This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
www.medxtra.in ("Website") is an Internet based portal owned and operated by company, a company incorporated under the laws of India. Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made by company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s).
company 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.
Company shall not be liable to deliver any Products purchased by You for delivery, in locations outside India.
The customer agrees to use the service to authorize an individual and get the products from the vendor on his/her behalf.2. Products
The Website is a platform that facilitates the online requisition by the user for purchase of medicines and wellness / health related products offered by company's various registered merchants / vendors ("Products"). The sale & purchase / transaction between the registered merchants/vendors and You, of Products , facilitated by the requisition placed by You on the Website shall be governed by these Terms.3. Eligibility to Use
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. The Products shall also not available to any Users suspended or removed from the company's system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the Products through the Website. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services provided by the Website, through Your legal guardian in accordance with the applicable laws. reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to company's notice or if it is discovered that you are under the age of 18 years.
company reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.
You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.4. User Account, Password, and Security
company shall enable You to make the requisition of Products available to You through the Website, only if You have provided company certain required User information and created an account ("Account") through company ID and password or other log-in 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.
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, 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 Section 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. The Website also allows / shall allow restricted access to the Website for unregistered Users.
You shall ensure that the Account Information provided by You in the Website's registration form is true, complete, accurate and up-to- date. Use of another User's Account Information for availing the services offered by company is expressly prohibited.
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.
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.5. 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.
(a) 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 Vendor.
(c) You, as a User, understand that upon initiating a requisition on the Website that You are entering into a legally binding and enforceable contract with the Vendor to purchase the Products and /or services from the Vendor on a cash on delivery basis or such the mode as may be specified by company.
(d) You, as a User, 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 Vendor or its agent/employee is satisfied that the prescription is in compliance with applicable norms. As a further addition in the process for fulfillment, our partner retailer would require your original prescription for validation and verification. The same would be returned at the time of delivery of products ordered.
(g) Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
(i) 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.
(j) The User and Vendor 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.
(k) You acknowledge that 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.
(l) You acknowledge that company is a mere facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder.
(m) The customer also agrees to pay a nominal fee for the same.6. User Obligations
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.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Website in accordance with Section 7 below.
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 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.
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 under Section 17 herein.
If 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:
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.
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.
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.
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.
You agree and acknowledge that company is not the Vendor of the Products and company shall in no manner be deemed to be the Vendor of the Products on this Website. company is only facilitating purchase of the Products by You from the vendors by providing the services to You.
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.7. Use of Materials
Except as expressly indicated to the contrary in any applicable Additional Terms, company hereby grants You a personal, non-exclusive, freely revocable (upon notice from company), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following condition:
The rights granted to You in the Product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Product catalogues or any other materials available on the Website shall not be copied or retransmitted unless expressly permitted by company.
Any software that is available on the Website is the property of company or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of company.
Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.8. Usage Conduct
You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.9. Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of company or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of company, the relevant vendor or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, company owns all intellectual property rights to and into the trademark www.medxtra.in, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from company or third party owner of such Content.10. 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.11. Disclaimer Of Warranties & Liability
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. without limiting the foregoing, company makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from company or through or from use of the services shall create any warranty not expressly stated in the terms.
to the maximum extent permitted by applicable law, company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
company will not be liable for any loss that you may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Website or any services or materials, either with or without your knowledge. company has endeavored to ensure that all the information on the Website is correct, but company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. company shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. further, company shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond company's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. company is not responsible for any typographical error leading to an invalid coupon. company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
company shall not be liable for any third party product or services. the advertisement available on e-mail or website with respect to the third party website or the Products are for information purpose only.
You expressly agree that Your use of the Website is at Your risk.12. Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless company including but not limited to its affiliates, vendors, 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.
Notwithstanding anything to contrary, company's entire liability to You under this Terms or otherwise shall be the refund of the money charged from You for any specific voucher or Product or service, under which the unlikely liability arises.
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.
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 <no transactions 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.
It no time shall company hold any right, title or interest over the products nor shall company have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.13. 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.
You agree that company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
If company does take any legal action against You as a result of Your violation of these Terms, company will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to company.14. 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.
company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
company may also terminate or suspend all or a portion of Your account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
You agree that all terminations shall be made in company's sole discretion and that company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until company chooses to terminate them.
If You or company terminates Your use of the Website, company may delete any content or other materials relating to Your use of the Website and company will have no liability to You or any third party for doing so.15. 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 Lucknow, India and You hereby accede to and accept the jurisdiction of such courts.16. Report Abuse
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.
A User can unsubscribe / opt-out from receiving communications from company through SMS and e-mail anytime by:
by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail19. General Provisions
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 firstname.lastname@example.org
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.
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.
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.