Terms and Conditions

Please read these terms and conditions carefully by accessing or using this internet based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to any or all of these terms, please do not use this internet based platform.

1. Scope of Terms and Conditions:

The following terms and conditions (“Terms and Conditions”) apply to the domain name Mymeds247.com (the “Platform”), designed, operated and run by MedinyX Software Solutions Private Limited including its group entities/affiliates (“MedinyX” or “Us” or “We” or “Our” or “Company”), and such Terms and Conditions together with Privacy Policy and Cancellation, Returns and Refunds Policy incorporated herein by reference, constitute the complete agreement (“Agreement”) between the Member and MedinyX in connection with your visit to the Platform and your use of the Services available on the Platform.

2. About Us:

The domain name Mymeds247.com and all their variants, editions, add-ons, and ancillary Subscription Services or Services, an internet based portal, is owned, designed, operated, managed and run by MedinyX Software Solutions Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 having registered office address at S-490 A, Greater Kailash, Part-1, New Delhi- 110048.

3. Eligibility:

Use of the Platform 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 without limitation, minors, un-discharged insolvents etc. are not eligible to use the Platform. The Products and Services shall also not be available to any Member suspended or removed from our Platform 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 and Services through the Platform. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail the services and buy Products provided by the Platform, through your legal guardian in accordance with the applicable laws. We reserve the right to terminate your free health card and / or refuse to provide you with access to the Platform if it is brought to our 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 product and services offered at the Platform to new members or to terminate access granted to existing members at any time without according any reasons for doing so and you shall have no right to object to the same.

4. Accessibility and Availability of the Platform:

We control and operate this Platform from India and make no representation that the materials and the content available on the Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms and Conditions do not constitute, nor may these Terms and Conditions be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

Information that we publish on the Platform may contain references or cross references to our Products, free health card and Services that may or may not be announced or available in your region.

5. Description of the Services:

• MyMeds247.com is a Platform which facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale.
• We do not make any representation or warranty as to legal title of the pharmaceutical products and services offered for sale on the Platform.
• We shall maintain a record of all the prescriptions uploaded by the you and you understand and agree that Platform that can be used by the Members to purchase various services, drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor/medical practitioner to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Platform.
• You are required to upload a scanned copy of the valid prescription on the Platform or email the same to us for verification. We will verify the prescription forwarded by you and in case of any discrepancy in the prescription uploaded by you, we will cancel the order immediately.
• You acknowledge and accept that the order for a substitute/alternate of a Prescription Drug would only be processed if the medical expert/ doctor/medical practitioner has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name or you have provided Your consent in respect of such substitution of the prescribed drug.

• You understand and agree that we provide Platform that provides a variety of online and online-linked health products and services to the Members for health related information and resources. Whenever we use the words "Your physician" or "Your doctor" or "healthcare provider" or similar words on the Platform, including in these Terms and Conditions, We mean your personal doctor with whom you have an actual, mutually acknowledged, doctor-patient relationship. Our Medical Experts/Doctors/ Medical Practitioners are not "Your" physician or healthcare provider.
• You agree and acknowledge that any e-prescription issued pursuant to any online consultancy service as availed by you, shall be issued and in compliance with applicable laws of India. You should follow the advice of Your Doctor at all times. The services are not for use in medical emergencies or for critical health situations and may not be the best solution where a face-to-face consultation is required. Your sole discretion shall apply in such cases. In case of any medical emergency, you should call your nearest doctor/hospital or any related helpline and seek immediate medical assistance without any delay and should under no circumstances, delay seeking advice from your nearest doctor/hospital on account of something that you may have heard/viewed on the Platform. Further, it is your responsibility for ensuring that the information submitted is accurate and the Company shall not make any effort to validate any information provided by you for using the services. The opinions, statements, consultation via digital mode provided by the medical practitioners shall not reflect the opinions of the Company, its affiliates etc. The Company makes no warranty that the services will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data, or any service interruption caused by the Company employees. The Company is not responsible for transmission errors and corruption of data.
• We may record the online consultations between you and the Doctor which may be used for internal training, assessment, review and evaluation purposes. Please note that the all the recordings shall be carried out and stored according to the applicable guidelines and regulations. We are committed and bound by strict levels of patient confidentiality and secrecy in all such cases. You provide your express and explicit consent to the Doctor for recording the proceedings of online consultation. Please contact us immediately if you wish to change your consent after online consultation.
• We require you to provide us with your personal details and a full medical history, so that we may properly assess, diagnose, treat and be proactive in your health care needs or provide you services. We aim to protect the privacy and secure storage of your health information. Please refer to our Privacy Policy which includes information about the collection, use and disclosure of your health information. You understand and agree that not obliged to provide any information requested of me, but failure to do so may compromise the quality of services given to you. You consent to the collection, handling, usage and storage of the personal information and medical data by the Company for all the legitimate and permissible purposes.

