This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that requires publishing of the rules and regulations, privacy policy and Terms of Use for access or usage of medsmitra website and its mobile applications.

 

Welcome to Medsmitra!

The domain name www.medsmitra.com, an internet based portal and a mobile application, is owned and operated by Altmeds Marketplace Technologies Private Limited, a Company duly incorporated under the provisions of the Companies Act, 2013 whose registered office is at A-501, Shapath IV, Opp. Karnavati Club, S.G.Highway, Ahmedabad, India (hereinafter referred to as “Medsmitra” or “We” or “Our” or “Us” or “Company”). The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.

The domain name and the mobile application are collectively referred to as the “Website”. These terms and conditions outline the rules and regulations for the use of MedsMitra Technologies LLP's Website, located at medsmitra.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use medsmitra.com  if you do not agree to take all of the terms and conditions stated herein.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's services, in accordance with and subject to, prevailing the  laws of India.

1.      Products & Services :The Website is a platform that facilitates online purchase of Ayush (Ayurvedic, Homeo Only) products  (OTT medicines and Supplements) sold through  various Third Party pharmacies coordinated through Us and online advertisements of various sponsors advertising and marketing thdeir own goods and services (third party advertisers). (The services of Third Party Services Provider and the information services are collectively referred to as the “Services”).

1. The Third Party Pharmacies, Merchants, Courier agencies / Delivery Company and the 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 its Users accessing the Website.
2. The Website is a platform that facilitates, as an intermediary, the online requisition by the user for purchase of medicines and wellness / health related products and services offered by Company's various registered third-party/ies (third-parties shall for the purpose of this Terms, include without limitation, third party retail pharmacies) ("Products and Services").

2.      Terms of Use: The arrangement between any Third Party Service Providers, we shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time. Medsmitra authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use.

1. The Services are offered to You through various modes which may include issue of discount coupons, offer codes and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, medsmitra.com shall send to You (promotional content including but not limited to emails, notifications, text messages or whatsapp messages).
2. You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. The sale & purchase / transaction between the registered third-parties and You, of Products and Services, facilitated by the requisition placed by You on the Website shall be governed by these Terms. Medsmitra is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers.
3. 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 in-house content provided by Medsmitra including but not limited to text, copy, audio, video, photographs, illustrations, graphics and other visuals (“medsmitra Content”) (collectively, “Content”). The Content is the property of Medsmitra and is protected under copyright, trademark and other applicable law(s). You shall not modify the Medsmitra Content or reproduce, display, publicly perform, distribute, or otherwise use the Medsmitra Content in any way for any public or commercial purpose or for personal gain.
4. Medsmitra shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms and Conditions ("Terms"). The revised Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be Your responsibility to check the Terms periodically for changes. Company may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Website and the Services, provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms, will constitute your express acceptance of those changes. By;
   1. using this Website or any facility or service provided by this Website in any way; or
   2. merely by browsing the Website, You agree that you have read, understood and agreed to be bound by, including without limitation, by these Terms, the Website's Privacy Policy. and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

• Company shall not be liable to deliver any Products purchased by You for delivery, in locations outside India.

1. The User agrees to use the service to authorise an individual and get the products from the third party on his/her behalf.

3.      Change: Medsmitra reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications.

4.      Service Eligibility: As a condition to Your use of the Website, You must be 18 (Eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to medsmitra that You are 18 (Eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

5.      Technology Platform: Company facilitates the purchase of medicines and other pharmaceutical products, nutraceutical products and services (which shall also include Over The Counter (OTC) and wellness products) offered by third-party retail pharmacies (“Retail Pharmacies''). The Company and the Website merely provide hosting and technology intermediary services to You other users of the website. All items offered for sale on the Website, and the content made available by the Retail Pharmacies, are third party user generated contents and third party products. The Company has no control over such third party user generated contents and/ 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 Retail Pharmacies through the Website shall be the sole responsibility of the Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.

