This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- i. The domain name www.nmedicines.in, an internet based portal and NMedicines a mobile application, is owned and operated by NMedicines, , a proprietorship firm with its registered office atNo.21/42,Throwpathy Amman Kovil Street, Velachery,Chennai-600042(hereinafter referred to as “NMedicines” or “We” or “Our” or “Us” or ). The domain name and the mobile application are collectively referred to as the “Website”.
- iv. The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies and manufactures (“Third Party Pharmacies”) and(ii) online and offlinehomeopathy clinics (“NHomeopathy”) wherein consultancy services/ second opinion being offered by third party independent doctors (“Third party experts”)NHomeopathy”). The Third Party Pharmacies, and Third party Experts 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”)..
- a) the Indian Contract Act, 1872 (“Contract Act”);
- b) 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”);
- c) the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
- d) the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
- e) The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
- f) Pharmacy Act, 1948 (“Pharmacy Act”) and
- g) the Consumer Protection Act, 1986.
Contents Posted on Site
- v. You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Your Account and Registration Obligations
- 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 NMedicines in this regard. As part of the registration process, NMedicines may collect the following personal information from You:
- a) Name;
- b) User ID;
- c) Email address;
- d) Address (including country and ZIP/ postal code);
- e) Gender;
- f) Age;
- g) Phone number;
- h) Password chosen by the User;
- i) Valid financial account information; and
- j) Other details as You may volunteer.
- iii. A registered id can only be utilized by the person whose details have been provided and NMedicines 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 NMedicines 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 NMedicines 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, NMedicines may allow authorized third parties to place or recognize a unique cookie on the Your browser. NMedicines does not store personally identifiable information in the cookies.
- i. When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Use of Services and the Website:
- i. E-Commerce Platform for Pharmaceutical Products –Through the Website, NMedicines facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Pharmacies (“Pharmaceutical Goods and Services”). The Website is a platform that Users utilize to meet and interact with one another for their transactions. NMedicines is not and cannot be a party to or control in any manner any transaction between the Website's Users.You understand and agree that NMedicines and the Website merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party products. NMedicines has no 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. 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 NMedicines shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
- a) You understand and agree 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 contract between the Third Party Pharmacies and You.
- b) 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. NMedicines does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third Party Pharmacies.
- ii. Representation as to legal title
- a) NMedicines does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with NMedicines nor shall NMedicines have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.
- b) 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.
- iii. Non-Performance of Contract - You accept and acknowledge the following:
- a) NMedicines is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Pharmacies for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website;
- b) NMedicines cannot and does not guarantee that the concerned Third Party Pharmacies will perform any transaction concluded on the Website;
- c) The Third Party Pharmacy(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, NMedicines is not responsible if the Third Party Pharmacy(s) does not satisfy the contract for sale of Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and
- d) NMedicines shall not and is not required to mediate or resolve any dispute or disagreement between You and Third Party Pharmacies. In particular, NMedicines does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.
- iv. Disclaimers
- a) 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, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. NMedicines 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.
- b) NMedicines 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. NMedicines does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. NMedicines accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- c) NMedicines is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. NMedicines cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. NMedicines shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- d) NMedicines does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
- e) NMedicines does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
- f) At no time shall NMedicines hold any right, title or interest over the products nor shall NMedicines have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. NMedicines 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.
- g) The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. NMedicines is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
- h) At no time shall NMedicines hold any right, title or interest over the products nor shall NMedicines have any obligations or liabilities in respect of such contract.
- i) NMedicines 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.
- j) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
- k) You release and indemnify NMedicines and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, NMedicines cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
- l) We reserve the right to reject/disapprove orders that do not comply with any requirements that we periodically may establish. Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time.
- v. Use of the Website by Users and Third Party Pharmacies- You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
- a) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- b) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- c) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- d) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of NMedicines. e) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
- f) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- h) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Good and service tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- j) From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
- m) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- n) It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- vi. Exhibition of drugs and publication of Third Party Pharmacies content on the Website
- a) You agree and acknowledge that the respective Third Party Pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.
- b) The Third Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third Party Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
- c) 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. You acknowledge and understand that NMedicines provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that NMedicines has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third Party Pharmacies on the Website. 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 NMedicines responsible or liable for any damages arising out of such reliance on third party user generated content by You.
- vii. PrescriptionDrugs
- a) The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email the same to NMedicines. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by NMedicines until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by You and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by You, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
- b) NMedicines shall maintain a record of all the prescriptions uploaded by the Users. viii. Substitution of Prescribed Drugs
- a) You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name. b) You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
- ix. Invitation to offer for sale
- x. Transfer of Property and Completion of Sale
- a) Upon acceptance of the Offer by the concerned Third Party Pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Pharmacy, wherever required under the applicable law(s).
- b) You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Third Party Pharmacy itself.
