Please read the terms and conditions carefully before using this internet-based platform. You agree to be legally bound by all the terms described herein and terms are incorporated by reference. If You do not agree to all of the terms and conditions, do not use this internet-based platform.
In terms of the Information Technology Act, 2000, this document is an electronic record and being generated by a computer system it does not require any physical or digital signatures.
This document is published following 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 https://www.ExpressMed.in/ or the application ‘ExpressMed’.
TERMS OF USE
(as of 01.04.2021)
1.1. The domain name https://www.ExpressMed.in/ , an internet-based platform (“Website”) and ExpressMed, a mobile application (“App”), is owned and operated by M/s. Eazymed Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, having the registered address at New No. 30, Old No 61, Vijaya Raghava Road, T.Nagar, Chennai, Tamil Nadu, 600017 (“www.ExpressMed.in” or “We” or “Us” or “Our” or “Company”).
1.2. Your access or use of the Website/App, transaction on the Website/App and use of the services hosted or managed remotely through the Website/App, are governed by the following terms and conditions (“Terms of Use”), including the applicable policies which are incorporated herein by way of reference. The Terms of Use, read together with the Privacy Policy, that govern your purchase and use of the products and services from www.ExpressMed.in, constitute a legally binding contract, between You (“You” or “Your” or “Customer” or “User” or “Caregiver”) and www.ExpressMed.in, a fully licensed pharmacy.
1.3. For the purpose of these Terms of Use, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person who has downloaded and installed the App and provided registration data while registering on the App or by simply visiting the Website by entering the domain name in any internet browser. Any services provided by the Website/App which do not require registration do not absolve You of the contractual relationship established by this Agreement/Terms of Use.
1.4. Wherever the context requires, the term ‘Doctor/registered medical practitioners’ shall mean any person permitted to practice medicine by the MCI (Medical Council of India) or any regional council for registration of Doctor/registered medical practitioners duly authorized by the government who will be verified and authenticated by us.
1.5. The Website/App is an internet based platform that provides/facilitates online purchase of pharmaceutical products sold either directly by the Company or by any third party pharmacies/distributors and manufacturers (“Services”).
1.6. By accessing, viewing, downloading, browsing or in any way transacting on the Website/App, or availing any Services or information created, collected, complied or submitted towww.ExpressMed.in, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Our policies, including the 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/App, 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. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
1.7. www.ExpressMed.in is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the third party service providers.
1.8. You understand the App downloaded/or the Website You use is owned by Us. We may automatically upgrade the Website/App at any time and the Terms of Use shall apply to such upgrades as well without any limitations.
2. User Eligibility And Creating An Account:
2.1. To use certain features of the Website/App or availing Services or transacting in the Website/App, You must set up/register an account with www.ExpressMed.in (“www.ExpressMed.in Account” or “Account”) in accordance with the procedure established by www.ExpressMed.in in this regard.
2.2. As a part of the registration process, www.ExpressMed.in may collect the following information from You and all of Your registration information collected in this regard are protected by our Privacy Policy.
Name
User ID
Email address
Billing/Shipping Address (including country and ZIP/ postal code)
Gender
Age
Phone number
Password chosen by User
Valid financial information
Other details as You may volunteer
2.3. The registration on or use/ access of the Website/App is only available to natural persons, other than those who are ‘incompetent to contract’ under the Indian Contract Act 1872. Only persons who have attained ‘majority’ and who are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use are eligible to register on, or use/ access the Website/App. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website/App. By registering, accessing or using the Website/App. You accept the terms of these Terms of Use and represent and warrant to www.ExpressMed.in that You are ‘competent to contract’ under the Indian Contract Act 1872 and have the right, authority and capacity to use the Website/App and agree to and abide by these Terms of Use.
