres (“Third Party Labs”); (iii) online medical consultancy services/ second opinion being offered by third party independent doctors (“Medical Experts”); and (iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”).
ii. The Third Party Pharmacies, Third Party Labs, Medical Experts and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website (The services of Third Party Services Provider and the information services is collectively referred to as the “Services”).
iv. The Services are provided by us through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers.
v. To facilitate the relation between You and the Third Party Service Providers through the Website, Drugcarts shall send to You (promotional content including but not limiting to emails, notifications and messages).
vii. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as content provided by Drugcarts including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Drugcarts Content”) (collectively referred as, “Content”).
viii. The Drugcarts Content is the property of Drugcarts and is protected under copyright, trademark and other applicable law(s). You shall not be allowed to modify the Drugcarts Content or reproduce, display, publicly perform, distribute, or otherwise use the Drugcarts Content in any way for any public or commercial purpose or for personal gain.
i. For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by Drugcarts in this regard. As part of the registration process, Drugcarts may collect the following personal information from you:
ii. User ID;
iii. Email address;
iii. Email address;
iv. Address (including country and ZIP/ postal code);
vii. Phone number;
viii. Password chosen by the User;
ix. Valid financial account information; and
x. Other details as You may volunteer.
ii. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.
iv. A registered id can only be utilized by the person whose details have been provided and Drugcarts does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
v. Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
vi. You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify Drugcarts if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
vii. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Drugcarts 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, Drugcarts may allow authorized third parties to place or recognize a unique cookie on the Your browser. Drugcarts does not store personally identifiable information in the cookies.
5.1. Registration and Data Protection:
i. Definition of “personal information and “sensitive personal data or information” is as per the IG Rules and IT Act, 2000.
ii. The website might collect, analyse and store data via device through which you visit our website which will purely be used for quality and training purposes.
iii. The website will have access to the personal information of the user- name, communication address, contact details and other such information entered by the user at the time of registration.
v. The website will not be responsible for authentication of personal information given by the users on the website or to any person acting on behalf of Drugcarts.
vi. It is solely the duty of the user to maintain the confidentiality of the user name and password generated by the user at the time of registration and the Drugcarts will not be responsible for loss of confidentiality. The users are obligated to store the user name and password for all future connections. The users shall immediately notify, contact or mail Drugcarts of any unauthorised use of the user’s account.
vii. Drugcarts takes no liability for the loss suffered by the user due to unauthorised use of the information.
viii. If at any point of time, Drugcarts suspects or believes that the information provided by the user is inaccurate, incomplete, outdated or becomes untrue, Drugcarts reserves the right to cancel or discontinue the services with no refund policy.
ix. The website may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
5.2. Content and transmission of information:
i. Drugcarts collects the information displayed on the website relating to the name, profile, qualification, specialisation, experience of the practitioners based on the information provided by them or information available on their personal website.
ii. All contents and information listed on the websites purely informative in nature and may be altered from time to time by the practitioners.
iii. Drugcarts assures that all the information published in the website regarding the professionals is vetted and screened twice and are regularly updated. Drugcarts, in no event takes responsibility inaccuracy and incomplete records after taking all precautionary measures for the same.
v. Drugcarts assumes no responsibility for injection of viruses in the user’s device due to downloads, uploads or usage of the website services. If unsatisfied with the services, users can immediately terminate the services.
5.3. E-commerce platform for online purchase:
i. You agree and understand that Drugcarts facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Pharmacies (“Pharmaceutical Goods and Services”) and the Website merely provide hosting services to You and persons browsing / visiting the Website.
ii. All items offered for sale on the Website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party products. Drugcarts exercises little control over such third party user generated contents and/ 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.
iii. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third Party Pharmacies through the Website shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that we assume no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
iv. You understand and acknowledge that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite mutual contract between the Third Party Pharmacies and You.
v. The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services.
vi. You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.
vii. You acknowledge and agree that such Third Party Pharmacies shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner.
viii. Further, it is hereby clarified that the Third Party Pharmacies are offering the Pharmaceutical Goods and Services for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold Drugcarts responsible or liable for any damages arising out of such reliance on third party user generated content by You.
5.4. Purchase of drugs on prescription:
i. It is noted that we do not sell any medicines without valid prescription given by the doctors/ medical practitioners and in any case, orders placed without valid prescription will not be accepted at any cost.
ii. If any user wishes to purchase any medicine from the third-party pharmaceutical products, they have to upload the scanned copy of the prescription given by the doctors/ medical practitioners on the website or send an email firstname.lastname@example.org to us. Drugcarts and the third-party pharmacy shall verify the prescription uploaded by you and upon such approval the order will be accepted.
iii. If any discrepancy is found by the third-party pharmacy or us, the order will be cancelled immediately and a cancellation email will be sent to your registered e-mail id.
iv. We hereby inform you that Drugcarts will store the prescription uploaded by the users for future records.
