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Terms And Conditions

Part A : Privacy Statement

A.   Context

1.   What is www.medkart.in?

  • www.medkart.in ("Website") is an internet based portal owned and operated by Medkart Pharmacy. The Website is a platform that facilitates the online sale and purchase of pharmaceutical products offered by Medkart Pharmacy. The Services are offered to the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various services. These terms and conditions of the Website between Medkart and the users of the Website describe the terms on which Medkart offers you access to the Website and the Products through the Website.
  • www.medkart.in ("Website") is an internet based portal owned and operated by Medkart Pharmacy. The Website is a platform that facilitates the online sale and purchase of pharmaceutical products offered by Medkart Pharmacy. The Services are offered to the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various services. These terms and conditions of the Website between Medkart and the users of the Website describe the terms on which Medkart offers you access to the Website and the Products through the Website.
  • CUSTOMER DATA: For providing its Products, Medkart will host data and information. Medkart will not review, share, distribute, or reference any such User data except as provided in the Terms of Use, or as may be required by law. Individual records of User data may be viewed or accessed only for the purpose of resolving a problem, support issues, or suspected violation of the Terms of Use, or as may be required by law. We would take all reasonable precautions for maintaining confidentiality of data.
  • Medkart can be reached, for all questions and directions related to this privacy policy, by:

    a.   Sending a letter marked to the attention of Medkart Pharmacy, First Floor, Ishwar Complex, Opp S P Stadium, Navrangpura, Ahmedabad 380009

    Or

    b. Sending an email to info@medkart.in

2.   Why this privacy policy ?

  • This privacy policy is published in compliance of
    a. Section 43A of the Information Technology Act, 2000;
    b. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"); and
    c. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
  • This privacy policy states the following:
    a. The type of information collected from the visitors of the Website and the Users, including sensitive personal data or information;
    b. The purpose, means and modes of usage of such information; and
    c. How and to whom Medkart will disclose such information.
  • CUSTOMER DATA: For providing its Products, Medkart will host data and information. Medkart will not review, share, distribute, or reference any such User data except as provided in the Terms of Use, or as may be required by law. Individual records of User data may be viewed or accessed only for the purpose of resolving a problem, support issues, or suspected violation of the Terms of Use, or as may be required by law. We would take all reasonable precautions for maintaining confidentiality of data.

3.   What is personal information ?

  • This privacy policy is published in compliance of:
    a. Section 43A of the Information Technology Act, 2000;
    b. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"); and
    c. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
  • This privacy policy states the following:
    a. The type of information collected from the visitors of the Website and the Users, including sensitive personal data or information;
    b. The purpose, means and modes of usage of such information; and
    c. How and to whom Medkart will disclose such information.
B.   Privacy Statements

1.   All Visitors and Users Note

  • This section applies to all visitors and the Users.
  • Accordingly, a condition of each User's use of and access to the Website and to the other services provided by Medkart to Users is their acceptance of the Terms of Use located at Part B below, which also involves acceptance of the terms of this privacy policy. Any User that does not agree with any provisions of the same is required to leave the Website immediately.
  • A User may have limited access to the Website and utilize some of the Services provided by Medkart without creating an account on the Website. Unregistered Users can access some of the information and details available on the Website. In order to have access to all the features and benefits on our Website, a User may be required to first create an account on our Website. To create an account a User is required to provide the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including Medkart, to identify the User: name, User ID, email address, country, ZIP/postal code, age, phone number, password chosen by the User and valid financial account information. Other information requested on the registration page, including the ability to receive promotional offers from Medkart, is optional. Medkart may, in future, include other optional requests for information from the User to help Medkart to customize the Website to deliver personalized information to the User. Without User's agreement, Medkart will not share, rent or sell any personal information with third parties in any way other than what is disclosed in this privacy policy.
  • All the information provided to Medkart by a User, including sensitive personal information, is voluntary. User has the right to withdraw his/her/its consent at any time, in accordance with the terms of this privacy policy and the Terms of Use, but please note that withdrawal of consent will not be retroactive.
  • User can access, modify, correct and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. If User updates any of his/her/its information, Medkart may keep a copy of the information which User originally provided to Medkart in its archives for uses documented herein. Medkart takes User's rights seriously and encourages User to use them if User deems this to be appropriate. User may exercise these rights by emailing Medkart at info@medkart.in.
  • Due to the communications standards on the Internet, when a User visits the Website, Medkart automatically receive the URL of the site from which such User came and the site to which such User is going when he/she/it leaves. Medkart also receives the Internet Protocol (IP) address of each User's computer (or the proxy server a User used to access the World Wide Web), User's computer operating system and type of web browser the User is using, email patterns, as well as the name of User's ISP. This information is used to analyze overall trends to help Medkart improve its Services. The linkage between User's IP address and User's personally identifiable information is not shared with third-parties without such User's permission or except when required by law. Notwithstanding the above, Medkart may share some of the aggregate findings (not the specific data) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
  • The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Medkart and its service providers for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Medkart may allow authorized third parties to place or recognize a unique cookie on the User's browser. Medkart does not store personally identifiable information in the cookies.
  • Medkart may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of Services, research and development and for User administration.
  • Medkart allows other companies, to serve advertisements to the Users. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. Medkart may "target" some ads to User that fit a certain general profile. Medkart does NOT use personally identifiable information to target ads.
  • This privacy policy applies to web sites and services that are owned and operated by Medkart. Medkart does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users' computer, collect data or solicit personal information from the Users, for which Medkart is not responsible or liable. Accordingly, Medkart does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does Medkart guarantee the ccuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by Medkart of the website, the website's provider, or the information on the website. Medkart encourages the User to read the privacy policies of that website.
  • The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Medkart hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.
  • Medkart does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, storage and disclosure of which each User must agree to under the terms of use in order for Medkart to effectively render the Services).
  • Medkart does not knowingly collect personal data from children.
  • Medkart has implemented Indian legal industry standard security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.
  • Medkart will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any Indian law or judicial decree or when Medkart, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply our terms of use.
  • Medkart addresses any discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, Medkart has designated a Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:

    a. Sending an email to ankur@medkart.in

2.   Casual Visitors Note

  • No sensitive personal data or information is automatically collected by Medkart from any casual visitors of this website, who are merely perusing the site.
  • Nevertheless, certain provisions of this privacy policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this Website immediately.
  • If you, as a casual visitor, have inadvertently browsed any other pages of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by Medkart. All visitors, however, encouraged to use the "clear cookies" functionality of their browsers to ensure such clearing / deletion, as Medkart cannot guarantee, predict or provide for the behavior of the equipment of all the visitors of the Website.
  • You are not a casual visitor if you have willingly submitted any personal data or information to Medkart through any means, including email, post or through the registration process on the Website. All such visitors will be deemed to be, and will be treated as Users for the purposes of this privacy policy, and in which case, all the statements in this privacy policy apply to such persons.

3.   Users Note

  • As part of the registration/application creation and submission process that is available to Users on this website, certain information, including sensitive personal data or information is collected from the Users.
  • All the statements in this privacy policy apply to all Users, and all Users are therefore required to read and understand the privacy statements set out herein prior to submitting any sensitive personal data or information to Medkart, failing which they are required to leave this Website immediately.
  • If you have inadvertently submitted any such information to Medkart prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, stored or used, then you may access, modify and delete all information stored about You by Medkart by clicking on the "Edit Profile" link on the navigation bar of the Website. In addition, any User can ask Medkart, by sending an email to info@medkart.in whether Medkart is keeping personal data about him/her, and every User is also entitled to require Medkart to delete and destroy all such information relating to him/her (but not other Users) in its possession.
  • Users' personally identifiable information they choose to provide on the Website is used to help the Users describe / identify themselves. Other information that does not personally identify the Users as an individual, is collected by Medkart from Users (such as, patterns of utilization described above) and is exclusively owned by Medkart. Medkart may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. If Medkart wishes to use any User's personal data for a new purpose, it will seek such User's permission before doing so.
  • Medkart will communicate with the Users through email and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The Users can change their e-mail and contact preferences at any time by logging into their "Account" at www.medkart.inand changing the account settings.
  • At times, Medkart conducts a User survey to collect information about Users' preferences. These surveys are optional and if Users choose to respond, their responses will be kept anonymous. Similarly, Medkart may offer contests to qualifying Users in which we ask for contact and demographic information such as name, email address and mailing address. None of this information is shared with third parties, except in summary form, if at all. The demographic information that Medkart collects in the registration process and through surveys is used to help Medkart improve its Services to meet the needs and preferences of Users. This may include targeting advertising to Users about our Services. Information we gather through a contest may also be disclosed to third parties, as necessary, for prize fulfillment and other aspects of any contest or similar offering.
  • All Medkart employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every User's sensitive personal data and information.
  • Medkart may also disclose or transfer User's personal and other information a User provides, to another third party as part of reorganization or a sale of the assets of a Medkart corporation division or company. Any third party to which Medkart transfers or sells its assets will have the right to continue to use the personal and other information that a User provide to us.
  • To the extent necessary to provide Users with the services on the Website, Medkart may provide their Personal Information to third party contractors who work on behalf of or with Medkart to provide Users with such services, to help Medkart communicate with Users or to maintain the Website. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, will have rights to use and disclose the personal information collected in connection with the provision of these services in accordance with their own privacy policies.
C.   Registration Process