2.4. A registered User ID can only be utilized by the person whose details have been provided and www.ExpressMed.in does not permit multiple persons to share a single log in/ registration User 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 procuring the Services, on behalf of such persons, provided such parent or legal guardian is competent under the Indian Contract Act 1872 are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
2.5. You represent and warrant that the information You submit during registration is truthful and accurate and that You will maintain the accuracy of such information. You agree and acknowledge that You would (i) create only 1 (one) Account; (ii) provide accurate, truthful, current and complete information when creating Your Account and in all Your dealings through the Website; (iii) maintain and promptly update Your Account information; (iv) maintain the security of Your Account by not sharing Your password with others and restricting access to Your Account and Your computer; (v) promptly notify www.ExpressMed.in if You discover or otherwise suspect any security breaches relating to the Website/App; and (vi) take responsibility for all the activities that occur under Your Account and accept all risk of unauthorized access.
2.6. Your Account username and password are personal to you. You may not transfer your account and You will be responsible for the activities associated with your Account. www.ExpressMed.in will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials.
2.7. By creating this account, You agree to receive transactional and/or promotional communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, You agree to notify us by email.
2.8.www.ExpressMed.in, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website/App, at any time while www.ExpressMed.in investigates complaints or alleged violations of these Terms of Use or any Services, or if the Company has reasons to believe that the information You shared are inaccurate or for any other reason as the Company may deem proper at any time. You acknowledge that the Company reserves the right to terminate Your Account without any notice and suspend the account without assigning any reason.
2.9. You represent and warrant that 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 the www.ExpressMed.in and/or its affiliates on the patient's behalf.
3. Privacy Policy:
3.1. Your personally identifiable information will be used in accordance with our Privacy Policy. To understand our practices, as to how We collect, use and disclose Your personally identifiable information, please refer Our Privacy Policy, which also governs Your visit to the www.ExpressMed.in Website/App.
3.2. We understand the privacy of all information You provide is of a primary importance. This is why We do everything possible to use it carefully and sensibly.
4. Communications:
4.1. By using the Website/App, it is deemed that You have consented to receiving calls, auto-dialled and/or pre-recorded messages or calls, from Us at any time with the use of the telephone number that has been provided by You for the use of this Website/App, subject to the Privacy Policy. This includes contacting You through information received through other parties as well as contacting other parties through the information You provide to Us. By using this Website/App, You who have placed orders with Us, or has only signed up, or submitted your personal details in any of our forms also consent to receive transactional and/or promotional emails/SMSs from Us at any time We deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case You wish to stop the contact with us for the same, you may send us a mail to the effect at support@ExpressMed.in .
4.2. You may also be contacted by service providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under other agreements, contracts and policies followed by us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.
4.3. The sharing of the information provided by You will be governed by the Privacy Policy. We will not give out Your contact information to third parties not connected with the Website/App and the services offered by it, and/or for any purpose not in furtherance of the activities and aims of the Company. Please refer to the 'Privacy Policy' for more information.
5. Security Policy:
5.1. All your transactions are secure when You place an order online at www.ExpressMed.in. Your personal information is encrypted by using 256-bit Secure Sockets Layer (SSL) encryption technology before being sent over the internet, which ensures the privacy and high level of security of all Your information.
6. Prescription Medication Policy:
6.1. www.ExpressMed.in, a fully licensed and regulated pharmacy, takes 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.
6.2. The drug information provided in the www.ExpressMed.in is for informative purposes only and this Website/App 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 in the Website/App.
6.3. By using the Website/App, You confirm that You are completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines You orders from Us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from www.ExpressMed.in.
6.4. www.ExpressMed.in will not dispense any prescription medication without a valid prescription from a doctor/registered medical practitioner.
6.5. In order to purchase any prescription products through the website, You are required to upload a scanned copy of the valid prescription issued by a doctor/registered medical practitioner. You hereby confirm that You will upload only valid prescription(s) issued by a doctor/registered medical, and this prescription shall then be subject to the scrutiny of and approval by Our qualified pharmacists.
6.6. If Our pharmacists have any questions or concerns about the prescription(s) You hereby authorize them to consult with an external network of doctors about the validity of the prescription.
6.7. You acknowledge and accept that the order for a substitute drug or medication would be processed only if the doctor/registered medical practitioner who issued the prescription himself/herself permits for any other equivalent generic drug or medication to be dispensed in place of the prescription drug or medication.
