These Terms of Use (“terms of Use”) have been drafted 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.medivik.com

1. 1. About Us

   Founded in 2018, Medivik.com is a pharmaceutical e-tail company with the main agenda of providing genuine medical products and services to the society. Medivik.com brings to you the comfort of ordering medicines and Over-the-Counter (OTC) essentials online, and have them delivered through our pharmacists at your doorstep. We provide a patient-controlled electronic health record system. It will use technology to efficientlyconnect Indian consumers, needing health products and services, with pharmacies, doctors, clinics, hospitals, diagnostic labs, and providers of alternative medicines, wellness products,home-care services and more.

2. 2. Terms of Use

   1. Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Company and these terms and conditions including the policies constitute your binding obligations, with the Website.
   2. 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 user of the Website by providing Registration Data while registering on the Website as Registered User, including a guest User whose registration shall be subject to verification and confirmation by the Company, using the computer systems. This Website allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us","Our" shall mean Company.
   3. By agreeing to our Terms Of Use you allow us to fetch your real time location, phone contact book, google account information, access your phone memory, access device camera, and to inform you about your order and send you different notifications.

3. 3. Eligibility to use

   1. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Company website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. 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. By visiting Company Website or accepting these Terms of Use, You represent and warrant to Company that You are 18 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. You also represent and warrant to the Company that You will use the Website in a manner consistent with any and all applicable laws and regulations.
   2. 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
   3. 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.

4. 4. Your Company Account

   1. The Company offers its services to different categories. Users of each of the categories are required to register themselves on the Website and make an individual account with Company in order to receive its services. Such an account is accessible by the unique username and password provided to the User by the Company when they chose to register themselves on the Website. The said username and password should be kept highly confidential and should not be disclosed to any third party. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.
   2. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
   3. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
   4. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
   5. Users may fall under any of the following categories and provide to Company the corresponding information

   Category 1: Users placing order for Prescription Drugs

   Prescription Drugsmeans a pharmaceutical drug that requires a prior medical prescription issued by a registered medical practitioner to be provided to a registered pharmacist for the purpose of dispensing such medicine.

   If You are a User falling in Category 1, You shall be required to abide by the terms specified below:

   • While placing the order for a Prescription Drug, You shall be required to mandatorily upload the prescription issued by a registered medical practitioner, along with Your personal information on the Website. All payments in respect of any orders pertaining to Prescription Drug placed by you shall be collected by the payment options as provided for on the Website by the Company. You may choose to pay online in respect of any other products ordered online by you which do not fall within this Category.

   • You hereby understand and acknowledge that the Company shall reserve the right to cancel the order, if the copy of the Prescription uploaded by You is not legible or the order placed by You is not in accordance with the Prescription.

   • You further confirm that the delivery of such Prescription Drug shall be deemed to have been completed only upon production of the original copy of the Prescription from a registered medical practitioner (A written document issued on the letterhead of a registered medical practitioner along with the date of issue of such prescription, name and address of the person for whose treatment the said prescription is being issued along with the total quantity of the medicine to be supplied and the prescribed dosage) to the Chemist Representative (Person appointed by the Seller who shall be responsible for delivering the order to the Buyer and shall deliver any order for prescribed drugs after authenticating the originality of the prescription uploaded upon the Website) of the Seller(Sellers includes all the retailers who register themselves on the Website after understanding the terms and conditions under which they shall operate upon any order placed by the Buyer on the Website). The Company shall not be liable to complete the delivery if the Chemist Representative is not provided with the original copy of the Prescription. You hereby affirm and warrant that the Prescription uploaded by You is genuine and has not been tampered with in any manner. Further, the original copy of the Prescription needs to match with the copy that was uploaded at the time of order submission.

   • User shall allow the Chemist Representative to stamp or sticker the original prescription at the time of medicine delivery failing which medicines will not be delivered.

   • You hereby understand and acknowledge that the Company reserves the right to verify the Prescription uploaded by You. The Company reserves the right to cancel your order immediately, in the event the Company discovers any discrepancy in the Prescription uploaded by You. Further, upon delivery, if the Chemist Representative discovers any discrepancy between the prescription uploaded and the physical copy produced at the time of delivery, the delivery may be withheld and the order shall stand cancelled.

   • You further understand and acknowledge that only such quantity of drugs shall be dispensed in accordance with the uploaded Prescription. The quantity of Prescription Drugs dispensed shall be the lesser of:

     • the quantity requested by the Customer; or

     • the quantity allowed by the Prescription (subject to Prescription Drugs served as strips not being cut / reduced in any manner).

     Category 2: Users placing order for Over the Counter (“OTC”) Medicines/ Products/ Medical Equipment/ Wellness Products

     Such users shall be required to provide the Company with their personal information and/or their banking details.