1.   As part of the registration process, Medkart collects the following personal information from the Users:

  • Name
    User ID
    Email address
    Address (including country and ZIP/postal code)
    Gender
    Age
    Phone number
    Password chosen by the User
    Valid financial account information; and
    Other details as the User may volunteer
  • All the information listed in S. 3.1of this privacy policy ("User Information") is maintained by Medkart in electronic form on its equipment, and on the equipment of its employees. User Information may also be converted to physical form from time to time. Regardless of the manner of storage, Medkart will keep all User Information confidential, and will only disclose End User Information in the following manner:

    Medkart makes all User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.

    Part of the functionality of the Website is assisting the Sellers to maintain and organize such information to effect sale and purchase of products. Medkart may, therefore, retain and submit all such records to the appropriate authorities, or to Sellers who request access to such information.

    Part of the functionality of the Website is assisting the Users to access information relating to pharmaceutical products. Medkart may, therefore, retain and submit all such records to the relevant Users.

    Notwithstanding the above, Medkart shall not be responsible for any breach of security or for any actions of any third parties that receive Users' personal data or events that are beyond the reasonable control of Medkart including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
C.   Registration Process

1.   As part of the registration process, Medkart collects the following personal information from the Users:

  • The Users acknowledge that this privacy policy is part of the Terms of Use and unconditionally agree that becoming a User of the Website and its Services signifies their assent to this privacy policy. User's visit and any dispute over privacy is subject to this policy and Terms of Use. Medkart may update this privacy policy at any time, with or without advance notice. In the event there are significant changes in the way Medkart treats User's personally identifiable information, Medkart will display a notice on the Website or send Users an email, as provided for above. Unless stated otherwise, Medkart's current privacy policy applies to all information that Medkart has about Users and their account. N otwithstanding the above, Medkart shall not be required to notify the Users of any changes made to the privacy policy.
  • If a User uses the Service after notice of changes have been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed practices.

Part B: Terms of Use for products available on its Website

A.   What is this document?
  • These Terms of Use, read together with the privacy policy located at Part A above, constitute a legal and binding contract between you the User (whether you are a visitor or a User) of the one part, and Medkart of the other Part (the "Agreement") providing, among other things, the terms and conditions for use of Services hosted and managed remotely through the Website. The site www.medkart.in is owned and operated by Medkart Pharmacy.
  • You must be 18 years of age or older in order to register, use this computer resource, or visit or use the Website in any manner. By registering, visiting the Website or accepting this Agreement, you represent and warrant to Medkart that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by this Agreement.
  • The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:

    the Indian Contract Act, 1872,

    the (Indian) Information Technology Act, 2000, 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 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
  • A condition of the User's use of and access to the Website and to the other services provided by Medkart to Users (together with the Website, the "Services") is the User's acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website immediately and immediately discontinue use of all other Services.
  • Medkart recommends that you must read the terms of use carefully. YOUR USE OF SERVICES ON THE WEBSITE MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
  • Medkart authorizes the User to view and access the content available on or from the Website solely for visiting, ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Medkart Content"), are the property of Medkart and are protected under copyright, trademark and other laws. User shall not modify the Medkart Content or reproduce, display, publicly perform, distribute, or otherwise use the Medkart Content in any way for any public or commercial purpose or for personal gain. Multiple people are not permitted to share the same/single log-in.
B.   Services and use of Website
  • The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Reliance on any information appearing on the Website, whether provided by Medkart, its content provides, visitors to the Website or others, is solely at Your own risk.
  • Medkart advises the Users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from Your doctor or other qualified health care provider because of something You have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
  • You must have a prescription from a registered medical practitioner a scanned copy whereof shall be uploaded at the time of placing an order or be provided at the time of delivery of pharmaceutical products. Prescription medicines are delivered only after a prescription given by a registered medical practitioner has been received. Medkart maintains a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and subject to applicable laws may also be used to re-order the prescribed medicines.
  • Sellers must be legally able to sell the item(s) such Seller offers for sale on the Website. Sellers must ensure that the offered items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe the item for sale. All offered items must be kept in stock for successful fulfillment of orders received. The description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, the Seller agrees to refund any amounts that such Seller may have received from the buyer.
  • The Sellers represent and confirm that such Seller shall be the sole and exclusive legal owner of all items, goods or products of any description that they wish to offer for sale on the Website. Sellers shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. Sellers shall not, either alone or in conjunction with other Sellers, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
  • Users shall at all times ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations (including, but not limited to sales tax/ VAT, income tax, octroi, service tax, central excise, custom duty, local levies etc.) regarding your use of Service and purchase, solicitation of offers to purchase, and sale of items or services on the Website. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or regulations for the time being in force.
  • From time to time, Sellers shall be responsible for providing information relating to the items or services offered by such Seller. In this connection, Sellers undertake that all such information shall be accurate in all respects. Sellers shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner. Sellers shall not offer any habit forming or narcotic medications, also known as scheduled drugs or controlled substances in some countries.
  • You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your information, in any media now known or not currently known, with respect to Your information to enable Medkart to use the information for the purpose of providing the Services.
  • Medkart provides Services through the Website, which is a platform that facilitates the online sale and purchase of pharmaceutical products and services offered by Sellers. You understand and agree that Medkart and the Website merely provides hosting services to its Users and persons browsing / visiting the Website. All items advertised / offered and the contents therein are advertised and offered by Sellers and are third party user generated contents. Medkart neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects the information contained in the transmission. Medkart has no control over the third party user generated contents.
  • The Website is only a platform through which Users may meet and interact with Sellers for their transactions. Medkart is not and cannot be a party to or control in any manner any transaction between the Users of the Website and the Sellers.
  • 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 goods and services and after sales services related to goods and services. Medkart does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and Sellers.
  • Medkart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Sellers. You are advised to independently use Your best judgment in that behalf.
  • Medkart is not responsible for any non-performance or breach of any contract entered into between buyers and Sellers. Medkart cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website. Medkart shall not and is not required to mediate or resolve any dispute or disagreement between buyers and Sellers. Medkart does not make any representation or warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Medkart does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Medkart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • Medkart does not at any point of time during any transaction between buyer and Seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by Seller to buyer. Medkart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller.
  • Medkart may, at its sole discretion, suspend User's ability to use or access the Website at any time while Medkart investigates complaints or alleged violations of this Agreement, or for any other reason. If Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact Medkart immediately for such corrections. Medkart shall have no liability or responsibility in this regard.
  • Payment, Fees and Taxes:

    Registration on the Website and the information is free. Medkart does not charge any fee for browsing and buying on the Website. The User agrees to make all payments directly to the respective Seller for purchase of products from such Seller. Medkart is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Medkart. These payments could be collected personally from the User by the concerned Seller. Such Seller may appoint collection agents for the collection of payments from the Users. Medkart shall not be responsible for any act or omission on the part of such collection agents as Medkart exercises no control over such third parties.

    Each User / member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Medkart is in no way responsible for any of the taxes.
C.   Collection, Use, Storage and Transfer of Personal Information
  • The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules, and are reproduced in the privacy policy.
  • The privacy policy sets out:

    The type of information collected from Users, including sensitive personal data or information;

    The purpose, means and modes of usage of such information; and

    How and to whom Medkart will disclose such information.
  • You must have a prescription from a registered medical practitioner a scanned copy whereof shall be uploaded at the time of placing an order or be provided at the time of delivery of pharmaceutical products. Prescription medicines are delivered only after a prescription given by a registered medical practitioner has been received. Medkart maintains a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and subject to applicable laws may also be used to re-order the prescribed medicines.
  • The User is expected to read and understand the privacy policy, so as to ensure that he or she has the knowledge of:

    the fact that the information is being collected;

    the purpose for which the information is being collected;

    the intended recipients of the information;

    the name and address of the agency that is collecting the information and the agency that will retain the information; and

    the various rights available to such Users in respect of such information.
  • Medkart shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Medkart or any Seller.
  • The use of this computer resource involves every User's registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the privacy policy. The other information collected by Medkart from Users as part of the registration process is described in the privacy policy. The consent and revocation procedures in relation to the same are set out in the privacy policy.
  • The User is responsible for maintaining the confidentiality of the User's account access information and password. The User shall be responsible for all uses of the User's account and password, whether or not authorized by the User. The User shall immediately notify Medkart of any actual or suspected unauthorized use of the User's account or password.
  • If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Medkart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Medkart has the right to suspend or terminate such account at its sole discretion.
C.   Covenants
  • As mandated by Regulation 3(2) of the IG Rules, Medkart hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that -