6.8. At www.ExpressMed.in, a Caregiver, guardian or parent can order prescription medicines and such that all the Terms of Use shall be applicable to such persons without any limitations.
7. Use Of Services And Terms Of Sale:
7.1. Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Website/App 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 and the acceptance of the offer would only be undertaken only after the validation/ verification of the prescription and the ascertainment of the available stock. www.ExpressMed.in may accept or decline any order placed in its absolute discretion.
7.2. You understand and agree that all drugs and medications will be dispensed by a registered pharmacist at www.ExpressMed.in and/or its affiliates. In any event the prescription drugs or medications are not available with www.ExpressMed.in, www.ExpressMed.in reserves the right to direct such orders to its affiliates or other third party service providers and You provide your consent for the same.
7.3. The title of the products ordered by You shall iExpressMediately stand transferred to You upon dispensation of such products and payment against the order is received by www.ExpressMed.in. For products provided by other third party service providers, the invoices for such sale will be issued by such third party service providers and not by www.ExpressMed.in and You agree and acknowledge that the Company shall not be liable for the products supplied by other third party service providers.
7.4. You agree and acknowledge that the delivery of the order(s) shall be complete if it is made at the address provided by You in the Website/App.
7.5. www.ExpressMed.in reserves the right to discontinue any program or offer on its Website/App.
7.6. www.ExpressMed.in reserve the right, without prior notice, to limit the order quantity of any products available on www.ExpressMed.in in its Website/App.
7.7. 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 the the Company and/or its affiliates.
7.8. You confirm that You have had a physical examination by a doctor/registered medical practitioner and do not require a physical examination.
7.9. If You are the patient/parent/authorised person on behalf of the patient, You authorise and appoint the www.ExpressMed.in and/or its 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 www.ExpressMed.in; and (b) packaging your prescriptions, the orders and delivering them to you. By making the order You hereby authorise www.ExpressMed.in and/or its affiliates to ship the order by post/courier to your registered address. 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.
8. Price, Delivery Charges And Payment:
8.1. The installation and use of this Website/App is free of cost and this includes only the usage of certain services of the Website/App. www.ExpressMed.in does not charge any fee for accessing, browsing in the Website/App. You hereby understand that this no charge policy maybe amended at any time at the discretion of the Company.
8.2. For the purpose of this section, Buyer would include any User choosing to use the services offered on the App/Website. Seller means the Company/ www.ExpressMed.in and its Website/App.
8.3. While availing any of the payment methods available on the App/Website, www.ExpressMed.in will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to
a. Lack of authorization for any transaction(s), or
b. Exceeding the pre-set limit mutually agreed by You and between ‘Bank(s)’, or
c. Any payment issues arising out of the transaction, or
d. Decline of transaction for any other reason(s).
8.4. All payments made against the services on the Website/App by You shall be compulsorily in Indian Rupees. The Website/App will not facilitate transaction with respect to any other form of currency with respect to the orders made on Website/App.
8.5. All our product prices include all applicable statutory taxes.
8.6. We make every effort to make sure that the pricing and availability of products on Our Website/App is accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, We are not responsible for any typographical errors and We reserve the right to cancel the sale.
8.7. We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after You have submitted Your order, and to change or update any other information at any time without prior notice.
8.8. Following are the delivery charges at www.ExpressMed.in, which are based on the order value and the delivery chargers quoted below are applicable to all orders at www.ExpressMed.in
Order Value between Rs 1 - Rs. 499, Delivery Charge = Rs. 50
Order Value over Rs. 500 FREE Shipping
Note: Delivery charges quoted above is valid on all orders of www.ExpressMed.in and also additional charges maybe be charged.
8.9. The Company reserves the right to modify/alter the delivery charges by providing the same on the Website/App which shall be considered as valid and agreed communication.
8.10. Delivery times may vary depending on several factors, including but not limited to delivery location, type of product You order and availability of the product.
8.11. In order to process the payment, www.ExpressMed.in may require Your financial and banking information such as bank account, debit card number, credit card number etc.