- c) The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Third Party Pharmacy which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
- xi. Delivery of Drugs
- a) The Pharmaceutical Drugs and Services shall be delivered by the Third Party Pharmacy or independent contractors. You accept and acknowledges that the Third Party Pharmacy or such other transporter/ courier/ delivery personnel, engaged by the Third Party Pharmacy or NMedicines, shall be independent contractors in-charge of the delivery of the Pharmaceutical Drugs and Services from the concerned Third Party Pharmacy to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.
- b) You further accept and acknowledge that NMedicines does not engage in the distribution of the Pharmaceutical Drugs and Services, and may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of Pharmaceutical Drugs and Services from the concerned Third Party Pharmacy to the address notified by You.
Terms for use of the Online and OfflineNHomeopathyClinics Services:
NO DOCTOR-PATIENT RELATIONSHIP:
NMedicines does not replace Your relationship with physician or healthcare provider. The information interpreted should not be relied upon as a substitute for sound professional medical advice, evaluation or care from Your physician or other qualified healthcare provider.
- i. You acknowledge that the Third Party Medical Experts empaneled with Us are independent contractors and thereby NMedicines has an independent contractor relationship with such Third Party Medical Experts and therefore in no event NMedicines will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Third Party Medical Experts may provide to You or You may avail as part of the Services.
- ii. You acknowledge that the e-prescription which may be issued by the Third Party Medical Expert(s) is not a valid prescription under applicable law(s) of India and may not be used for dispensation of medicines by any pharmacist including the Third Party Pharmacies. You further agree and acknowledge that if You request Us to process the e-prescription or any form of prescription (whether original or scanned copy of the original prescription) for procuring medicines, then We will only act as an aggregator and assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at Your sole risk and the sole responsibility of the Third Party Pharmacies supplying the medicines to You.
- iii. You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.
- iv. We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.
- v. The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore We strongly discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website. You take full responsibility for ensuring that the information submitted is accurate and NMedicines shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.
- vi. The opinions, statements, answers (collectively “Consultation”) provided by the Third Party Medical Experts through the NHomeopathy Clinic are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of NMedicines, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. NMedicines 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 NMedicines.
- vii. The inclusion of professionals, specialists and/ or Third Party Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement of such specialists and/ or Medical Experts nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and NMedicines disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
- viii. NMedicines (the owners and the employee staff of NMedicines)andThird Party Medical Experts offer the Services through the Website accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.
- ix. NMedicines makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by NMedicines employees. NMedicines is not responsible for transmission errors, corruption of data.
- x. NMedicines is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.
- xii. Your right to use the Services is not transferable.
- xiii. Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Third Party Medical Experts (as the case may be) contacted or managed through the Website and NMedicines shall have no liability or responsibility in this regard. NMedicines does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such client, patient, User, Third Party Medical Experts or any third party through the Website. The Services should not be used for emergency appointment purposes.
- xiv. The exchanges between the Medical Experts and the patient through the chat window and the e-prescription would be accessible to NMedicines for the purposes of monitoring the quality of the consultation.
- xvi. 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
Risks of using NMedicines’s Services
- a) While the Website is an honest attempt to provide access to the best possible medical information to the Users, the Third Party Medical Experts will not be examining You physically. The Third Party Medical Experts may not have access to all or some of Your medical history that might be critical to consult You. The Third Party Medical Experts will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Third Party Medical Experts may not be aware of facts or information that would affect his or her opinion of Your diagnosis. To reduce the risk of this limitation, NMedicines strongly encourages You to be in touch with an on-ground physician and share the NMedicines’s opinion with him/her.
- ii. By requesting a medical opinion through the Website, You acknowledge and agree that:
- a) the advice/information/opinion on diagnosis You may receive could be limited and provisional;
- b) the medical opinion is not intended to replace a face-to-face visit with a physician and it does replace an actual doctor-patient relationship;
- c) in case of a second opinion where there is a difference of opinion among Our Medical Experts and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
- d) the Third Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
- e) in some cases, the Third Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
- f) in rare cases, the Third Medical Experts may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
- g) in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
- i. Your Profile, Collection, Use, Storage and Transfer of Personal Information:
- a) Your NMedicines profile is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.
- b) Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your NMedicines record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. NMedicines reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for NMedicines’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
- i. the type of information collected from Users, including sensitive personal data or information;
- ii. the purpose, means and modes of usage of such information; and
- iii. how and to whom NMedicines will disclose such information.
- i. the fact that the information is being collected;
- ii. the purpose for which the information is being collected;
- iii. the intended recipients of the information;
- iv. the name and address of the agency that is collecting the information and the agency that will retain the information; and
- v. the various rights available to such Users in respect of such information.
- g) NMedicines shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to NMedicines or any other person acting on behalf of NMedicines.
- i) The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify NMedicines of any actual or suspected unauthorized use of the Users’ account or password.
- j) If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or NMedicines has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NMedicines shall have the right to suspend or terminate such account at its sole discretion.
- i. Registration on the Website and the access to the information provided on the Website is free. NMedicines does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the respective Third Party Pharmacies for purchase of Pharmaceutical Goods and Services from such Third Party Pharmacies. The Third Party Pharmacies may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold NMedicines responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third Party Pharmacies or the collection agents or for any actions/ omissions which are beyond the control of NMedicines.
