www.easemymeds.com website and EaseMyMeds mobile application are internet based portals (hereinafter together be referred to as “Website") is operated by Medifox Solutions LLP (hereinafter to be referred as “EaseMyMeds”, “Firm” or “We” or “Our” or “Us”), duly incorporated under the provisions of the Limited Liabilities Partnership Act, 2008.
"You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Account Information while registering on the Website as a registered User using the computer or mobile or any other electronic systems.
The Firm has operation only in India and Firm shall not be liable to deliver any Products purchased by You for delivery, in locations outside India. The services may be requested by registered users outside of India as well but only for addresses in India.
The User agrees to use the service to authorise an individual or third-party delivery agent or the third-party Pharmacy to get the products/Pharmaceutical Goods and Services from the third party on his/her/User’s behalf.
the Indian Contract Act, 1872 (“Contract Act”);
the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
Pharmacy Act, 1948 (“Pharmacy Act”) and
the Consumer Protection Act, 1986.
By registering to the App/Website, you acknowledge that you provide accurate, true, current and complete information and that you will maintain the security of your account by not sharing your password with others and restricting access to your account and Your computer and also that you take responsibility for all activities that occur under your account and accept all risk of unauthorized access.
Products and Services
The Website is an internet based platform that facilitates the online requisition by the user for purchase of medicines and wellness / health related products and services offered by Firm's various registered third-party/ies (third-parties shall for the purpose of this Terms, include without limitation third party licensed retail pharmacies, third-party labs) ("Products and Services").
Technology Platform for Pharmaceutical Products – Firm facilitates the purchase of drugs and other pharmaceutical products and services (which shall also include OTC and wellness products) offered by third-party licensed retail pharmacies (“licensed Retail Pharmacies or Third-Party Pharmacies”). The Firm and the Website merely provide hosting services to You and persons browsing/ visiting the Website and to the Third-Party pharmacies selected based on stringent internal parameters. All items offered for sale on the Website, and the content made available by the licensed Retail Pharmacies, are third party user generated contents and third-party products. The Firm has no control over such third-party user generated contents and/ Pharmaceutical Goods and Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The quality of the Pharmaceutical Goods and Services made available by the licensed Retail Pharmacies through the Website shall be the sole responsibility of the licensed Retail Pharmacies. The Firm shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
The Firm does not take any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the licensed Retail Pharmacies on the Website. The right, title, claim or interest in the products sold through the Website shall not vest with the Firm and the Firm shall not have any obligations or liabilities in respect of any transactions on the Website.
The Firm is not responsible for delayed, non-performance or breach of contract entered into between You and the third-party for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website; The Firm gives no guarantee that the concerned third-party pharmacies will perform any transaction concluded on the Website. The Firm is not responsible for the Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You.
Content: You agree and acknowledge that the respective third-party pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website. The content available on the Website, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the third-party pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, the Firm shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. Also, you acknowledge and understand that the Firm provides no warranty or representation with respect to the authenticity of the information provided on the Website and You must do Your own check.
The Firm shall not be, in any event, held responsible or liable for any damages arising out of such content by third-parties.
In order to purchase drugs and pharmaceutical products that requires a valid prescription, you are required to upload a scanned copy of the valid prescription on the Website. Third- Party Pharmacies will verify the prescription forwarded by You and in case of any discrepancy observed by the third-party pharmacies, the order will be cancelled by the third-party pharmacies immediately. You are also required to make the original prescription available at the time of receipt of delivery of the order. You shall also allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
Substitution of Prescribed Drugs
-You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor 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.
You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
Invitation to offer for sale
The listing of drugs and other pharmaceutical products on the Website by the Third-Party Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third-Party Pharmacies (“Offer”). Post the Offer from the Third Party Pharmacies, the Firm shall send an email to You with the information on the Offer along with the details of the concerned Third Party Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer.
The acceptance of the Offer would only be undertaken by the Third Party Pharmacy(s) after the validation/ verification of the prescription by such Third Party Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.
Transfer of Property and Completion of Sale
Upon acceptance of the Offer by the concerned licensed Retail Pharmacies (being the brick and mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the licensed Retail Pharmacies, wherever required under the applicable law(s).