5.5. Delivery of medicines or drugs:
i. You agree to appoint an individual who shall act in the capacity of Your agent and collect the medicines as requested by You from Third Party Pharmacy on Your behalf ("User Agent"). You accept and acknowledge that the User Agent shall be responsible to collect the medicines ordered by You from the Third Party Pharmacy and to carry it to the address notified by You.
ii. You further agree and acknowledge that the User Agent acts as Your agent for collecting the medicines from the Third Party Pharmacy. The services are being undertaken by User Agent with Your consent and therefore the Company is merely facilitating for You and Users Agent to connect.
6.1. Non- appearance or Cancellation of appointment by the users:
i. If the user (patient) fails to appear or cancels the appointment without prior notice or intimation to the practitioner or Drugcarts Experts, the account will be disabled for a temporary period and the users will be refrained from further bookings. This detriment step is taken to avoid such future instances leading to loss of business hours of the practitioners.
ii. The account will however be reactivated after obtaining appropriate reasons for cancellation and payment of cancellation fees as given under THE REFUND OR CANCELLATION POLICY.
6.2. No Established Doctor-Patient Relationship
i. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession.
ii. The provision of such Information does not create a licensed medical professional/patient relationship, between Drugcarts and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from the qualified practitioner.
iii. It is hereby expressly clarified that, the Information that you obtain or receive from Drugcarts, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only.
iv. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
6.3. No Emergency Services:
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
i. You agree and understand that e-prescription issues by the medical practioners/ doctors are based upon the information provided by you. In certain cases, these may not be treated as a valid prescription under the Indian Law, time being in force and third-party pharmacy be not accepting such prescriptions. Drugcarts takes no liability- absolute or vicariously in any event of such happenings.
ii. The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of Drugcarts, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. Drugcarts does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of Drugcarts.
6.5. The rights to use services under your account are not transferable.
6.6. Not to be treated as Substitution of Services.
The Services should not be depended upon and should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Website is generic in the approach and shall not and cannot act as a substitute for physical consultation with a doctor. Also the Consultations provided through the Website are not diagnostic in nature
The terms under this clause are applicable only to practitioners:
7.1. Use of services:
The terms of the services are conferred upon you for the amount of services provided by you and not for any other services that may be provided by the website.
7.2. Ratings and listings:
i. Drugcarts states that it collects stores and displays the information collected from the practitioners website and puts up the information- name, specialization, designation, qualification, photo, other such details of the practitioners on the website for the end-users to view and understand the practitioner before approaching them.
ii. The website shall not be responsible for the ratings and listings displayed in external websites or links.
iii. ‘Drugcarts” reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, the website shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.
iv. Practitioners explicitly agree that the website reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
v. You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Drugcarts accepts no liability for the same.
7.3. Profile updating and editing rights
i. Drugcarts shall provide a separate platform with editing tools for all the practitioners to updates and edit their profile as and when required. However, the rights to publish the information after due screening rests with the website and Drugcarts in no event will be liable for any critical content uploaded by the practitioner.
ii. Drugcarts takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Drugcarts services, and that no such content breaches any third party rights, including intellectual property rights.
iii. In case of any breach notified with respect to the content, Drugcarts reserves the rights to change, modify or delete the content uploaded by you and the same will be notified to you.
7.4. Reviews and feedback:
i. Drugcarts gives rights to the users to upload their reviews and feedback subjected to the guidelines laid down by the law and clause 11 of this agreement.
ii. All the contents (critical contents) are created by End-Users, Users and clients of Drugcarts. It is explicitly stated that Website doesnot warrant or take responsibility of any content uploaded, posted or published on the website. The role of the website concerned with the publication of critical content is restricted to “intermediaries” as per the IG Rules.
iii. Drugcarts reserves to the rights to collect and share information of the practitioners, healthcare consultants and clinics listen on the website and may modify them from time to time.
iv. It is an expressed and implied fact that, the practitioners listed on the website shall be subject to objectionable, defamatory or critical content. We take no responsibility of the same but we will take all the precautionary steps as an intermediary to protect the interest of our clients.
