Welcome, Medicine Center Website (the “Website”), (“we”, “our” or “us”) is owned and maintained by Medicine Center (the “Center”), a company incorporated under provisions of the Companies Act, and having their registered office at Chhattisgarh, India.
The Center is engaged into distribution and sale of pharmaceutical/health care products & substances and offers the biggest range of products through its e-stores in accordance with the provisions of the Drugs and Cosmetics Act, including the rules and regulations framed thereunder, and other applicable laws and regulations in India.
The Center has devised a concept of medicine centre club-whereby a unique service is being offered that entitles a person holding a club membership to avail privileged benefits such as e-store.
PROVISION OF SERVICES
- Users must create an account to access the Services (“Account”). Users shall access and use the Website only for personal, non-commercial purposes, and only as long as they are in compliance with all provisions of these Terms. Users shall not use the Website for commercial purposes or in any way that violates applicable laws in any jurisdictions or these Terms, or harms us, or any other person or entity.
- You may cease to be a user of the Website at any time by sending us written notification via email to firstname.lastname@example.org or by registered mail to our address as mentioned on the Website. Ceasing to be a user of the Website shall not relieve you of any obligations that you incurred in connection with the Account prior to cessation.
- We or third parties authorized by us may from time to time place commercial content on the Website. We have no control over the accuracy, truthfulness, quality, safety or legal aspects of content provided by third parties, nor do we endorse, guarantee, or are we responsible for such content (even if users receive any benefits related to the Website in connection with such third party offers). It is user’s sole responsibility to understand and accept the terms and payment obligations of all such content that users pursue.
- Occasionally, the Website may experience interrupted service, delays or errors. This may be due to a number of reasons including maintenance that we perform on the Website, as well as reasons beyond our control. We will attempt to provide you with prior notice of any interruptions, delays or errors, however, cannot guarantee that such notice will be provided.
- Minimum hardware and software requirements for use of the Website may be posted on the Website from time to time. However, we do not guarantee the access to or performance of the site even if users meet such minimum requirements.
- We may, in our sole discretion and at any time, change or discontinue any part of the Website or services, or impose charges for accessing any or all portions of the Website or services, with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Website or services. If you object to any such changes, your sole recourse will be to cease accessing the Website or services. Your continued access of the Website or services following any such changes shall constitute your acknowledgement of an agreement to such changes, and your satisfaction with the Website or services as so modified. You agree that we may in our sole discretion and at any time, in any way, for any reason, immediately terminate your access to the Website and Services. You acknowledge and agree that we shall not be liable to you or any other party for any termination of your access to the Website or Services. Termination of your Account shall in no way modify or void any payment obligations you may have incurred through your use of the Website or Services, whether such obligation is to us or a third party.
- To set up an Account, you must provide, among other things, your name, a functioning e-mail address where you can be reached, your telephone number, billing/shipping address, a password of your selection, and a method of payment (collectively, your “Account Information”), which you may not transfer to or share with any third parties.
- The Center reserves the right to communicate with their registered users through sms and e-mails for any running promotions or commercial operations.
- We reserve the right to take any and all actions as deemed necessary or reasonable in our sole discretion, to ensure the security of the Website and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize operations on your account.
- We understand the privacy of all information you provide is of a prime significance. This is why we do everything possible to use it carefully and sensibly.
- Your personal information is encrypted by using 256-bit secure sockets layer (ssl) encryption technology before being sent over the internet, which ensures confidentiality and high level of security of all your information.
- Users must be over 18 years of age those registered with us. Website is not intended for children under the age of 18. we will not knowingly collect information from Website visitors in this age group.
PRICING AND FEES OF PRODUCTS FOR DISPLAY
- Product prices for exhibit do not include all applicable statutory taxes, fees and are subject to availability.
- We make every reasonable effort to make sure that information displayed on our Website about the pricing and availability of products at the Center in India is accurate and up to date. However, in case there occur an error on the pricing of a product or an error related to product availability that is purely unintentional. In such events, we shall not be rendered responsible for any typographical errors.
- We secure and reserve the right to rectify any inaccuracies or omissions related to pricing and product availability/descriptions and to change or update any other information at any time without prior notice.
TERMS OF SALE
- PLEASE NOTE THAT THE SALE OF ANY PRODUCTS THROUGH OUR WEBSITE IS ONLY ALLOWED TO THE EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION. YOUR TRANSACTION-RELATED ACTIONS ARE NOT ALLOWED AT OUR WEBSITE IF YOU ARE FROM A JURISIDCTION PROHIBITING OUR ONLINE SALE OF MEDICAL PRODUCTS.
