Pharmacy Terms & Conditions

Pharmacy Terms & Conditions

Last Updated: 30th December 2020

Introduction:

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

General:

mymedi.store or easocare.com, an internet based portal and ‘Easocare for Pharmacy’ a mobile application, (hereinafter together be referred to as “Website”) is operated by Easocare Private Limited (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013. 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). For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Account Information (defined below) while registering on the Website as a registered User using the computer systems. 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. By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely browsing the Website, You agree that you have read, understood and agreed to be bound by, including without limitation, these Terms, the Website’s Privacy Policy. and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. Company shall not be liable to deliver any Products purchased by You for delivery, in locations outside India. The User agrees to use the service to authorise an individual and get the products from the third party on his/her behalf.

Services:
  1. launch online medical store; and
  2. Activate pre-filled medicine catalogue which may be shared with their respective customers through various platforms (collectively, “Services”). Please note that ‘Services’ would include any other future services we may provide or propose to provide.
Onboarding:
  1. To avail the Services, a User would be required to create a profile/sign-up on the Platform (“Profile”) using his/her email ID and phone number among other details. In addition to verifying his/her mobile number via OTP, the User will be required to furnish certain details, including but not limited to phone numbers and details of its establishment. The User warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respects. The User further agrees and undertakes to promptly update its details on the Platform in the event of any change or modification of such details.
  2. The User expressly agrees to be liable and accountable for all activities that take place through its Profile in furtherance of the use of Service or otherwise. The Company expressly excludes any liability for any unauthorised access to a User’s Profile.
  3. The User agrees to receive communications from the Company regarding: (i) information relating to the Company and the Services; (ii) promotional offers and services from the Company and its third party partners, and (iii) any other matter in relation to the Services.
User Details:
  1. The Company may require Users to upload certain information and documents that may be necessary to ascertain their eligibility to use certain features of the Services including but not limited to documents or information pertaining to the location of the User, any registration obtained by the User in relation to its business (“User Documents”).
  2. The User hereby authorises the Company and any third-party service provider it may engage with or interact with in connection with using the Platform to use the User Documents in relation to or in connection with the Services. Any usage undertaken by the Company shall be in accordance with its Privacy Policy and these Terms. It is hereby clarified that as far as the permission of the User Documents by a third party service provider is concerned, the same shall be governed by the privacy policy of such third party service provider.
  3. The User agrees that it may be required to submit additional documents as and when required by the Company or any of its third party service providers and if, in such an event, any additional information, data, or documentation is required (collectively, “Top-Up Documents”), the User hereby agrees to share such Top-Up Documents promptly upon request, and further, authorises the Company to process such Top-Up Documents.
  4. The User agrees and warrants to provide valid, true, complete, and up-to-date User Documents and Top-Up Documents. The User further acknowledges that any incorrect or misleading information provided shall constitute a material breach of these Terms, and the User’s access to certain features of the Services may be limited or denied in such event.
  5. The list of the User Documents and Top-Up Documents may be provided to the User at the time of creating the Profile/signing-up or at a later stage.
Order Information:

The Users may receive information relating to transactions with their customers or relating to their businesses, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform (such information is referred to as “Order Information”). Transaction Information may be exchanged between the Users and their customers through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Users and their customers provided on the Platform.

At the time of receiving the first order Information with respect to their customers, the User shall inform such customers of its use of the Platform to record such Transaction Information and Transaction Information related to future transactions and seek such customer’s express consent in this regard and to:

The creation of a profile of the customer on the Platform, which will require sharing such customer’s phone number and contact details with the Company;

Receive communications from the Company regarding:

    1. information relating to their transactions recorded on the Platform;
    2. requests for payment;
    3. information about the Company and the Services;
    4. promotional offers and services from the Company and its third party partners, and
    5. any other matter in relation to the Services.

The User shall be solely responsible for obtaining such consent from its customers and the Company shall assume that such consent as required above is sought and received by the User if the User provides details of such Transaction Information relating to any of such customers at any time during the use of the Platform.

Third Party Services:
  1. The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.
  2. The Company makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
User Responsibilities:
  1. The User hereby represents and warrants that all information that is provided by the User through or in relation to the Services is valid, complete, true, and correct on the date of agreeing to these Terms and shall continue to be valid, complete, true, and correct throughout the duration of the User’s use of the Platform. The Company does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
  2. The User shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
  3. The User shall be solely liable for ensuring compliance on its own platforms created through the Service. The Company shall not be liable for any goods or services listed, catalogued, sold or warranted by the User on the said platform by using the Services.
  4. The User shall extend all cooperation to the Company in its defending of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms.
  5. The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:
    1. Infringe either directly or indirectly any third party proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
    2. except as may be provided hereunder, use in any manner including copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works from, or license the Services;
    3. use the Services to transmit any data or send or upload any material that contains viruses, trojan horses or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
    4. use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
    5. use the Services in furtherance of / to engage in any activity which may be 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    6. engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory; or
    7. violate applicable laws in any manner.
  6. Users who are expected to conduct proper research to ensure that the goods and services they catalogue or facilitate the sale of are in compliance with all applicable laws and we encourage users to cross-check for any prohibited content which may result in the suspension or removal of user’s account.
  7. The User shall not use the Services for sale of prohibited products or services and should ensure strict verification of prescriptions for the sale of prescription drugs. The Company would not be responsible if the User dispenses prescription drugs to the customer without verification.
  8. The User shall be solely responsible for compliance with all the applicable laws including without limitation the Prevention of Money Laundering Act, 2002 and the rules made thereunder. The Company shall not be responsible for any claims or liability or losses that may arise due to non-compliance of the anti-money laundering laws in India.
Fees/Charges:

The Company reserves the right to charge a convenience fee for the Services and non-payment may result in denial of Services.

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 third parties or respective third parties. You are not permitted to use the Marks without the prior consent of Company, the relevant third parties 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.easocare.com, 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.

Disclaimer Of Warranties & Liabilities:

You expressly understand and agree that, to the maximum extent permitted by applicable law: the website, services and other materials are provided by Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. 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.

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. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

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.

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: You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same); Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful); The provision of the services to You, by Company is, in Company’s opinion, no longer commercially viable; Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or 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 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.

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 Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.

Report Abuse:

In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to Company’s customer support team.

Privacy Policy:

Company views protection of Your privacy as a very important principle. We store and process Your Account Information including any sensitive personal / financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Company’s current Privacy Policy is available at www.easocare.com. If You object to Your Information being transferred or used in this way please do not use Website. Company will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information. Once You provide Your information to us, You provide such information to Company and affiliates of Company and Company and its affiliate may use such information to provide The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Company in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You. (https://easocare.com/privacy) Communications You hereby expressly agree to receive communications by way of SMS, e-mails from Company, phone calls relating to the Products offered through the Website. A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by: Visiting www.easocare.com to unsubscribe from messages/ SMS; and Newsletters sent daily at the registered email address: by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail

Shipping Policy:

We are providing digital ordering of medicines from retail pharmacies. Hence Shipping is not applicable and return of replacement of medicines as per the policy of respective stores from where customer has ordered.

Returns Policy:

Easocare or Easocare for Pharmacy doesn’t support refunds or cancellation pay backs as of now.

For Retail Pharmacies: Once you receive payment in your account, you can transfer it back to user after the communication through whatsapp/call using UPI/Wallets.

For Customers: We do not handle refunds/cancellations of orders. You can contact the respective retail pharmacy from where you have ordered. The details of the same has been provided in your order details as well as WhatsApp notifications

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