8.12. You can make the payment via any one of the following methods of payment: Wallets: Paytm, AmazonPay, PhonePe, UPI, GooglePay, Bank transfer (NEFT/RTGS/IMPS). All debit and credit cards. Credit/Debit Card, Net Banking or Cash on Delivery. Credit/Debit Card and Net Banking Payments are processed via our online payment service partners.
9. Refund, Return And Cancellation Policy:
Refund Policy:
9.1. www.ExpressMed.in will offer a full refund if:
a. You received a defective item;
b. the ordered item(s) is lost or damaged during transit;
c. the ordered item(s) is past its expiry date.
9.2. The mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to 10 working days for the credit to appear in your account. While We regret any inconvenience caused by this time frame, it is the bank's policy that delays the refund timing, and We have no control over that. If the mode of refund is by Wallets, credit should be available within 24 hours.
How to Request a Refund:
9.3. To request a refund, email Us, within 3 days of receipt, Your order details, including the reason why You are requesting a refund. You can also raise a request on our website/App. The Company may also require You to upload pictures of the product(s) received in order to process the refund.
9.4. Company will verify the request within 3 working days from the time of receipt of your request. Once the claim is verified as genuine and correct, www.ExpressMed.in will initiate the refund process. In case of refund, www.ExpressMed.in may also initiate the collection process in which case You will be required to pack the product(s) in the original manufacturer’s packing for collected by www.ExpressMed.in.
9.5. If You have any queries, do call Our help desk at +91-89391-69999, email us at support@ExpressMed.in.
Return Policy:
9.6. www.ExpressMed.in may allow return of product(s) if:
a. Product(s) does not match Your order.
b. Product(s) delivered are past the expiry date.
c. Product(s) delivered are damaged in transit.
9.7. If You have received a damaged product, do not accept the delivery of the product. If after opening the package You discover that the product(s) is damaged, the same may be returned for refund or replacement. www.ExpressMed.in does not promise a replacement for all the product(s) as it will depend on the availability of the said product(s). In such cases, refund will be offered to You.
9.8. www.ExpressMed.in will not accept liability for such delivery issues if You fail to notify Us within 1 working days of receipt.
9.9. In case You to want to return a product or products that are not defective, We may allow the return of unopened, unused products after deducting a 20% restocking charge, provided You notify us of such return within 3 days of receipt. www.ExpressMed.in will not accept returns if You fail to notify within 3 days of receipt.
9.10. Returns are subject to the below conditions:
a. Wrong ordering of product(s) does not qualify for returns.
b. Batch number of the product(s) being returned should match as mentioned on the invoice.
c. Returns arising out of change in prescription does not qualify for returns.
d. Product(s) being returned should compulsorily be in their original manufacturer’s packaging i.e., with original price tags, labels, bar-code and invoice; and
e. Partially used or consumed product(s) does not qualify for returns.
Return Policy Exceptions:
9.11. Certain category of products are not returnable. The details of the non-returnable products are mentioned below:
Healthcare devices such as Injections, Surgical, Health Monitor, Ortho Support.
Medicines Temperature sensitive products (Cold Chain Products)
Medicines For which Patient Assistance Program has been utilized
9.12. www.ExpressMed.in does not offer replacements or exchanges of the above non-returnable products. Also, www.ExpressMed.in reserves the right to refuse returns or refunds for certain products, as marked in the respective product pages as “Note: This item cannot be returned for a refund or exchange”
Return Process:
9.13. To request a return, email Us, within 3 working days of receipt, your order details, including the reason why You are requesting a return. The www.ExpressMed.in may also require You to upload pictures of the products received in order to process the return.
9.14. Company will verify the request within 3 working days from the time of receipt of your request. Once the claim is verified as genuine and correct, www.ExpressMed.in will initiate the collection of the product(s) to be returned. You will be required to pack the product(s) in the original manufacturer’s packing.
9.15. If You have any queries, you can reach us at our help desk at +91-89391-69999 or email us at support@ExpressMed.in
Cancellation Policy:
9.16. You can cancel the product(s) ordered in the Website/App within 12 hours of placing the order. Orders once shipped cannot be cancelled.
