Terms & Conditions
The Terms and Conditions set out in this agreement constitute a legal binding agreement between you personally or on behalf of any entity and ‘independent contractors’ (“Company”, “We”,“Us”) concerning your access on the platform.
This agreement governs the use of the platform, which helps users to register, communicate with the customer service team or to avail online service of pharmacies and track the same.
1) Platform: Includes the mobile application/wallet/ website/tablet/desktop or any other digital mode and/or operating system provided by us and under the name “Medily” on which you may avail the services and includes applications controlled and managed by us which interact with one or more such mobile applications/ wallets/ platforms/ tablets and digital modes as provided by us.
2) Products and Services: “Medily” a brand of independent contractorsis a technology based hyperlocal online pharmacy to connect customers (hereinafter referred to as “Clients”) with “Offline Retail Pharmacy” and ”Pharmaceutical Independent contractors”. “Medily’s” mission is to serve its customers (hereinafter referred to as “Clients”) by offering convenience, fastest delivery of products at best price. “Products and Services” for the purpose of this agreement shall mean prescription medicines, over the counter medicines, beauty products, fast moving consumer goods,or any other products that are sold in an offline pharmacy, online doctor consultation and diagnostic tests and other products and services offered for sale to you on the Platform
2. Technology Platform for Products and Services – The Company provides a platform and provides certain intermediary services to purchase pharmaceutical drugs and services, FMCG products, OTC, wellness, health and nutraceutical products offered by third-party retail pharmacies (“Retail Pharmacies”) and independent contractors. The Company and the Platform merely provide hosting and technology intermediary services to you and persons browsing/ visiting the Platform. All items offered for sale on the Platform, belong to the third party and are third party products and do not belong to ‘Medily’. The Company has no control over such third party user generated contents and Products and Services.
The authenticity and genuineness of the Products and Services made available by the Retail Pharmacies through the Platform shall be the sole responsibility of the Retail Pharmacies. The Company shall have no liability in respect of the authenticity of the Pharmaceutical Goods and Services being supplied through the Platform.
The Company does not take any responsibility to legal ownership of the Pharmaceutical Goods and Services offered for sale by the Retail Pharmacies on the Platform. The right, title, claim or interest in the products sold through the Platform shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions if the sale is done by “Retail Pharmacies” or independent contractors.
3. Platform Content:
You agree and acknowledge tha
t all the information contained on this platform, including that relating to catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the platform, including without limitation, text, copy, audio, video graphics etc is for purpose of general information only and does not constitute either advertisement or promotion of any drug being offered for sale by the third-party pharmacies on the Platform or any professional medical advice, diagnosis, treatment or recommendation of any kind.This information should not be considered complete and is not intended to be used in place of a patient visit, call, consultation or advice of a medical professional, or any information contained on or in any product packaging or labels. Information obtained by using the platform is not exhaustive and does not cover all information. The information on this platform and any link to other sites is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have. This platform by itself does not create a doctor/patient relationship.
4. Prescription Drugs:
It means a drug lawfully available for retail purchase only with a Doctor’s prescription.
FDA requires some medicines to be disbursed only with a valid prescription. In order to purchase drugs and pharmaceutical products that requires a valid prescription, You are required to upload a photograph of the valid prescription on the platform.
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 we may not be able to deliver the medicines to you.
5. Substitution or Alternate Therapies or Suggestions for Medications or Diseases:
You acknowledge and accept that to order, follow or implement any suggestive measures or substitutes for prescribed drugs suggested by “Retail Pharmacies” or by any other party involved whether directly or indirectly is at the sole risk and choice of the customer and the “Company” is not to be held responsible for any adverse outcome with no limitation whether emotional, physical or financial.