• We offer insurance services to our members through Indian carriers/issuers and we act as facilitators to provide you such services. Please refer to Free Health Card Terms and Conditions for details. Please note that we are not insurance company and do not make any recommendation or warranty for quality, functionality or sufficiency of any product or services offered on the Platform. If you wish to avail any services including insurance, you shall do so at your discretion, risk and responsibility.

As a condition of your use of Lab Tests services on the Platform, you agree to below terms:

You may book an appointment for appointment for seeking the laboratory and diagnostic tests offered by MyMeds247 on the Platform. We will send a trained phlebotomist to your place for sample collection as per the appointment scheduled. The sample will be transported to nearest hub. Once the results are processed, you will receive an email with the report of the lab test(s) within the specified time.

We only facilitate members to avail diagnostic test/ package facilities offered by Partner labs (“Labs”). We shall in no event be responsible for services (including allied services such as the sample collection, conducting tests, generating reports etc) provided. The Platform only acts as facilitation service to the members. Notwithstanding anything to the contrary contained herein, Labs shall be solely liable for their dealings and interactions with the members who avail lab test(s) facility from Labs through the Platform and we shall not be liable or responsible in this regard. We do not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details or reports provided by Labs. There may be certain circumstances where sample may be re-collected and You shall agree for the same.

NO DOCTOR-PATIENT RELATIONSHIP:

• The information provided on the Platform does not constitute or construe the practice of any medical, nursing or other professional health care advice, diagnosis or treatment or any medical emergency service. You should always consult your primary doctor/physician or qualified health care provider for diagnosis and treatment, including your specific medical needs. None of the content or services offered through this Platform represents or warrants that any particular service or product is safe, appropriate or effective for you. The Platform does not provide any information that should be considered, or used as a substitute for, consultation, medical advice, diagnosis or treatment. If a Member opts for any kind of medical consultation services provided by Us, he/she shall use or avail such services as his/her own discretion and it shall be his/her sole decision or action to rely on any kind of health diagnosis or advice made by health practitioner or doctor provided or arranged by Us.
• We strictly advise Member to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Our products and services are not intended to be a substitute for getting in touch with any kind of emergency healthcare.
• Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Platform (including information provided in direct response to your queries or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between us and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
• We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Platform. In no event, we shall be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

6. Risks:

You abide by these Terms and Conditions, Privacy Policy and any other Company Policy available on the Platform by using our Services. The registered medical practitioners will not be examining you physically and may not have access to all or some of your medical history that might be critical to consult you. The third party registered medical practitioners will not have the benefit of information that would be obtained by examining you in person, observing your physical condition and by going through your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the registered medical practitioners may not be aware of facts or information that would affect his or her opinion of your diagnosis. Therefore, to reduce the risk of this limitation, we strongly encourage you to be in touch with an on-ground physician and share the registered medical practitioners’ opinion with him/her as the case may be.

You acknowledge and agree, by requesting a medical opinion through the Platform, that-

• the medical opinion is not intended to replace a face-to-face visit with a physician, and it does not replace an actual doctor-patient relationship.
• the advice/information/opinion on diagnosis You may receive could be limited and provisional.
• in case of a second opinion, where there is a difference of opinion among Our registered medical practitioners and Your physician, You would bear the responsibility solely and completely to decide on online or offline consultation, or procedure, and/or treatment.
• the registered medical practitioner is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void.
• in some situations, the registered medical practitioners may determine that the transmitted information is of inadequate quality and quantity and may ask for more information, without which he/she may refuse to answer the query.
• in rare cases, the registered medical practitioners may feel that the query may not be answerable without physically examining the patient/ Member and the consultation may be refused forthwith.
• in exceptional instances, security protocols could fail, causing a breach of privacy of personal medical information despite strict security norms.