9.17. In cases where www.ExpressMed.in is unable to accept the order in cases including but not limited to non-availability of product or quantities ordered by You or inaccuracies or errors in the pricing information etc, www.ExpressMed.in reserves the right to cancel the order without any liability to the Company.
9.18. www.ExpressMed.in shall also cancel orders if it includes but limited to:
a. Product(s) ordered are not for self-consumption but for commercial resale;
b. Multiple orders placed for same product at the same address;
c. Bulk quantity of the same product is ordered;
d. Invalid address given in order details
e. Any malpractice used to place the order.
10. Limited Use Of Information On The Website/App:
10.1. The information on this Website/App is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that You do not make medical decisions, and You should always seek the advice from qualified healthcare professional with any questions You may have about your medical condition.
10.2. www.ExpressMed.in does not endorse any views or opinions that may be included in the Website/App Content, or other information provided through our Services. Your submission of questions or reviews on our products does not constitute a professional relationship between You and www.ExpressMed.in.
11. Third Party Information:
11.1. The content on the Website/App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’). The Website/App may contain links to/ content of third-party websites that are not associated with us. We have no control over any third-party user generated content as we are merely an intermediary for the purposes of those content. In the event, if any of the third-party content infringes any intellectual property of any person, such third party shall be solely responsible for any loss caused without any liability to the Company. You may send as an email at support@ExpressMed.in to report any such content.
11.2. Other than that, when expressly allowed, any use of Our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
12. User Content:
12.1. The information/content that You upload or post in the Website/App (“User Content”) will become Our property and You grant us the worldwide, perpetual and transferable rights in such User Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the User Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include any content You provide and are not entitled to any payment or other compensation for such use. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this Website/App, or stored on Our servers, or hosted or published upon this Website/App.
12.2. Those posting any form of User Content on the Website/App must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website/App, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the user posting such content, if We feel that there is a need to check such accuracy. We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We cannot be held liable for any false or misleading information.
12.3. In case any User Content is considered to be unlawful or against the law within any jurisdiction in which our Website/App can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
13. User Obligations:
13.1. You are a restricted user of this Website/App.
13.2. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App. With Our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/App is not permitted. You shall not, nor allow third parties on Your behalf to (i) make and distribute copies of the Website/App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website/App; or (iii) create derivative works of the Website/App of any kind whatsoever.
13.3. You agree not to access (or attempt to access) the Website/App and/or the materials or Services by any means other than through the interface that is provided by the Website/App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App.
13.4. You acknowledge and agree that by accessing or using the Website/App or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App. Further, You may report such offensive content by sending us an e-mail to our official e-mail address.
13.5. This Website/App by nature allows You to upload information; You undertake to ensure that such material is in accordance with applicable laws.
Further, You undertake not to:
a. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b. Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App);
c. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Publish, post, disseminate, any information which is 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 whatsoever; 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;
e. Post any file that infringes the copyright, patent or trademark of other legal entities.
f. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another's computer;
g. Download any file posted by another user of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;
h. Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of the Website/App, including any account not owned by You, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website/App;
i. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
j. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
k. Use the Website/App or any material or Content or User Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties;
l. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m. Violate any applicable laws or regulations for the time being in force within or outside India;
n. Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website/App contained herein or elsewhere.
o. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
q. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
r. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
s. Create liability for Us or cause Us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
13.6. While We shall not be held liable or answerable to Users for any such acts on your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website/App or by Us.
13.7. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
13.8. We have no obligation, to monitor the material posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, You remain solely responsible for the content of the materials You post on the Website/App. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the App. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
14. Disclaimer Of Warranties And Limitation Of Liability:
14.1. All information, products and Services included on or otherwise made available to You through this Website/App are provided by www.ExpressMed.in 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/App is at your sole risk.
14.2. www.ExpressMed.in assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.
14.3. www.ExpressMed.in has exerted reasonable efforts to ensure that all information published on the Website/App is accurate at the time of posting; however, there may be errors in such information for which We shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/App at Our sole discretion.
14.4. www.ExpressMed.in cannot guarantee the adequacy, currency or completeness of the Website/App content. www.ExpressMed.in does not warrant or endorse the effectiveness, quality or safety of the products available on the Website/App.