6. Transfer of Property and Completion of Sale- Upon acceptance of the Order by the concerned Retail Pharmacies (being the offline Retail Partner of the platform), the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the details and specifications of the order and prescription submitted by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the 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 Retail Pharmacies. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned 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 Retail Pharmacies (being the offline Retail Partner of the platform) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
7. Drugs Delivery- The platform establishes a network of retail pharmacies and independent contractors.
Pharmaceutical Drugs and Services shall be delivered by the Retail Pharmacies or independent contractors.
You accept and acknowledge that the courier/ delivery personnel, engaged by the Retail Pharmacies or the Company, shall be Delivery Fulfilment Agents of the delivery of the Pharmaceutical Drugs and Services from the concerned Retail Pharmacies or the Company 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.
8. Prescription Policy:
You agree and acknowledge that any e-prescription uploaded on the platform is original and not manipulated, the user assures that the prescription uploaded is issued by user’s doctor and has been issued in compliance with applicable laws of India and the validity and authenticity of such prescriptions is sole responsibility of the user and the platform or the Company will not be held responsible whatsoever for any discrepancies.
Where such prescription is not a valid prescription, the same would not be used for dispensation of medicines by the platform, it’s affiliates or any pharmacist including the Partner Retail Pharmacies. We will only act as an aggregator in the order process where you request us to process the e-prescription or any form thereof (whether original or scanned copy of the original prescription).
Further, it is Your responsibility for ensuring that the information submitted is accurate and the Company shall not make any effort to validate any information or prescriptions provided by You for using the Services with respect to the content.
9. Product Availability:
The “Company” is currently delivering orders of all products available in a pharmacy and providing various offers mentioned on the Platform (“Offers”) only at select locations in the city of Mumbai (“Operating Locations”).
We will not be able to service orders at any place other than the Operating Locations. Any modification in the Operating Locations of the “Company” shall be mentioned on the Platform. All Products are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed an order.
We take care to accurately display the description, colours and images of our Products but, we cannot guarantee nor take responsibility for variations in pictorial representations for the Products and colour variation due to technical reasons.
10. Pricing Model:
The prices of each of the Products shall be conveyed on the Platform. The prices mentioned at the time of ordering the Products shall be the price charged at the time of delivery of the Products. All the Products listed on the Platform will be sold at Indian Rupees either at Maximum Retail Price (MRP) (inclusive of all taxes) or at a discounted price unless otherwise specified. The prices of the Products may be modified from time to time.
Prices and descriptions of the Products are subject to change at any time without notice, at our sole discretion.
The Company endeavours to make available the Products at the best prices as possible on the Platform.
The Platform allows you to place order for Products in standard quantities and the price of each Product displayed on the Platform is also calculated on the basis of standard quantity of the Product. However, due to the nature of the Product there may be a variance between the quantity ordered and the quantity supplied.
We will only charge you for the quantity of the Product that has been supplied to you. In case the quantity of the Product supplied to you is less than the quantity of Product ordered, any excess amounts paid by you shall be refunded to you. The mode of refund shall be as determined by the “Company” from time to time, such as, credit to Medily Wallet, Medily Cash or by crediting any other mobile wallet or any other bank account that you may use.
In case the quantity of the Product supplied to you exceeds the quantity ordered by you, any additional amount due from you will be adjusted against your next order.
We shall not be liable to you or to any third-party for any modification in price, suspension or discontinuance of the Products.
The Users will be informed about any additional charges, fees, and costs (including, delivery charges, if any) that may be levied on the purchase of the Products on the Platform at the checkout page during a transaction.
The Company does not manipulate the price of any Products and/or Services offered on the Platform.
11. Delivery, Delivery Times and Handling Charges: The Company shall deliver the Products daily during such time period as communicated to You through the Platform, subject to rider availability in Your area engaged by the Company. The Company endeavours to deliver orders within 15 minutes to 30 minutes of order confirmation, however, does not guarantee as to the exact delivery time which may vary on a case to case basis due to certain factors including rider availability, customer demand, traffic, and weather or a force majeure event.
The delivery of the Products will be made to the delivery address specified by You while placing the order for the Products on the Platform.