1. The Company does not take any representation or warranty as to the legal title of the Pharmaceutical Goods and Services offered for sale by the Retail Pharmacies on the Website. The right, title, claim or interest in the products sold through the Website shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Website. The Company is not responsible for delayed, non-performance or breach of contract entered into between You and the third-party for purchase and sale of goods or services offered by such Retail Pharmacies on the Website; The Company gives no guarantee that the concerned Retail Pharmacies will perform any transaction concluded on the Website. The Company is not responsible for the Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You.
2. The Company is not responsible for delayed, non-performance or breach of contract entered into between You and the third-party for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website; The Company gives no guarantee that the concerned third-party pharmacies will perform any transaction concluded on the Website. The Company is not responsible for the Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You.

6. Content: You agree and acknowledge that the respective third-party pharmacies are exhibiting Third Party Content which includes catalogue of medicines/ pharmaceutical products or services, and information in relation to such medicines/ pharmaceutical products or services, on the Website. The content available on the Website, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any medicine being offered for sale by the third-party pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, the Company shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. Also, You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity of the information provided on the Website and You must do Your own check.
7. The Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third-parties.
8. Prescription Medicines: In order to purchase medicines and pharmaceutical products that require a valid prescription, You are required to upload a scanned copy of the valid prescription on the Website. Third- Party Pharmacies will verify the prescription forwarded by You and in case of any discrepancy observed by the third-party pharmacies, the order will be cancelled by the third-party pharmacies immediately. You are also required to make the original prescription available at the time of receipt of delivery of the order. You shall also allow the delivery agent to stamp the original prescription at the time of medicine delivery, failing which medicines will not be delivered.

9.      Substitution of Prescribed Medicines: You acknowledge and accept that the order for a substitute of a Prescription Medicine would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic medicine to be dispensed in place of the Prescription Medicine in the prescription or if the prescription solely lists the salt names instead of a specific brand name.

1. You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute medicine in place of the Prescription Medicine.
2. Invitation to offer for sale: The listing of medicines and other pharmaceutical products on the Website by the Third Party Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Pharmacies (“Offer”). Post the Offer from the Third Party Pharmacies, the Company shall send an email to You with the information on the Offer along with the details of the concerned Third Party Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third Party Pharmacy(s) after the validation/ verification of the prescription by such Third Party Pharmacy (in case of Prescription Medicines) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other medicines/ pharmaceutical products), by way of a confirmatory email to be sent to You.
3. It is hereby clarified that any reference of the term ‘offer/ offered for sale by the Retail Pharmacies’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Retail Pharmacies.
4. Completion of Sale:Upon acceptance of the Offer by the concerned Retail Pharmacies), the Pharmaceutical Medicines 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 Retail Pharmacies, wherever required under the applicable law(s).

e.      You agree and acknowledge that the property and title in the Pharmaceutical Medicines and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Medicines and Services and the raising of the invoice at the concerned Retail Pharmacies. Accordingly, the sale of Pharmaceutical Medicines and Services is concluded at the concerned Retail Pharmacies itself.

f.      The invoice in relation to the Pharmaceutical Medicines and Services that are required to be delivered to You shall be issued by the concerned Retail Pharmacies which is to process and satisfy the order for such Pharmaceutical Medicines and Services.

10.  Pricing Policy: The price of products shown includes all applicable statutory taxes. We ensure that we take all necessary measures for the pricing and availability of Products to reflect the latest information on Medsmitra website / APP. If  there are any errors due to price changes or product availability. In such cases we are not responsible for those errors and we reserve the right to cancel the sale and refund the amount to you.

1. We also reserve the right to correct any errors due to data typography, inaccuracies, omissions and can change or update any information of the product at any time without any prior notice.
2. The delivery times may vary depending on delivery location, products ordered and working days / public holidays and so on. In general the product will be delivered within Four (4)  to Five (5) business days of the confirming of the order but in some cases there may be delays for which we will communicate to You.

• You can make payments by using the designated payment gateway with any Credit/Debit cards, Net banking and so on.

1. Delivery of the Products: The Pharmaceutical Medicines and Services shall be delivered by the Retail Pharmacies or independent contractors. You accept and acknowledges that the courier/ delivery personnel, engaged by the Retail Pharmacies or the Company, shall be User Agent of the delivery of the Pharmaceutical Medicines and Services from the concerned Retail Pharmacies to the address notified by You, with no control over the Pharmaceutical Medicines and Services and no additional obligation apart from standard delivery obligations and duty of care.