     Category 3: Retailers registered with the Site

   • The Retailers are verified retailers who hold valid license numbers, employ registered pharmacists and actin accordance with the applicable laws.

   • The Retailers shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or regulations for the time being in force.

   • The Retailer shall ensure that all applicable laws, rules and regulations and taxes in respect of the medicines including, but not limited to, GST, income tax, octroi, service tax, central excise, custom duty, local levies, etc. have been duly paid by the users prior to dispensing any medicines or products on the Website. The Retailer shall not solicit offers to purchase and sale of discounted items or additional services on the Website shall be displayed only after the prior written approval of the Company.

5. 2. Privacy and Information Protection

   Please review our Privacy Policy, which also governs your visit to this Site, to understand our internal policies and practices. The personal information / data provided to us by you during the course of usage of www.medivik.comwill be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

6. 3. E-Platform for transactions

   You agree, understand and acknowledge that the website is an online platform that enables you to purchase products required by You on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on this site.

   Henceforth:

   • All commercial / contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, delivery / convenience fee, payment methods, payment terms, date, period and mode of delivery. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial / contractual terms between the Buyers and Sellers.

   • Company does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

   • At no time shall Company hold any right, title or interest over the products nor shall Company have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. 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.

7. 4. Charges for using the Website

   Membership on the Website is free for Buyers. Company does not charge any fee for browsing and buying on the Website. Company reserves the right to change its Fee Policy from time to time. In particular, Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

8. 5. License for Website Access

   Company grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose.

9. 6. Your Conduct

   You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Company, are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the Website for any of the following:

   • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity

   • To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam

   • To cause annoyance, inconvenience or needless anxiety

10. 7. Selling

    The Retailer is legally able to sell the item(s) listed by such Retailer on the Website and such listings shall only include text descriptions, graphics and pictures that describe the item(s) for sale. All listed item(s) will be listed in an appropriate category on the Website and shall be kept in stock for successful fulfillment of sales. The Retailer shall not sell any Schedule ‘X’ drugs in contravention of the provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945 or under any orders/ directions of the Drug Controlling Authority of India. The Retailer shall not sell any prescription drug without a prescription and incase a prescription is uploaded, without due authentication of the prescription. The Retailer shall ensure that the listing description of the item is not misleading and describes actual condition of the product.

11. 8. Payments

    While availing any of the payment method/s available on the 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

      Payments exceeding the preset limit mutually agreed by You and between "Bank/s", or

      Any payment issues arising out of the transaction, or

      Decline of transaction for any other reason/s

    All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the authenticity of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

    Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render the Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Company's Website.

    You have specifically authorized Company or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Users in respect of transactions through Payment Facility. Your relationship with Company is on a principal to principal basis and by accepting these Terms of Use you agree that Company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Company's Website that are paid for by using the Payment Facility. Company does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

    You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Company Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

    All Valid Credit / Debit/ Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

12. 9. POLICIES

    Profanity Policy

    Our Website prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

    This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks

    Please report any violations of this policy to the correct area for review:

    • Report offensive and or inappropriate User Profiles

    • Report offensive and or inappropriate language in a listing or otherwise

      If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

      Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning

      Company will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

    Violations of this policy may result in a range of actions, including:

    • Limits placed on account privileges;

    • Loss of special status;

    • Account suspension.

13. 10. Disclaimer of Warranties and Liabilities

    You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of sellers, nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

    We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Website. At no time shall any right, title or interest in the products sold through or displayed on the Website vest with Company nor shall Company have any obligations or liabilities in respect of any transactions on the website. It is expressly declared that the Website is only a marketplace for the Buyers to purchase from the registered Sellers and neither the Website nor the Company is responsible for any sale or purchase made at the marketplace platform.

14. 11. Indemnity and Release

    You shall indemnify and hold harmless Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

    You hereby expressly release Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

    In no event shall the Company and/or its affiliates and/or any of its officers and representative and/or the Retailers be held liable for any non-delivery or late delivery due to any force majeur event or if the customer fails to provide a valid prescription.

15. 12. Communications

    When you visit the Website or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.

16. 13. Losses

    We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

17. 14. Alteration of Service or Amendments to the Conditions

    We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

18. 15. Events beyond our reasonable control

    We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

19. 16. Waiver

    If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

20. 17. Governing law and Jurisdiction

    These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Alwar (Rajasthan).

21. 18. Limitation of Liability

    IN NO EVENT SHALL Medivik LTD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

22. 19. Severability & Waiver Contact Information

    If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

23. 20. Contact Information

    If You any have any question, issue, complaint regarding any of our Services, please contact +91-7300112474 or Write us help@medivik.com