7. Editorial Content for the Platform:

As part of the Services provided by us; we may facilitate and allow third party professionals to provide informational content on the Platform.

The Platform clearly distinguishes between the internal editorial content and content that is created or provided by one of external partners. This content will not be reviewed by our in-house editorial Clinical Research Board and shall not be subject to Our Editorial Policy but shall be subject to applicable laws, these Terms and Conditions (except the editorial policy) and the Privacy Policy.

8. Editorial Policy for the Platform:

Please refer to our Editorial Policy for details. The Editorial Policy forms an integral part of these Terms and Conditions and you are requested to carefully review the same. Any editorial content provided on the Platform is purely for informational and educational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. It should NOT be used as a substitute for the professional medical advice, diagnosis, or treatment of an appropriately qualified and licensed physician or other health care provider. Please always consult with your physician if you have any health questions or concerns. We do not attempt to endorse or promote any brand in particular as showcased in the video. Although an attempt has been made to provide accurate and up-to-date information, no guarantee or representation is made to that effect. We do not hold any liability to anyone for any damage arising directly or indirectly from any use of the content provided herein, which is provided as is, and without any prejudice and warranties.

9. Payment, Fees and Taxes:

• All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
• Products in your shopping cart of the Platform will reflect the most recent price as displayed on the Product’s information webpage on the Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart or Product’s information webpage on the Platform in some cases like stock availability etc.
• Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
• You shall be responsible for payment of all fees/costs/charges/taxes (if applicable) associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
• We use a third-party payment gateway for processing payments due to us. The processing of payments will be subject to the terms, conditions and privacy policies of the payment gateway, in addition to these Terms and Conditions. We have no control and are not liable for the security or performance of the payment gateway.

10. Warranties and Disclosures:

You represent and warrant that:

• Your use of the Platform and/or Services will not violate any applicable law or regulation;
• All information that is submitted to us in connection with the Platform and/or Services is true, accurate and lawful;
• Use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
• You will use the Platform for lawful purposes only and will not undertake any activity that is harmful to the Platform or its content or otherwise not envisaged through the Platform. You have a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to these Terms and Conditions.

11. Return, Refund, Cancellation and Shipping charges:

Please refer to our Cancellations, Returns and Refunds Policy for details. The Cancellations, Returns and Refunds Policy forms an integral part of these Terms and Conditions and you are requested to carefully review the same.

12. Prohibited and Restricted Use:

You agree that you will not:

• Upload or transmit any communications or content of any type that may infringe or violate any rights of any party.
• Use the Platform for any purpose in violation of local, state, national or international laws.
• Use the Platform as a means to distribute advertising or other unsolicited material to any third party.
• Use the Platform to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, threatening, tortious, hateful or embarrassing to any other person or entity.
• You, the Member, warrant that you will not attempt to discover or access the source code of the Platform, in whole or in part, unless it has been expressly published by us and released into the public domain.
• Attempt to disable, disrupt, hack or otherwise interfere with the proper functioning of this the Platform.
• Circumvent, disable, or otherwise manipulate any of Platform’s security features or any features preventing or restricting the use or copying of the content that is available via Platform.
• Create multiple Member Accounts on Platform.
• Provide false or misleading information in the Member Account details.
• Use Platform if we have temporarily suspended your right of use, or forbidden you to continue using it.
• Send junk mail, spam or repeated messages.
• Enter information or comments about any third-party without the consent of the third-party concerned.
• infringes any patent, trademark, copyright or other proprietary rights.
• impersonates or defames another person; or
• Make false or malicious statements against the Services, Platform or us.

13. Non-Compliance of Section- 13:

The non-compliance with the provisions listed in Section- 13 represents a material breach of these Terms and Conditions, and may result in us, at our sole discretion, initiating the following measures – either individually or in combination:

• The immediate, temporary suspension or permanent withdrawal of the right to access the Platform,
• A warning notification being sent to you,
• Initiation of legal proceedings against you, including a claim for reimbursement of any costs and expenses incurred due to the breach of agreement (including reasonable administrative costs and legal fees), and
• Disclosure of information to the law enforcement authorities, if and to the extent permitted by law and deemed by us to be necessary.
• The reaction to a breach of agreement committed by you is not limited to the actions described in this Section, i.e. we are entitled to take any further action in accordance with these Terms and Conditions and/or statutory law.