11.  Refund Policy: Medsmitra would like you to have a smooth experience of ordering the Ayush medicines at the click of a button. We do our best to keep you satisfied with the products as required by you. However, should you face any issue we would be ready to issue a refund in the following cases – namely – receipt of a defective item, loss or damage of an item during the transit, receipt of an item that is past its expiry.

12.  Procedure for a return: For processing a return, please send us an email within 24 hours of receipt of the product along with a snapshot of the same.on care@medsmitra.com. Please include in the email details such as your Name, User Name, Products ordered, reason for the refund request. We will arrange for the pick up of the items within 5 business days. The return after the deduction of the restocking fees, will be effected based on the payment mode used by You in certain cases such as Credit cards there might be a delay of 7 to 10 business days also.The return window will be updated regularly and listed in the product details section and in the returns section of the order, once products / services that are handed over by the User’s Agent to the User, depending on the product and / or service ordered by the User, depending on the terms offered by the Third- Party Pharmacy and/or third party vendor .As per terms offered by all the Third-Party Pharmacies and/or any other third party vendor on the Platform. The items shall not be eligible for a return under the following circumstances:

1. If the item has been opened, partially used or disfigured. The User is strongly advised to check the package carefully at the time of acceptance of products by the User from the User’s Agent.
2. If the item is a consumable item.

• If the item’s / packaging/ box/ seal has been tampered with; The User is strongly advised to check the package carefully at the time of acceptance of products by the User from the User’s Agent and it is emphasized that the User should not accept the order if the package appears to be tampered.

1. If it is mentioned on the product detail page that the item is non-returnable.
2. If the return window for any or all items in an order has expired.
3. Any accessories supplied with the item(s) are missing.

• If the item does not have the original serial number / UPC number / barcode affixed, which was present at the time of acceptance of products by the User from the User’s Agent.
• Any damage / defect which is not covered under the manufacturer's warranty.

1. If the item is damaged due to visible misuse.
2. Items related to baby care, food & nutrition, healthcare devices and sexual wellness such as but not limited to diapers, health drinks, health supplements, glucometers, glucometer strips/lancets, health monitors, condoms, pregnancy/fertility kits, etc.

                                              xi.           Return Process: You can raise a request to return any items with these simple steps:

1. Go to My Orders
2. Select the respective order and click on 'RETURN'
3. Check to see if the product/s that you wish to return are returnable and have a valid return-by date.
4. Select the item with quantity and reason for return

• We will pick up the returnable items within 2 - 4 days from the date of request. Please keep the return package ready in its original packaging. You are also requested to keep a copy of the invoice/ bill from the partner licensed retail pharmacy handy for verification. Note: Items marked as "Non-Returnable" on the product detail page or items whose return window has expired cannot be returned. If such an item is indeed returned along with another returnable item, medsmitra.com will disallow a refund or return of the “Non-Returnable” product to you when our partner licensed retail pharmacy verifies the returned item(s).

b.     Refund: Once the refund has been initiated for eligible returns as mentioned above, the amount is expected to reflect in your account as per the following timelines:

1. Medsmitra wallet: Same day;
2. NEFT: 1-3 business days post refund initiation;
3. Online refund: 7-10 business days post refund initiation subject to the bank turnaround time and RBI Guidelines.
4. PhonePe and other wallets: 2-3 business days post refund initiation.
5. The MRP mentioned at the time of return is without discount and the total amount to be refunded listed is an estimate. Total amount paid by You for the medicine(s) will be refunded once pickup is completed and verified by the third-party licensed Retail Pharmacies.

13.  Cookies: We employ the use of cookies. By accessing medsmitra.com you agreed to use cookies in agreement with the medsmitra’s Privacy Policy.

1. Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

14. Intellectual Property rights:
    1. Unless otherwise stated, medsmitra and/or its licensors own the intellectual property rights for all material on medsmitra. You may access this from medsmitra for your own personal use subjected to restrictions set in these terms and conditions. You must not:
       1. Republish material from medsmitra;
       2. Sell, rent or sub-license material from medsmitra;

• Reproduce, duplicate or copy material from medsmitra;

1. Redistribute content from medsmitra.

1. Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Medsmitra does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of medsmitra, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, medsmitra  shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
2. Medsmitra reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions. You warrant and represent that:
   1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
   2. The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;

1. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
2. You hereby grant medsmitra a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.Hyperlinking to our Content: The following organizations may link to our Website without prior written approval:
   1. Government agencies;
   2. Search engines;
   3. News organizations;
   4. Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
   5. System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
   6. These organizations may link to our home page, to publications or to other Website information so long as the link:
   7. is not in any way deceptive;
   8. does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
   9. fits within the context of the linking party's site.
   10. We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

15.  Reservation of Rights: We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

1. Removal of links from our website; If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
2. We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

16. User Account, Password and Security: Company shall enable You to make the requisition of Products and Services available to You through the Website, only if You have provided Company certain required User information, including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account ("Account") through Company ID and password or other login ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the "Account Information'') . The transaction and delivery of the Products by the registered merchants/vendors may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
    4. The Website requires You to register as a User by creating an Account in order to avail of the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Company of any unauthorized use of Your Account or Account Information or any other breach of security, non-compliance with the TP Guidelines and (b) ensure that You exit / log out from Your Account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Paragraph 4. You may be held liable for losses incurred by Company or any other User of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise.
    5. The Website also allows / shall allow restricted access to the Website for unregistered Users.
    6. You shall ensure that the Account Information provided by You in the Website's registration form is true, complete, accurate and up-to-date.
    7. Use of another User's Account Information for availing the services offered by Company is expressly prohibited.
    8. 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 by You.
    9. You confirm that you are the authorised holder of the credit card or the original account holder used in the transactions he/she makes using the Website. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/account details number for using the Website.
    10. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by the Company for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies.
17. Pricing Information and Payment: Company strives to provide You with the best prices possible on the Products You require from the Website. The pricing details for purchase of Products from the Website are detailed under these Terms.
    Further:
    1. All commercial terms such as price, delivery, dispatch of Products and/or services are as per principal to principal bipartite contractual obligations between User and the third parties.
    2. 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/ offered on Company's Website. Company does not guarantee the identity of any third-parties nor does it ensure that a User or a third party will complete a transaction.
    3. understand that upon initiating a requisition on the Website, You are entering into a legally binding and enforceable contract with the third party to purchase the Products and /or Services from the third party on a cash on delivery basis or such other mode as may be specified by the Company.
    4. shall hand over a copy of the prescription, at the time of delivery, for the delivery of Products which as per law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such Products shall be made only if the third party or its agent/employee is satisfied that the prescription is in compliance with applicable norms.
    5. shall electronically notify Company using the appropriate Company’s Website features immediately upon Delivery or non-Delivery within the time period as provided in these Terms of Use. Non-notification by You of delivery or non-delivery within the time period specified in these Terms of Use shall be construed as a deemed delivery in respect of that particular order.
    6. shall be entitled to claim a refund in accordance with the Refund and Return Policy of the Company.
    7. Refund shall be made in Indian Rupees only and shall be equivalent wholly or a part of the Transaction Price received in Indian Rupees.
    8. Refund shall be subject to User complying with these Terms of Use.
    9. Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach of any policy.
    10. The User and third-party acknowledge that Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of Company.
    11. You acknowledge that the Company is a mere facilitator and does not fall within the purview of the Food Safety and Standards Act, 2006 and the rules framed thereunder.
    12. You acknowledge that the Company is a mere facilitator and does not fall within the purview of the Medicines and Cosmetics Act, 1940 and the rules framed thereunder.
    13. You acknowledge that Company is a mere facilitator/intermediary and does not fall within the purview of the National Medical Commission Act, 2019, and the rules and regulations framed thereunder.
18. User Obligations:
    1. Subject to compliance with these Terms, Company grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and the Services provided herein.
    2. You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by:
       1. the Terms; and
       2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