This does not have to be the same as the billing address. You are solely responsible for providing a complete and an accurate delivery address and, if applicable, further instructions for delivery via the “Platform”. The Company shall not be responsible for any delay in delivering the order placed by You on the Platform caused due to the incorrect or incomplete address provided by You.
It is imperative that you are available at the delivery address in the time-frame mentioned on the “Platform”.
The “Company” is not responsible for delay in delivery or non delivery done due to unavailability of the customer or non-answering of calls placed by “Company” or “Retail Pharmacy” delivery agents at the specified and submitted delivery address on the “Platform” The riders will ordinarily only make deliveries when an appropriate person is able to receive the delivery.
If You ask us to leave a delivery unattended at Your address, the “Company” expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination, and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
In the event You opt to make payment for the Products by ‘Cash on Delivery (CoD)’ mode, the riders shall have the right to refuse delivery of the ordered Products to You if You fail to make the complete payment for the delivery and the Company shall not be liable for any losses or damage that may arise on account of such non delivery to You.
The “Company” may charge such delivery and handling charges, as maybe determined by the “Company” from time to time along with the applicable taxes. Although the “Company” strives to deliver the orders on time, there may be situations wherein the actual time taken for delivery of a Product shall vary from the delivery time mentioned at the time of ordering such Product.
DGPL shall keep you updated about any delays in delivering of Products. 12. Disclaimer of Warranty and Limitation Of Liability: You acknowledge that the opinions expressed on the platform are published for educational and informational purposes only, and are not intended as a diagnosis, treatment or as a substitute for professional medical advice, diagnosis and treatment. Please consult a physician or other health care professional for your specific health care and/or medical needs or concerns.
Using, accessing and/or browsing the platform and/or providing personal or medical information to the platform does not create a physician-patient relationship between You and the Application Provider. It is important that you talk to your doctor so that you can gather all the information about your health (ex. age, health history, symptoms, etc.) to determine your status. The information provided on Medily.in is not intended to substitute for consultations with your doctor, nor medical advice specific to your health condition the Company, its affiliates and third parties, express or implied, whether oral, in writing or in electronic form disclaim any liability arising from your use services or for any adverse outcome of your use of this information provided by Medily.in for any reason, including but not limited to any misunderstanding or misinterpretation of the information provided here.
The Company 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 Retail Pharmacies on the Platform; The Company gives no guarantee that the concerned Retail Pharmacies will perform any transaction concluded on the platform. The Company 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 platform at the time of placement of order by you.
Any independent contractors, its affiliates, and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this agreement, the provision of services hereunder, the sale or purchase of any merchandise ordered through the site, your access to or inability to access the site, site information, or services, including for viruses alleged to have been obtained from the services, your use of or reliance on the services, the site information or materials available through third party sites linked to the site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Any independent contractors and any other party involved in creating, producing or distributing the platform, and their officers, directors, subsidiaries, employees, affiliates, agents, partner, successors and assigns (the released parties') will not be liable for any claims, demands and direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if 3S Healthcare Pvt Ltd has been advised of the possibility of these damages) resulting from your use of the platform, platform content and platform services.
Under no circumstances will the released parties total liability of all kinds arising out of or related to your use of the platform and platform content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort or otherwise, exceeds the sum of Rs. 5000/-. The Company makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by the Company employees. The Company is not responsible for transmission errors and corruption of data.
13. Returns, Refunds, Free Goods Amount and Cancellations: Returns: “User” can return products bought from the “Platform” within a time period of 7 days provided the product is not damaged, tampered with and is purchased on the “Platform”. Acceptance or rejection of returns by the “User” is at the sole discretion of the “Company” and has no binding on the “Company”. The “Company reserves the right to delete, modify the returns terms from time to time with no prior notice. The policy for acceptance of returns of Products shall be communicated to the User, from time to time, through the push notifications on the Platform, or any other mode of communication as specified in this Terms or as determined by the Company.