    Belongs to another person and to which the User does not have any right to;

    is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

    harm minors in any way;

    infringes any patent, trademark, copyright or other proprietary rights;

    violates any law for the time being in force;

    deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    impersonate another person;

    contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

    ix. is prohibited under applicable law for the time being in force including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860 as amended from time to time and rules made there under;

    threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
  • The User is also prohibited from -

    violating or attempting to violate the integrity or security of the Website or any Medkart Content;

    transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Medkart;

    intentionally submitting on the Website any incomplete, false or inaccurate information;

    making any unsolicited communications to other Users;

    using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

    attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

    copying or duplicating in any manner any of the Medkart Content or other information available from the Website;

    framing or hot-linking or deep-linking any Medkart Content.
  • Medkart, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 4.2 above, shall be entitled to disable such information that is in contravention of S. 4.2. Medkart shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
  • In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the privacy policy) by a User, Medkart has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.
  • Medkart may disclose or transfer User Information (as defined in the privacy policy) to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit Medkartto transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Medkart as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Medkart or any person on its behalf and the user or where the User has consented to data transfer.
D.   Liability
  • Medkart shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made by Medkart, where the User has consented to the making of disclosures by Medkart. If the User had revoked such consent under the terms of the privacy policy, then Medkart shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Medkart prior to its actual receipt of such revocation.
  • The User shall not hold Medkart responsible or liable in any way for any disclosures by Medkart under Regulation 6 of the SPI Rules.
  • The Services provided by Medkart or any of its licensors or 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). Medkart does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. Medkart does not verifies any content or information provided by the Sellers on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Website, the Services, the Medkart Content, representations and warranties made by the Sellers or the content or information provided by such Seller on the Website or any opinion or suggestion given or expressed by Medkart or any Seller in relation to any User or Services provided by Medkart.
  • The Website may be linked to the website of third parties, affiliates and business partners. Medkart has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Medkart endorses the linked site. User may use the links and these services at User's own risk.
  • Medkart assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's 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 a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
  • 6. In no event, including but not limited to negligence, shall Medkart, or any of its directors, officers, employees, agents or content or service providers (collectively, the "protected entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, User's provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any service by a Seller to any User. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User's use of the Website exceed, in the aggregate Rs.1000.
  • In no event shall the protected entities be liable for failure on the part of the Sellers to provide agreed products or services. 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 any Seller.
  • The listing of Sellers on the Website is based on numerous factors including User's comments and feedbacks. In no event shall the protected entities be liable or responsible for the listing order of Sellers on the Website.
E.   Indemnity
  • User agrees to indemnify and hold harmless Medkart, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of this Agreement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Medkart will notify you promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
F.   Term, Termination and Disputes
  • This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity.
  • The User can terminate his/her/its membership with Medkart at any time by providing prior written notice to info@Medkart.in
  • Medkart reserves the right to terminate any account in cases:

    A User breaches any terms and conditions of this Terms of Use or privacy policy;

    Medkart is unable to verify or authenticate any information provide to Medkart by a User;

    or

    Medkart believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for Medkart or are contrary to the interests of the Website.
  • Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account.
  • Medkart shall have no obligation to maintain or provide any of User's data and shall thereafter, unless legally prohibited, delete all User's data in its systems or otherwise in its possession or under its control.
  • Medkart reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User's content from the Website and immediate termination of the User's account with or without ability to access the Website and the other Services, upon any breach by the User of this Agreement or if Medkart is unable to verify or authenticate any information the User submits to Medkart, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Medkart to provide the Services to the User.
  • This Agreement and any contractual obligation between Medkart and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Ahmedabad.
  • All disputes will be subject to arbitration in Ahmedabad in English by a single arbitrator appointed by Medkart under the Arbitration and Conciliation Act, 1996.
  • Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
G.   Severability & Waiver Contact Information
  • If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
H.   Contact Information
  • If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at info@medkart.in
  • If a User has any questions concerning Medkart, the Website, this Agreement, or anything related to any of the foregoing, Medkart can be reached at the following email address - info@medkart.in or via the contact information available from the following www.medkart.in/contactus