- We reserve absolute right to accept or decline your order placed with us, without liability to you.
- We reserve the right to discontinue any program or offers published on our Website.
- We reserve the right, without prior notice, to limit the order quantity of any products available on our Website.
- We acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by us and/or our affiliates. You confirm that you have had a physical examination by a physician and do not require a physical examination.
- If you are the patient/parent/authorised person on behalf of the patient, you authorise and appoint us and/or our affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent to us; and (b) packaging your prescriptions and delivering them to you. By making this purchase you hereby authorise us and/or our affiliates to ship the order by post/courier to your designated location. This authorisation shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfilment of your order. The aforementioned prescription-related operation shall only be conducted within and for customers from which such operation is allowed.
YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES.
- “IF YOU ARE THE PARENT/LEGAL GUARDIAN/AUTHORISED PERSON FOR THE PATIENT DISCLOSED HEREIN, YOU AFFIRM THAT YOU ARE OVER THE AGE OF MAJORITY, AND HAVE FULL AUTHORITY TO SIGN FOR AND PROVIDE THE ABOVE REPRESENTATIONS TO US AND/OR OUR AFFILIATES ON THE PATIENT'S BEHALF."
PRESCRIPTION MEDICATION POLICY
- We as a fully licensed and regulated pharmacy, take all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
- We will not dispense any prescription medication without a valid prescription from a licensed physician. Also, before you can choose the low-cost generic option at the Website, please ask your doctor to add the generic drug to your prescription.
- If you are ordering prescription medication(s), you hereby confirm that you will upload your valid prescription(s) through our Website or email, and this prescription shall then be subject to the scrutiny of and approval by our qualified pharmacists.
- The drug information provided at the Website is for informative purposes only and this Website is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information at the Website.
- We require either the user or customer or the legal guardian to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from Website.
- You understand and acknowledge that all reservations for products made through this Website are being made with private companies (“vendor”), and that you will be served by the vendor directly. We will not be liable for any claims, causes of action, liabilities or damages arising from any claims you can raise against vendor.
- If you are ordering prescription medication(s), you hereby confirm that you will upload your valid prescription(s) through our Website or email, and this prescription shall then be subject to the scrutiny of and approval by our qualified pharmacists.
- We reserve the right to charge a fee for payments made through the Website and the vendor may also charge you a usage fee in connection with your reservation and payment through the Website.
- Any information related to the times for services (including arrival time of a product and how long a delivery will take) are estimates only (“time estimates”) and provided for your convenience. Time estimates shall not constitute a guaranteed or comprehensive price quote and you shall not rely on time estimates. The actual arrival time and length of services are subject to factors beyond our control, including without limitation weather, traffic, ground conditions and the actions of the transporter. We shall not be liable, and you hereby waive any claim, cause of action, damages, demands or liability against us, arising from a failure in relation to reservation.
USE OF INFORMATION ON THE WEBSITE
- Information available on the Website is intended for informational purposes only, and is not intended to diagnose, treat, cure or prevent any disease.
- The information on this Website is neither an alternative for professional medical advice nor treatment for specific medical conditions. It is recommended that no medical decisions should be made based on information provided on the Website. You should at all time seek consultation of your physician or any other qualified healthcare professional with any questions you may have about your physical situation.
- Website does not support any views or opinions that finds place at the Website. Your queries or reviews about the products do not form a professional relationship between you and us.
LINKS TO THIRD PARTY WEBSITES
- The Website may contain links and references to Websites of others. We may, from time to time, at our sole discretion, add or remove links to other Websites. These links are provided solely as a convenience to you, and access to any such Websites is completely at your own risk. We do not review, approve, monitor, endorse, guarantee, warrant, make any representations with respect to, nor are we responsible for, such Websites. In no event will we be responsible for the information contained in such Websites, their practices or for your use of or inability to use such Websites or their products and services, or transmissions received from such sites. By using the Website, you expressly relieve us from any and all liabilities arising from your use of any third-party Website. We encourage users to read the privacy policies and other terms and familiarize themselves with the privacy practices of the other Websites before using their services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- All information and services included on or otherwise provided through this Website are provided by us on an "as is" and "as available" basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website is at your sole risk.
- We assume no liability for any damages or viruses that may cause defect in your computer system or other property on account of your access to, use of, or browsing of this site.