You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned licensed Retail Pharmacies. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned licensed Retail Pharmacies itself.
The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned licensed Retail Pharmacies (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
The Pharmaceutical Drugs and Services shall be delivered by the licensed Retail Pharmacies or independent contractors. You accept and acknowledges that the courier/ delivery personnel, engaged by the licensed Retail Pharmacies or the Firm, shall be User Agent of the delivery of the Pharmaceutical Drugs and Services from the concerned licensed Retail Pharmacies to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.
The Firm provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ package facilities offered by third-party labs (“Labs”) through the Website. Further, the Firm shall in no event be responsible for the samples collected, tests conducted and reports generated by the third-party labs.
Notwithstanding anything to the contrary contained herein, Labs alone shall be liable for Labs’ dealings and interaction with the Users who avail the services of the Labs or diagnostic centres contacted or managed through the Website and the Firm shall have no liability or responsibility in this regard. The Firm does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Labs or any diagnostic centre or any third party through the Website.
Eligibility of Use
For the purposes of availing the Services and/or transacting with the Third-Party Service Providers through the Website, you are required to obtain registration, in accordance with the procedure established by US in this regard. As part of the registration process, we may collect the following personal information from You:
Address (including country and ZIP/ postal code);
Valid financial account information; and
Other details as You may volunteer.
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 without limitation 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 Firm’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.
Firm reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Firm’s notice or if it is discovered that you are under the age of 18 years.
Firm 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.
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Pricing Information and Payment
Firm 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.
1. 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 third parties.
3. 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 third party to purchase the Products and /or Services from the third party on a cash on delivery basis or such the mode as may be specified by Firm.
4. 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 third party or its agent/employee is satisfied that the prescription is in compliance with applicable norms.
6. You, as a User, shall be entitled to claim a refund in accordance with the Refund and Return Policy of the Firm.
7. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
9. Firm 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 Firm or breach of any policy.
10. The User and third-party acknowledge that Firm 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 Firm.
11. You acknowledge that Firm is a mere facilitator and does not fall within the purview of the Food Safety and Standards Act, 2006 and the rules framed thereunder.
12. You acknowledge that Firm is a mere facilitator/technology support and does not fall within the purview of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder.
You hereby acknowledge that you must not use the App/Website in any way that causes, or is likely to cause, the App/Website or access to it to be interrupted, damaged or impaired. You understand that you, and not Firm, are responsible for all electronic communications and content sent from your computer to us and you must use the App/Website for lawful purposes only.
You hereby acknowledge that you must not use the App/Website for any of the for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
You must not use the App/Website to send, use or reuse any material that does not belong to you or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or is harmful to minors in any way or impersonates another person or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States or objectionable or otherwise unlawful in any manner whatsoever or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam to cause annoyance, inconvenience or needless anxiety.
Seller Representation and Warranties
Seller/Retailer represents and warrants that he/she is a legal entity engaged in legitimate and lawful commercial enterprise and activity, having all regulatory approvals required run a pharmacy/Business and doing regular compliances with applicable provisions of laws.
Seller/Retailer also declares and confirms that he/she deals in original, legitimate and genuine quality products. Seller/Retailer further declares that it is at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service Tax, Value added tax, Goods and Services tax, Standards of Weighs and Drugs and Remedial Magic Act, Code of Advertising Ethics etc
The seller/Retailer also declares that he/she is solely responsible for the Medicines/Products sold and shall not hold the Firm liable or responsible in any manner whatsoever.
Cancellation, Returns and Refund Policy
An order can be cancelled by alling our customer support number +91-70090070500. Else, you can refuse it at the time of delivery and a refund will be processed into the payment source, in the event the order amount was paid online.
An order can be cancelled by getting in touch with our Customer Care team. Else, you can refuse it at the time of delivery and a refund will be processed into the payment source, in the event the order amount was paid online.
An order can be cancelled anytime unless it is marked 'Sample Collected' by the third-party phlebotomist/lab. Else, you can refuse sample pick up at the collection location and a refund will be processed into the payment source, in the event the order amount was paid online.