v. The contents published by the practitioners have to be as per the rights and obligations laid down in the clause 11
vi. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
7.5. Promotional guidelines
i. In recognition of the various offerings and services provided by “Drugrcarts” to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow “Drugrcarts” to include a brief description of the services provided to Practitioner in Drugrcarts’s marketing, promotional and advertising materials; (b) allow “Drugrcarts” to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to “Drugrcarts”’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
ii. The Third Party Labs may not access the Services if the Third Party Labs are Drugcarts direct competitor, except with Drugcarts prior written consent. In addition, the Third Party Labs may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
iii. Drugcarts will provide to the Third Party Labs basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond Drugcarts’s reasonable control, including without limitation Force Majeure Events (as defined herein below). Drugcarts will provide the Services only in accordance with applicable law(s) and government regulations.
iv. The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Third Party Labs are permitted to make against Drugcarts application programming interface, and, other limitations dependent on the Third Party Labs plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Third Party Labs’ plans. The Services provide real-time information to enable Third Party Labs to monitor such Third Party Labs’ compliance with such limitations.
v. Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for Third Party Labs’ dealings and interaction with the Users who avail the services of the Third Party Labs or diagnostic centres contacted or managed through the Website and Drugcarts shall have no liability or responsibility in this regard. Drugcarts does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third Party Labs or any diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.
vi. Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for dealings and interaction with Users contacted or managed through the Website and Drugcarts shall have no liability or responsibility in this regard. Drugcarts does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Labs.
9. INTELLECTUAL PROPERTY RIGHTS:
i. All contents – text, images, documents, literary works, videos uploaded on the website are original work of the Drugcarts and copyrights and publisher rights of the same are vested with the website.
ii. The contents listed on the Website are (i) User generated content, or (ii) belong to “Drugcarts”. The information that is collected by “Drugcarts” directly or indirectly from the End- Users and the Practitioners shall belong to “Drugcarts”. Copying of the copyrighted content published by “Drugcarts” on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and “Drugcarts” reserves its rights under applicable law accordingly.
iii. “Drugcarts” authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Drugcarts Content"), are the property of “Drugcarts” and are protected under copyright, trademark and other laws. User shall not modify the “Drugcarts” Content or reproduce, display, publicly perform, distribute, or otherwise use the “Drugcarts” Content in any way for any public or commercial purpose or for personal gain.
iv. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
10. EDITORIAL POLICY:
Please refer our editorial policy available at our website to understand our copyright and other related policy concerning our videos, tips and blog post.
11. RIGHTS AND OBLIGATIONS RELATING TO CONTENT:
As mandated by Regulation 3(2) of the IG Rules, Drugcarts hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which the User does not have any right to;
ii. is grossly 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;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
iii. Users are also prohibited from:
• violating or attempting to violate the integrity or security of the Website or any Drugcarts Content;
• transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Drugcarts;
• intentionally submitting on the Website any incomplete, false or inaccurate information;
• making any unsolicited communications to other Users;
• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
• attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
• copying or duplicating in any manner any of the Drugcarts Content or other information available from the Website;
• framing or hot linking or deep linking any Drugcarts Content.
• circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
iv. Drugcarts, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information. Drugcarts shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
vi. Drugcarts may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Drugcarts to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Drugcarts as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Drugcarts or any person on its behalf and the User or where the User has consented to data transfer.
vii. Drugcarts respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
12. REVIEWS AND FEEDBACK :
i. Users are allowed to comment and valuable feedback about the services availed by them from the website. Such feedback or comments must be according to the guidelines laid down by the law. The users will be solely responsible for all the contents posted by them – reviews, feedback, comments, rating (CRITICAL CONTNET)
ii. It is however noted that “Drugcarts” is not obliged to act upon the comments or feedback given by the users and reserves the right to delete or omit such comments.
iii. The role of “Drugcarts” in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. “Drugcarts” disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. “Drugcarts” shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
iv. Your publication of reviews and feedback on the Website is governed by clause 10 and 11 of these Terms. Without prejudice to the detailed terms stated in http://drugcarts.com/terms-and-conditions , you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. “Drugcarts”, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with clauses or provisions of these Terms. You agree that “Drugcarts” may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
• Obtaining feedback in relation to Website or “Drugcarts”’s services; and/or
• Obtaining feedback in relation to any Practitioners listed on the Website; and/or
• Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;
and you agree to provide your fullest co-operation further to such communication by “Drugcarts”.