- We have exercised commercially reasonable efforts to make sure that all the information published and available on the Website is accurate at the time of posting; nevertheless, errors may occur in such information for which we shall have no liability. We secure our right to rectify, remove or alter any of the information contained on the Website at our sole discretion.
- We cannot assure the adequacy, currency, authenticity or completeness of contents of the Website. We do not affirm or approve the effectiveness, quality, quantity or safety of the products displayed on the Website.
- We repudiate liability for any harm to persons resulting from any instructions or products referred to at the Website. We are neither a part of manufacturing process engaged by manufacturer of medicines or other products available on the Website nor we warrant that the Website, or its content will meet your requirements.
- Please note that actual colors of the products shall depend on the display of your device, while we have made every effort to accurately display the colors of products on the Website.
- The Website renders no responsibility for any loss or damages suffered to you based upon relying on product reviews posted by users.
- Sublicense, sell, assign or otherwise share the content with anyone;
- Duplicate any part of the Website or any content appearing on the Website, for any purpose (except as expressly provided elsewhere in these terms);
- Distribute, share, trade or create any derivative works based on the Website or any of the content, and you agree that any such use is not “fair use” under provisions of Intellectual Property laws applicable in India;
- Use the Website and/or any of the content for any public display, public performance, sale or rental, and you hereby agree and stipulate that any and all such uses are not “fair use” under provisions of Intellectual Property laws applicable in India;
- Post, share, trade or offer for use/viewing/listening to or transcription copy of any or all of the content to or through any Websites or service, including, without limitation, through one-click hosting sites, file locker sites, bit torrent protocol, public or private forums, social sites, video hosting “tube” sites, or any other similar technology;
- Remove any copyright or other proprietary notices from any of the content; or
- Circumvent any encryption or other security tool(s) used anywhere on the Website.
- You acknowledge and agree that the foregoing list of prohibited uses is exemplary, non-exhaustive, and provided for illustrative purposes only. You further agree that the use of bots, employees, contractors, resellers, assigns, or any kind of automated process to copy, download, hot-link, frame, or otherwise use any content is prohibited and will in all instances be considered commercial uses. Any license granted to you will terminate and be immediately revoked upon your use of any content in violation of this section.
Users shall be responsible for maintaining the confidentiality of their account information and PII (Personally Identifiable Information), as well as all activities that occur under their account. Users hereby release, and acknowledge and agree, at users’ own expense, to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensees, distributors, representatives, affiliates, and successors from all liabilities, claims, alleged claims, loss and damages (of every kind, whether known or unknown and suspected or unsuspected), including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions and reasonable attorney’s fees related in any way to or arising out of the use of or access to this site, its content, PII, user submissions or the services. Users shall use their best efforts to cooperate with us in the defense of any claim.
LIMITATION OF LIABILITY AND DAMAGES CAP
- Limitation of liability and equitable relief. In no event shall we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the services, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from bodily injury, injury to property, death, lost profits, lost data or business interruption) arising out of: (i) the use, inability to use, or the results of use of the services, any Websites linked to this Website, or the materials, information or services contained on any or all such Websites, (ii) any conduct by or on behalf of us that constitutes, or may constitute, a civil violation of the Computer Fraud and Abuse Act of 1984 and as may be amended from time to time, or (iii) any viruses that may infect, your computer, mobile device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of the site, or your downloading of any information or materials from us, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. All users, subscribing organizations (including without limitation any officers, directors, shareholders and employees thereof), and any agents, representatives or assigns thereof, hereby waive any claims for equitable relief against us, our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, arising out the services or for the reasons set forth in subsections (i) – (iii) herein, whether or not such services were used by such persons or entities.
- Damages cap. In no event shall we or our affiliates, contractors, employees, agents, or third party partners, licensors or suppliers total liability to you for any damages, losses, and causes of action arising out of or relating to these terms or your use of the services (whether in contract, tort (including negligence), warranty, or otherwise) exceed Rupees one thousand (INR 1,000/-)
- Reference sites and third-party applications. The limitations on liability and damages cap set forth above in this paragraph shall also apply with respect to damages incurred by reason of any products displayed or services provided on any reference sites and third party applications or otherwise by third parties other than us and received by you through or advertised on the site, or the services or received by you through any reference sites and third party applications.