14. Disclaimers:

We shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Platform, any information contained on the Platform, your or your company's personal information or material and information transmitted over our system. In particular, neither We nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

15. Reviews and Feedback:

You are solely responsible for the content that you choose to submit for publication on the Platform, including any feedback, ratings, or reviews relating to Practitioners or other healthcare professionals. MedinyX, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with this Agreement.

16. Confidentiality, Data Security and Privacy:

We respect your right to privacy and confidentiality in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy.

17. Indemnification and Limitation of Liability:

MedinyX shall not be liable for any damage resulting from false or incomplete information given by the Member, especially the health data. The Members are solely responsible for their health data’s correctness and timeliness. In the event that claims, damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) are made against MedinyX by a third party (e.g. Members, Healthcare Providers) because of the absence of correctness or timeliness of the Member’s data and information, the respective Member undertake to fully indemnify MedinyX. Members shall also fully indemnify and hold MedinyX harmless from and against any claims, damages, liabilities, costs, losses and expenses arising out of (i) Members' negligent breach of these Terms and Conditions and (ii) Members' negligent violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right.

18. Intellectual property rights:

MedinyX is the sole and exclusive owner of the Platform, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Platform and any related materials and documentation. No title or ownership of the Platform or any portion thereof is transferred to you hereunder. MedinyX reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Platform.

19. General Terms:

• Force Majeure

  It is accepted and acknowledged that MedinyX shall not be liable for any loss or damage caused to the Member as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, pandemics, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of MedinyX or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond MedinyX’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, MedinyX, depending on whose performance has been impacted under the Terms and Conditions, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

• Termination

  If you violate these Terms and Conditions, your ability to use the Platform will be terminated. MedinyX may, in its sole discretion, terminate your access to the Platform, or any portion thereof, for any reason whatsoever without prior notice. Further, MedinyX shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Platform. Upon any termination of these Terms and Conditions you must immediately cease use of the Platform. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.

• Governing Law and Dispute Resolution

  These Terms and Conditions and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to access to, or use of, the Platform or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Gurugram, Haryana. All disputes will be subject to arbitration at Gurugram, Haryana in English by a sole arbitrator appointed by MedinyX under the Arbitration and Conciliation Act, 1996.

• Survival

  Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

• Severability

  If any provision of this document is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

• Relationship

  The relationship of the parties shall be that of independent contractor and not of employment, partnership, or joint venture, unless expressly provided otherwise in the Platform. Neither party shall have, nor represent that it has, any right or authority to bind the other to assume or create any obligation or responsibility expressed or implied on behalf of the other or in the other’s name unless provided in the Platform.

• Changes to these Terms and Conditions

  We have the right to amend, adapt or supplement the present Terms and Conditions from time to time. The current version of the Terms and Conditions can be found on our Platform from time to time.

  Any changes to these Terms and Conditions will usually be the result of new features being added to the Platform, or of changes in the legislation or applicable Regulations.

  If you do not agree to any or all of the changes made by us to these Terms and Conditions, you may cease using the Platform and its services with immediate effect.

• Waiver

  No provision of these Terms and Conditions shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by MedinyX. Any consent by MedinyX to, or a waiver by MedinyX of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

• Assignment

  These Terms and Conditions are personal to you, and are not assignable, transferable, or sub-licensable by you except with MedinyX’s prior written consent. MedinyX may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

• Time Limitations

  Any and all legal actions and claims arising under this Platform shall be barred unless written notice thereof is received by MedinyX within one (1) year of the date of the event giving rise to such action or claim. In no case whatsoever MedinyX shall be liable for any Claim under this Platform, which have been made after expiry of above limitation period and then any such claim/legal action shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable.

20. Contact Information:

If you have any questions concerning MedinyX, the Platform, this Agreement, the Services, or anything related to any of the foregoing, MedinyX can be reached at the following email address: care@mymeds247.com or via the contact information available from the following: www.mymeds247.com .

21. Grievance Redressal, Complaints and Feedback:

We strive to provide the best service to all our Members. Should you however, come across any areas we can improve on, we would like to hear about it from you.

For Feedback and Complaints, please email us at care@mymeds247.com.

If you have any concern about the Terms and Conditions or grievances about the Platform or our services, please contact us with a thorough description and we will try to resolve the issue for you. Please address them to our grievance redressal officer at care@mymeds247.com.