13. PAYMENT , FEES, AND APPLICABLE TAXES:
i. No registration fees charged for browsing or using the website for access of information about the services provided by the website.
ii. All payments shall be directly made to the third-party pharmacy through the payment gateway provided by them. You agree and acknowledge to not to hold Drugcarts responsible for any loss or damage caused to you while using or availing the services, due to the acts done by the third-party aggregators which are beyond the control of Drugcarts.
iii. All the users or third-party service providers are solely responsible for the payment of taxes, fees or any other compliances, statutory obligations, reporting’s etc., associated with the services. We shall not be liable for any tax payments apart from our own income tax payments.
iv. All fees quoted on the website are exclusive of all fees and applicable taxes.
v. Drugcarts reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
vi. In relation to the diagnostic services being availed from the Website, Third Party Labs agree to pay all package fees, consulting fees and other fees applicable to the Third Party Labs use of such Services and the Third Party Labs shall not circumvent the fee structure. The fee is dependent on the package that the Third Party Labs purchase and not on actual usage of the Services. In relation to the Users using the diagnostic Services, the Users agree to make all payments directly to the respective Third Party Labs for use of the diagnostic Services from the Website. You agree and acknowledge that You shall not hold Drugcarts responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third Party Labs’ any actions/ omissions which are beyond the control of Drugcarts.
viii. Available payment methods: Wallets: Paytm, AmazonPay, Mobikwik, AirtelMoney, Freecharge, OlaMoney, JIO Money, PhonePe, MPESA UPI – BHIM and GooglePay. All debit and credit cards. Cash on delivery for offline payments.
ix. Applicable payment charges: No charges levied.
x. Details, including contact information of all payment service providers: Paytm (https://paytm.com/care/ticket), AmazonPay (https://www.amazonpay.in/contact), Mobikwik (https://blog.mobikwik.com/contactus/), AirtelMoney (https://www.airtel.in/personal/money/contact-us), Freecharge (https://www.freecharge.in/contactus), OlaMoney (https://www.olamoney.com/support/index.html), JIO Money (https://www.jiomoney.com/contactus.html), PhonePe (https://www.phonepe.com/contact-us/), MPESA UPI – BHIM (https://www.bhimupi.org.in/get-touch) and GooglePay (https://support.google.com/pay/india/gethelp).
xi. All queries relating to refund, return and cancellation along with their associated charges are given in our refund and cancellation policy.
14.2. The Other Parties shall not hold Drugcarts responsible or liable in any way for any disclosures by Drugcarts under Regulation 6 of the SPI Rules.
14.3. The Services provided by Drugcarts or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Drugcarts does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Drugcarts does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Drugcarts Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
14.4. The Website may be linked to the website of third parties, affiliates and business partners. Drugcarts has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Drugcarts endorses the linked website. Other Parties may use the links and these services at their own risk.
14.5. Drugcarts shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; Drugcarts shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
14.6. Users accept and acknowledge that Drugcarts does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. Drugcarts also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
14.7. The Other Parties further accept and acknowledge that Drugcarts does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Drugcarts Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by Drugcarts or any Third Party Service Providers in relation to any Services provided by Drugcarts.
14.8. Drugcarts assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
14.9. The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
14.10. To the maximum extent permitted by applicable law(s), Drugcarts, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
14.11. In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
14.12. Drugcarts disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third Party Labs or the Third Party Pharmacies as the case may be.
14.13. The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. Drugcarts reserves the right to retain such information for the purpose of providing Services to the Users.
14.14. With respect to the Consultation Services, after selection of the type of treatment viz. Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the patient, Drugcarts will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
14.15. The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
14.17. In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.
16.1. Drugcarts reserves the right to terminate, suspend, deter or restrict the rights of the users and practitioner in connection with the services availed from the website on the following grounds:
• Breach of terms of agreement
• Report or abuse based third party complaints due to the services performed by the users
• Reasonable grounds for suspects of unauthenticated, illegal and incorrect information
• Unable to verify the authentication of information
• If the actions of users might be prejudice to the law and the company
• Any other grounds as the company may deem fit to think as reasonable grounds to terminate the service
16.2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account.
16.3. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.
16.4. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
17.1. In no event, including but not limited to negligence, shall Drugcarts, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
• provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
• any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
• any unauthorized access to or alteration of your transmissions or data; or
• any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
18. WAIVER :
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Drugcarts. Any consent by Drugcarts to, or a waiver by Drugcarts of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
20. DISPUTE SETTLEMENT MECHANISM:
In case any disputes between the service providers and customers, alternative dispute resolution mechanism will be followed and all the matters will be resolved using arbitration mode as per the Arbitration and Conciliation Act, 1996. In case of non-performance of services, disputes arising from breach of policy, violation of privacy, unauthorised transmission of medical records leading to crucial loss to the customers, the company at its sole discretion will require the disputes to be solved by Arbitration mode of resolution, with the Arbitration seating at Chennai, appointment of arbitrator will be done as per the agreed terms by the parties.
21. CONTACT INFORMATION :
In case of any disputes, clarifications, notices, all communications intended to be done shall be via email id: email@example.com