- ii. In relation to the NHomeopathy services being availed from the Website, the Users agree to make all payments directly to the respective Third Party Medical Experts for use of the NHomeopathy Services from the Website. You agree and acknowledge that You shall not hold NMedicines 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 Experts any actions/ omissions which are beyond the control of NMedicines.
- iii. Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. NMedicines is in no way responsible for any of the taxes except for its own income tax.
- iv. The subscription fees for the Services, if any charged by NMedicines, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. NMedicines is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of NMedicines. The fees could also be paid offline and be either collected personally from the User/ Third Party Service Providers or required to be mailed to NMedicines at the following address: NMedicines21/42, Throwpathy Amman Kovil Street, Velachery,Chennai< India.
- v. All fees are exclusive of applicable taxes.
- vi. NMedicines reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
- i. Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
- a) belongs to another person and to which the such Covenanter does not have any right;
- b) 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;
- c) infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
- d) violates any law for the time being in force;
- e) impersonates another person;
- f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- g) is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under; and
- h) threatens the unity, integrity, defense, 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.
- ii. You are also prohibited from:
- a) violating or attempting to violate the integrity or security of the Website or any NMedicines Content;
- b) 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 NMedicines;
- c) intentionally submitting on the Website any incomplete, false or inaccurate information;
- d) making any unsolicited communications to other Covenanters;
- e) 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;
- f) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- g) copying or duplicating in any manner any of the NMedicines Content or other information available from the Website; and
- h) framing or hotlinking or deeplinking any NMedicines Content.
Disclaimer of Liability
- ii. The Other Parties shall not hold NMedicines responsible or liable in any way for any disclosures by NMedicines under Regulation 6 of the SPI Rules.
- iii. The Services provided by NMedicines 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). NMedicines does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. NMedicines 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 NMedicines 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.
- iv. The Website may be linked to the website of third parties, affiliates and business partners. NMedicines 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 NMedicines endorses the linked website. Other Parties may use the links and these services at their own risk.
- v. NMedicines shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; NMedicines shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
- vi. Users accept and acknowledge that NMedicines 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. NMedicines 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.
- vii. The Other Parties further accept and acknowledge that NMedicines 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 NMedicines Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by NMedicines or any Third Party Service Providers in relation to any Services provided by NMedicines.
- viii. NMedicines 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. ix. 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.
- x. To the maximum extent permitted by applicable law(s), NMedicines, 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.
- xi. 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.
- xii. NMedicines 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 NHomeopathy tests. All liabilities arising out of any wrong diagnosis of medical condition by the Third Party 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 Medical Expertsand/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third Party Medical Expertsor the Third Party Pharmacies as the case may be.
- xiii. 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. NMedicines reserves the right to retain such information for the purpose of providing Services to the Users.
- xiv. With respect to the NHomeopathy along with the specification of the disease by the patient, NMedicines 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.
- xv. 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.
- xvii. 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.
- xviii. NMedicines shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither NMedicines nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
- i. This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, NMedicines does not warrant that:
- ii. This Website will be constantly available, or available at all; or
- iii. The information on this Website is complete, true, accurate or non-misleading.
- iv. NMedicines will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. NMedicines does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
- v. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
- vi. You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate `any promotional phone calls or SMS.
- i. Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. NMedicines make no representation that materials in the Website are appropriate or availablefor use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and NMedicines is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
- i. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and NMedicines Website.
- . All Valid Credit / Debit/ Cash 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.
- ii. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
- i. NMedicines reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that NMedicines will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
Intellectual property rights
- i. All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of theNmedicines. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
Trademark, Copyright and Restriction
- i. This site is controlled andoperated by NMedicines and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computerenvironment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
- i. NMedicines respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to NMedicines at Support@NMedicines.in.
- i. While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc (“Captioned Laws”). as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Pharmaceutical Good and Services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.
- ii. The Users must also ensure that the prescription uploaded on the Website or emailed to NMedicines for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Third Party Service Providers or to NMedicines, as a result of any dispensation of Prescription Drugs by the Third Party Service Providers owing to the non-compliance by the User in this regard.
- a) not accessing the Website; or
- b) closing their accounts for all of the Services that they use.
- b) NMedicines is unable to verify or authenticate any information provided to NMedicines by Other Party(s); or
- c) NMedicines believes, in its sole discretion, that Other Party(s) actions may cause legal liability for NMedicines (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
- d) NMedicines is required to do so by law; or
- e) if Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for NMedicines to provide the Services to the Other Party(s); or
- f) The provision of the Services to the Other Party(s), or to the general public, is in NMedicines’s opinion, no longer commercially viable; or
- g) NMedicines has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
- iv. NMedicines may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
- v. Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
- viii. The right to terminate/ suspend the account is in addition to, and without prejudice to, NMedicines’s right to initiate action against the Other Party(s), in accordance with applicable law.
Governing Law and Dispute Resolution
- i. Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
Representations & Warranties