14.5. We disclaim responsibility for any harm to persons resulting from any instructions or products referred to in the Website/App. www.ExpressMed.in is not associated with any manufacturer of medicines or other products on the Website/App. We do not warrant that the Website/App, or its content will meet Your requirements.
14.6. Please note that while www.ExpressMed.in has made every effort to accurately display the colours of products on its Website/App, the actual colour You see will depend on your monitor or the display You use to access the Website/App. We cannot guarantee that Your device’s display of any colour will be the same as the colour of the products delivered to You.
14.7. We may let You view Our information and communicate with us through the social media services such as Facebook, Instagram, Twitter. www.ExpressMed.in explicitly disclaims any responsibility for the terms of use and privacy policies that govern these third-party websites, which are in no way associated with us.
14.8. www.ExpressMed.in accepts no responsibility for any loss or damage suffered due to your reliance on the product reviews posted by www.ExpressMed.in Users.
14.9. www.ExpressMed.in reserves the right to modify or withdraw any part of the Website/App or any of its content at any time without notice.
15. Website/App Availability:
15.1. We take all reasonable care to ensure the availability of the www.ExpressMed.in Website/App 24x7. However, the Website/App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. www.ExpressMed.in does not warrant uninterrupted access to this Website/App or any linked Website/App. However, We may, but shall not be obliged to, issue a notice when We know of scheduled maintenance of our Website/App.
16. Links To Third-Party Websites:
16.1. We provide link to third-party websites, our online payment service partners, which process your Net Banking and Credit/Debit Card payments, etc. We are not responsible for the availability or proper functioning of such linked pages or sites, and We cannot not be held responsible for any loss or inconvenience encountered as a result of using such Website link.
17. Location Of Services:
17.1. Currently we provide our services in India.
18. Copyrights, Trademarks And Other Intellectual Property Rights:
18.1. As per the Terms and Conditions of www.ExpressMed.in, the Website/App grants access to Users/Customers to view the content solely for visiting, ordering, and communicating only. All materials in this Website/App, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Website/App are copyrights and/or other intellectual properties owned by Eazymed Technologies Private Limited. All other trademarks not owned by www.ExpressMed.in that appear on this Website/App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by www.ExpressMed.in.
18.2. You hereby agree that You will not reproduce, duplicate or copy the content of www.ExpressMed.in for any purpose, unless You have been specifically permitted to do so in a separate agreement with this Website/App.
19. User Indemnification:
19.1. You hereby agree to indemnify, defend, hold harmless www.ExpressMed.in and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to Your Account, or any information or material You have submitted or will submit to Us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and You hereby agree to cooperate fully with Us in asserting any available defences.
20. Compliance With Applicable Laws:
20.1. While communicating/ transacting through the Website, the Parties shall at all times ensure full compliance with the applicable provisions of all the applicable laws including but not limited to the Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc. as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Pharmaceutical Good and Services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.
20.2. The Users must also ensure that the prescription uploaded on the Website/App or emailed to www.ExpressMed.in for processing the order for prescription drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the www.ExpressMed.in, its affiliates or other third party service providers as a result of any dispensation of prescription drugs owing to the non-compliance by the User in this regard.
21. Disclaimer Of Warranties And Liabilities
21.1. You expressly understand and agree that, to the maximum extent permitted by applicable law that:
a. The website/app, services and other materials are provided by this Website/App is 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, We make no warranty that
(i) Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
(ii) materials, information obtained and results will be effective, accurate or reliable;
(iii) any errors or defects in the website/app, services or other materials will be corrected.
To the maximum extent permitted by applicable law, we will have no liability related to User Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any User Content.
b. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website/App is done entirely at his/her 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. We are not responsible for any typographical error leading to an invalid coupon. We accept no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.
c. We shall not be liable for any third-party product or services.
22. User Submissions:
22.1. www.ExpressMed.in reserves sole discretion to accept, edit or reject any and all materials. You may send to us as part of the features in the Website/App, including but not limited to, ratings & reviews, testimonials, etc. ("Submissions"). Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy.