• You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

1. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed herein.
2. If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
   1. Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
   2. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
   3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
   4. Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
   5. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
   6. Engage in any activity that interferes with or disrupts access to the Website or the services (or the servers and networks which are connected to the Website);
   7. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
   8. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
   9. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
   10. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
   11. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
   12. Conduct or forward surveys, contests, pyramid schemes or chain letters;
   13. Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
   14. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
   15. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
   16. Violate any applicable laws or regulations for the time being in force within or outside India;
   17. Violate the Terms including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
   18. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
   19. Company has no obligation to monitor such communications by You. However, Company reserves the right to review materials posted by You and to remove any materials in its sole discretion. Company reserves the right to terminate the User's access to any or all of such communication services provided by Company at any time, without notice for any reason whatsoever.
   20. Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
   21. Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.
   22. You agree that You are solely responsible to Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach.
   23. You agree and acknowledge that Company is not the third party owner of the Products and Company shall in no manner be deemed to be the third party owner of the Products on this Website. Company is only facilitating purchase of the Products by You from the third parties by providing the services to You.
   24. You agree that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
   25. You agree that the Website shall not be used for illegal purposes. The Information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/ account. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
   26. You agree and acknowledge that the exchanges between the third party registered medical practitioners and You over telephone and the e-prescription would be accessible to the Company for the purposes of monitoring the quality of the consultation. The consultation provided by the third-party registered medical practitioner shall be done vide a secured recorded line.
3. Risks associated with Company’s Services: You abide by these Terms of Use, Privacy Policy and any other Company Policy by using the Company’s Services.
4. Redressal of Complaints: We are eager to help you regarding any complaints you may have with the experience you had with our services, please write to us at care@medsmitra.com. On registering your complaint/feedback we will endeavour to accept and acknowledge your correspondence within a 48 hours’ time period.
   We take all the complaints very seriously and will take appropriate actions as and when required based on your feedback. We aim to address and resolve the reported issue within a maximum time frame of 30 days and we will keep you informed about the status of your complaint.
   Please note that the maximum complaint resolution window period mentioned above is subject to the occurrence of any Force Majeure event, including but not limited to, any extraordinary circumstances which is unforeseeable and beyond the human control, such as war or war like conditions, strike, public commotion, lockdowns imposed by government authorities, earthquake, typhoons, torrential rain, storms, riots, plague, epidemic, pandemic or any other unforeseen events declared by the Government as an ‘Act of God’, may affect our normal working hours and manpower at office. The company will not be responsible and/or liable for any loss or damage caused to you, due to the delayed response and/or resolution of the reported complaints in view of the above-stated conditions.
5. Third Party Content: The Website makes available general third party information such as, Product catalogues, lists of vendors, technology and features, advertisements including videos, images and photographs of the Products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Company. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Company does not provide any guarantee with respect to any the Third Party Content and Company shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
6. Disclaimer Of Warranties and Liabilities: You expressly understand and agree that, to the maximum extent permitted by applicable law the website, services and other materials are provided by Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.
7. Indemnification and Limitation of Liability: You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.
   1. Notwithstanding anything to contrary, Company's entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or Product or service, under which the unlikely liability arises.
   2. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.
   3. Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Company cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transactions that are entered into on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
      Company does not, at any point of time during any transaction between Buyer and Seller on the Website. come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
8. Violation of the Terms: You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.
9. Termination: The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.
   1. Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
      1. You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
      2. Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);

• The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable;

1. Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof);

26. Governing Law: These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.
    You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, India and You hereby accede to and accept the jurisdiction of such courts.
27. Report Abuse: In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to Company’s customer support team.
28. Privacy Policy: Company views the protection of Your privacy and information as a very important principle. We store and process Your Account Information including any sensitive personal / financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Company’s current Privacy Policy is available at medsmitra.com/privacy-policy. If You object to Your Information being transferred or used in this way, please do not use Website.
29. Communications: You hereby expressly agree to receive communications by way of SMS, e-mails from Company, phone calls relating to the Products offered through the Website.
    1. A User can unsubscribe / opt-out from receiving communications from Company through SMS and email anytime by:Visiting medsmitra.com to unsubscribe from messages/ SMS; and
    2. Newsletters sent daily at the registered email address and by clicking on the unsubscribe option attached at the bottom of newsletter received through email.
    3. Company will share / sell / transfer / license / convey some or all of your personal information with another business entity, should we (or our assets) plan to merge with or are acquired by that business entity, or reorganization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information. Once You provide Your information to us, You provide such information to Company and affiliates of Company and such Company and its affiliate may use such information to provide You various services with respect to Your transaction, whether such transactions are conducted on www.medsmitra.com or with third party merchants or third party merchant's websites.
    4. The User hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy of the Company in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You. (https://com/privacy-policy)
30. General Provisions:
    1. Notice: All notices of Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to care@medsmitra.com.
    2. Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.
    3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
    4. Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.