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Termsof Use



1.      What is MedPik Plus

1.1.   The domain name www.MedPik, an internet based portal, and MedPik Plus, a mobile application, is owned and operated by Racketail Solutions and Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter, referred to as “MedPik Plus” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile applications are collectively referred to as “Website”.

1.2.   Your access or use of the Website, transaction on the Website and use of Services hosted or managed remotely through the Website, are governed by the following terms and conditions (“referred to as Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between you, the User on one part and MedPik Plus on the other Part.

1.3.   By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify your agreement to be bound by the Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by MedPik Plus’s policies, including its Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are applicable 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 this Terms of Use. However, if you navigate away from the Website to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.

1.4.    The Website is a platform that facilitates the purchase of pharmaceutical products sold by various relevant pharmacies or medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (hereinafter referred to as “Services”, with the relevant pharmacies or practitioners referred to as “Sellers” “Practitioner”). Further the Website also serves as an information platform. The arrangement between the Sellers and MedPik Plus shall be governed in accordance with this Terms of Use. The Services would be made available to such natural persons who have agreed to become buyers on the Website after obtaining due registration, in accordance with the procedure as determined by MedPik Plus, from time to time (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). 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 goods/ services offered for sale by the Sellers. To facilitate the relation between Sellers and the Users through the Website, MedPik Plus shall send to the Users (promotional content including but not limited to e-mailers, notifications and messages)..

1.5.   You agree and acknowledge that the Website is a platform that Users and Sellers utilize to meet and interact with another for their transactions. MedPik Plus is not and cannot be a party to or save as except as may be provided in this document control in any manner, any transaction between the Users and Sellers.

1.6.   The Company reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Website.

1.7.   This Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including but limited to:

1.7.1.      the Indian Contract Act, 1872 (“Contract Act”);

1.7.2.      the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011;

1.7.3.      the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);

1.7.4.      the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and

1.7.5.      The Consumer Protection Act, 1986.

1.8.   MedPik Plus authorizes the User to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, ordering, receiving, delivering and communicating only as per the Terms of Use. The contents on the Website information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains third party seller content (“Seller Content”) as well as in-house content provided by of MedPik Plus (“MedPik Plus Content”) (collectively, “Content”). The MedPik Plus Content is the property of MedPik Plus and is protected under copyright, trademark and other laws. User shall not modify the MedPik Plus Content or reproduce, display, publicly perform, distribute, or otherwise use the MedPik Plus Content in any way for any public or commercial purpose or for personal gain.

1.9.   Compliance with the Terms of Use would entitle the User to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

1.10.                    These Terms of Use constitute an electronic record in terms of the Information Technology Act, 2000 and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2.      Eligibility

2.1.   For the purposes of transacting with Sellers through the Website, the Users are required to obtain registration, in accordance with the procedure established by MedPik Plus in this regard. As part of the registration process, MedPik Plus may collect the following personal information from the Users:

2.1.1.      Name;

2.1.2.      User ID;

2.1.3.      Email address

2.1.4.      Address (including country and ZIP/ postal code);

2.1.5.      Gender;

2.1.6.      Age;

2.1.7.      Phone number;

2.1.8.      Password chosen by the User;

2.1.9.      Valid financial account information; and

2.1.10.  Other details as the User may volunteer.

2.2.   The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.

2.3.   By registering, accessing or using the Website, you accept the terms of this Terms of Use and represent and warrant to MedPik Plus that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by its Terms of Use.

2.4.   A registered id can only be utilized by the person whose details have been provided and MedPik Plus does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of purchasing drugs or other pharmaceutical products or practitioner’s services, on behalf of such persons.

2.5.   You agree and acknowledge that You would (a) create only one account; (b) provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Website; (c) maintain and promptly update Your account information; (d) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (e) promptly notify MedPik Plus if You discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.

3.      Privacy Policy

3.1.   MedPik Plus has duly formulated a policy on how the Company collects, uses and discloses personally identifiable information from its users (“Privacy Policy”).

The Privacy Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.

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