22.2. www.ExpressMed.in shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, You hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish Your name in connection with your Submission.
22.3. You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
22.4. The User/Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the www.ExpressMed.in Website/App.
22.5. www.ExpressMed.in does not endorse and is not responsible for any Submissions on its Website/App. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.
23. Indemnification And Limitation Of Liability:
23.1. You agree to indemnify, defend and hold harmless the Company including but not limited to its affiliate 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 Us 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 of Use. Further, You agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website/App, any claim that Your material caused damage to a third party, Your violation of the terms of service, or Your violation of any rights of another, including any intellectual property rights.
23.2. In no event shall We, or Our officers, directors, employees, partners or suppliers be liable to You 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 We have 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/App, services or materials.
23.3. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.:
24. Termination:
24.1. You agree that, in its sole discretion and for any or no reason, including without limitation if You breach these Terms of Use, may terminate your access to and use of the Website/App, at any time. You agree that any termination of your access to the Website/App or suspension of your account may be effected without prior notice, and You agree that www.ExpressMed.in shall not be liable to You for any such termination. Your right to use the www.ExpressMed.in Website/App /Service iExpressMediately ceases upon termination of your access/use of the Website/App.
25. Force Majeure:
25.1. Users accept and acknowledge that www.ExpressMed.in shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, flood, earth quack, war, insurrection, fire, riots, civil disturbances, terrorist attack, revolution, epidemic, pandemic, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of www.ExpressMed.in, its affiliates or the third party service providers), or any other delay or default or deficiency or failure which arises from causes beyond www.ExpressMed.in reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, www.ExpressMed.in, depending on whose performance has been impacted under the Terms of Use, shall iExpressMediately give notice to the User of the facts which constitute the Force Majeure Event.
26. Governing Law And Jurisdiction:
26.1. These Terms of Use, Privacy Policy and your use of this Website/App and its content will be governed by and construed in all respects in accordance with the laws of India without reference to conflict of law principles. Any legal action or proceeding related relating to this Terms of Use shall be subject to the exclusive jurisdiction of the courts at Chennai only.
27. Dispute Resolution:
27.1. All disputes arising out of or in relation to this Terms of Use, Privacy Policy inclduing but not limited to rights conferred, compensation, refunds, and other claims (“Dispute”) will be at mutually resolved by the Parties amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a Dispute to the other Party, the Dispute will be resolved by arbitration by a sole arbitrator to be mutually appointed by both Parties, and the award passed by such sole arbitrator will be valid and binding on both Parties.
27.2. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Chennai in the state of Tamil Nadu, India.
27.3. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings.
27.4. The Parties expressly agree that the Terms, Policy, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Chennai shall have exclusive jurisdiction over any disputes arising between the Parties.
28. Modifications And Amendments:
28.1. We reserve the right to amend these terms and conditions from time to time without further notice to You. Any such amendments We make shall be effective once we post a revised version of these Terms of Use on the Website/App. It is your responsibility to review the www.ExpressMed.in Terms of Use regularly. Your continued use of the Website/App following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.
29. Miscellaneous:
29.1. We reserve the right to change these Terms of Service at any time without notice in its discretion and to notify Users of any such changes solely by changing this Terms of Use. Your continued use of the Website/App after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. Your use of this Website/App prior to the time this Terms of Use was posted will be governed according to the Terms of Use that applied at the time of your use.
29.2. We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Website/App or its content at any time, without notice or liability. We may deny access to any person or User at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Us or any of their assets.
29.3. We hereby reserve the right to block usage of the Website/App if any breach of the Terms of Use is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.
29.4. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
29.5. Even after termination, certain obligations including but not limited to indemnity obligations, intellectual property rights, dispute resolution will continue and survive termination.
29.6. Any failure of the Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
29.7. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
29.8. In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy, these Terms of Use shall prevail. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service shall prevail.
30. Contact Information:
30.1. If You have any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at support@ExpressMed.in. If You have have any questions concerning www.ExpressMed.in, the Website/App, these Terms of Use, or anything related to any of the foregoing, www.ExpressMed.in can be reached at the following email address – support@ExpressMed.in
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