BASIS OF THE BARGAIN
- You acknowledge and agree that we have offered our products , set its prices and entered into these terms in reliance upon the disclaimers of warranties, the limitations of liability and liability cap set forth herein; that the disclaimers of warranties, the limitations of liability and liability cap set forth herein reflect a reasonable and fair allocation of risk between you and us; and that the disclaimers of warranties, the limitations of liability and liability cap set forth herein form an essential basis of the bargain between you and us. You acknowledge and agree that we would not be able to provide the services to you on an economically reasonable basis without these limitations.
- This agreement will be governed by and construed in accordance with the laws applicable in India without regard to choice or conflict of law provisions applicable in India. You hereby agree that all disputes arising out of this agreement shall be heard exclusively in competent courts located at Delhi/Noida, and courts with appellate jurisdiction therefrom. You agree to submit to the personal jurisdiction of such courts, and further agrees that venue in Delhi is both proper and convenient. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited to, this section.
- We make no representation that the Website, its content or the displayed products are appropriate or available for use in any particular location. Those who choose to access the Website or the products do so, on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
LIMITATION OF CLAIMS
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of these Terms must be filed within fifteen (15) days after such claim or cause of action arose or be forever barred.
INFRINGEMENT NOTICES AND TAKEDOWN
- We comply with the Designs and Copyright Act (“DAC”). We respect the intellectual property of others. If you believe in good faith that any content on this Website infringes the copyright owned by you or a third party, please contact our copyright agent, who is:
THE NOTICE MUST CONTAIN THE FOLLOWING INFORMATION:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
- Identification of the copyrighted work allegedly infringed;
- Identifying information reasonably sufficient to allow determination by us of the location of the material that is allegedly infringing;
- Information reasonably sufficient to permit us to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- The copyright agent will only respond to claims involving alleged copyright infringement. We may give notice that we have removed or disabled access to certain material by means of a notice posted on our Website, an email to a user, or by written communication via first claim mail to a user. If a user receives such notice, the user may submit counter-notification in writing to the designated agent. To be effective, the counter-notification must be a written communication and contain the following information: (a) the user’s physical or electronic signature; (b) a description of the material that was removed or to which access was disabled and the location at which the material appeared on the Website before it was removed or disabled; (c) a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled due to mistake or misidentification; and (d) the user’s name, physical address and telephone number, and a state that the user consents to the jurisdiction of a court for the judicial district in which the user is located, and that the user will accept service of process from the complainant. Notwithstanding this section, we reserve the right in our sole discretion, at any time, to remove content which appears to infringe the intellectual property rights of another person or entity.
- You acknowledge that if you fail to comply with all of the requirements of this section, your DAC notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact the representative designated above.
- We reserve the right to terminate any user’s access to the Website if we determine, in our own discretion, that the user is a repeat infringer.
- This site is controlled, operated and administered by us from our offices within Korba. If you access the site from a location outside Korba, you are responsible for compliance with all local laws. You agree that you will not use the site or any content accessed through the site in any country and/or in any manner prohibited by any applicable laws, restrictions or regulations.
- Some banks and internet banking companies impose fees for international transactions including without limitation foreign transaction and conversion fees. These fees are determined solely by your bank or internet banking company and we are not responsible for any such fees. If you have any questions about these fees or the exchange rate applied to your reservation, please contact your bank or internet banking company.
- No waiver of any term of these Terms shall be deemed as a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under these Terms shall not constitute a waiver of such term.
- If for any reason a court of competent jurisdiction finds any provision or portion of this agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of these Terms will continue in full force and effect.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
- The section titles in these Terms are used solely for the convenience and have no legal or contractual significance. No provision of these Terms shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis.
- The terms of these Terms, which by their nature should survive the termination of these Terms, shall survive such termination.
- The heading references herein are for convenience purposes only, do not constitute a part of these terms, and shall not be deemed to limit or affect any of the provisions hereof.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or Use of the Website or the products. You further acknowledge that by submitting user submissions or other content, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these terms.
- We may give notice to you by email, a posting on the Website, or other reasonable means. You must give notice to us in writing via email to email@example.com or as otherwise expressly provided. If you have any questions or concerns about our Website, products or your reservation, or any other questions, you may contact us via email to firstname.lastname@example.org.
- Free shipping for India on order value of INR/Indian Rupee100,000 or above.
- For any order outside India where online sale by the Website is allowed, at least USD 22 shipping charges are applicable.
- Shipping of medicines within Korba will take 3 working days wherein outside NCR order will be delivered in at least 4-5 working days.