EaseMyMeds return policy gives You an option to return the medicines purchased within 7 days of delivery. However, in case of refrigerated medicines cannot be returned once delivered. In case of subscribed prescription orders, any changed medicines which are not opened, not partially used or not disfigured are eligible for returns even if it past 7 days of order delivery, subject to submission of latest valid prescription from the same doctor as the previous prescription. You are requested to keep the copy of the invoice/bill from the licensed Retail Pharmacies handy for verification.
Eligibility of Medicines for Returns: Medicine(s) which are opened, partially used or disfigured are not eligible for returns. Please check the package carefully at the time of delivery.
Return Process: You can raise a request to return Your medicine(s) within 7 days of delivery by calling our customer support at +91-700900-70500. We will pick up the return items within 1-7 days from the date of request. Please keep the return package ready in its original packaging.
EaseMyMeds return policy gives You an option to return the healthcare products purchased within 2 days from the date of delivery.
Eligibility of Products for Returns- The Products shall not be eligible for a return under the following circumstances-
- If the product is a consumable item;
- If the product has been tampered;
- If the product packaging and/or packaging box and/or packaging seal has been tampered;
- If it is mentioned on the product detail page that the product is non-returnable
- Any accessories supplied with the product are missing;
- If the product does not have a serial number or UPC number;
- Any damage / defect which is not covered under the manufacturer's warranty;
- The product is without original packing and accessories;
- If the product is damaged due to misuse;
- Products related to baby care, food & nutrition, healthcare devices and sexual wellness such as but not limited to diapers, health drinks, health supplements, glucometers, glucometer strips/lancets, health monitors, condoms, pregnancy/fertility kits, etc.
Once the refund has been initiated for eligible returns as mentioned above, the amount is expected to reflect in your account as per the following timelines:
- NEFT: 1-3 business days post refund initiation;
- Online refund: 7-10 business days post refund initiation subject to the bank turnaround time and RBI Guidelines.
- PhonePe/PayTm and other wallets: 2-3 business days post refund initiation.
*The MRP mentioned at the time of return is without discount and total amount to be refunded listed is an estimate. Total amount paid by You for the medicine(s) will be refunded once pick up is completed and verified by the third-party licensed Retail Pharmacies.
You hereby acknowledge that for Cash on Delivery payment mode, you are responsible to pay the mentioned bill amount to the Seller Representative.
We take immense efforts to provide best payment options to users. However, for any of the payment methods available on the App/Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You.
Disclaimer of Warranties and Liabilities
You acknowledge and undertake that you are accessing the services on the App/Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the App. We shall neither be liable nor responsible for any actions or inactions of sellers, nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the App/Website.
While we have taken precautions to avoid inaccuracies in content, this App, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the App/Website. At no time shall any right, title or interest in the products sold through or displayed on the App/Website vest with Firm nor shall Firm have any obligations or liabilities in respect of any transactions on the App/Website. It is expressly declared that the App/Website is only a marketplace for the Buyers to purchase from the registered Sellers and neither the App nor the Firm is responsible for any sale or purchase made at the marketplace platform.
Indemnity and Release
You shall indemnify and hold harmless Firm, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You hereby expressly release Firm and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise. In no event shall the Firm and/or its affiliates and/or any of its officers and representative and/or the Retailers be held liable for any non- delivery or late delivery due to any force major event or if the customer fails to provide a valid prescription.
Communications: When you visit the App or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the App or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any because which is beyond our reasonable control. This condition does not affect your statutory rights.
Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore.
Severability & Waiver Contact Information
Firm views protection of Your privacy as a very important principle. We store and process Your Account Information locally 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. If You object to Your Information being transferred or used in this way please do not use Website.
You hereby expressly agree to receive communications by way of SMS, WhatsApp, e-mails from Firm, phone calls relating to the Products offered through the Website or via any other mode of communication.
By using this Website and the products, content and services provided on the Website, you agree and acknowledge that Your Personal Information collected through the Website may be transferred across national boundaries and stored and processed anywhere around the world, even with third parties. You also acknowledge that in certain countries or with respect to certain activities, the collection, transfer, storage, and processing of Your information may be undertaken by trusted third party vendors or agents of The Firm such as, web hosting providers, communication services, and web analytic providers, to help facilitate The Firm in providing certain functions.