Refunds: The policy for refund of monies with respect to return of Products or for any other promotional purpose, shall be communicated to the User, from time to time, through the push notifications on the Platform, or any other mode of communication as specified in this Terms or as determined by the Company.
The Company shall remit payments towards accepted refund requests of Users in compliance with applicable laws. Free Goods: The “Company” for the purpose of promotion and advertising promises to give products free capped to a maximum amount of Rs 200 or product value whichever is less if they are not delivered within the promised time period of 15 minutes.
The “Company reserves the right to delete, modify the promotion terms from time to time with no prior notice.
Cancellations: You may cancel an order without charge at any time. The Company may cancel an order (in full or partially) for reasonable reasons including shortage or unavailability of Products. In case the Company cancels any order, You will not be charged for such cancellations, and the Company will reimburse You for any payment already made using the same method You used to pay for your order.
Acceptance or rejection of cancellation by the “User” is at the sole discretion of the “Company” and has no binding on the “Company”. The “Company reserves the right to delete, modify the cancellation terms from time to time with no prior notice.
The cancellation policy including with respect to cancellation fee with respect to an order accepted by the Company, shall be communicated to the User, from time to time, through the push notifications on the Platform, or any other mode of communication as specified in this Terms or as determined by the Company.
14. Eligibility of Use:
Use of the Platform 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 Platform.
The Products shall also not available to any Users suspended or removed from the company’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 Platform. By accessing and using this Platform, 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 Platform, through Your legal guardian in accordance with the applicable laws.
Company reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years.
Company reserves the right to refuse access to use the services offered at the Platform 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 Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
3S Healthcare Pvt Ltd respects your right to privacy. We may collect registration and other information about you through the platform. Our Privacy Statement available governs our collection and use of this information.
The Privacy Statement also explains how your information is used and who has access to it.
16. Personal Information
17. User Account, Password, and Security:
You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request the Company for information revision or update. If You provide any information that is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to refuse any and all the Services. The Company reserves the express right to refuse access to the Services at any time without notice for Your failure to abide by the Terms as set forth herein or to comply with applicable laws including with respect to accessing the Tobacco and Alcoholic Products (defined below) through the Platform.
18. Payment related Information The information relating to the accepted payment methods on the Platform shall be displayed during the purchasing process.
In order to avail the Services, You undertake to use and provide valid bank details or other details required for facilitating payment towards the Products/Services (“Payment Details”). By providing the Payment Details, You
represent, warrant, and covenant that:
(1) You are legally authorized to provide such Payment Details;
(2) You are legally authorized to perform payments using such Payment Details; and
(3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform. Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because:
(a) Your bank account or any other payment did not contain sufficient funds to complete the transaction;
(b) You have not provided the Company with correct Payment Details;
(c) Your payment card has expired; or
(d) circumstances beyond the Company’s reasonable control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
19. Copyright/ Intellectual Property Infringement 3S Healthcare Pvt Ltd respects the intellectual property rights of others, and requires you to do the same. It is the policy of 3S Healthcare Pvt Ltd to terminate the access privileges of those who repeatedly infringe the copyright or intellectual property rights of others.
If you believe that your work has been posted on the platform in a way that constitutes copyright or other intellectual property infringement, please contact 3S Healthcare Pvt Ltd at the address below and provide the necessary information: E-mail: firstname.lastname@example.org
21. Electronic Communications When you visit the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
23. Modification and Termination of Platform 3S Healthcare Pvt Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the platform (or any part of it) with or without notice. You agree that 3S Healthcare Pvt Ltd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the platform. 3S Healthcare Pvt Ltd may also make improvements and/or changes in the products, services and/or the programs described in this platform at any time without notice. However, 3S Healthcare Pvt Ltd disclaims any responsibility to update, improve or change this platform.
24. Other Platforms and Resources Third parties using the platform may provide links or access to other platforms and resources. Because 3S Healthcare Pvt Ltd has no control over such sites and resources, you acknowledge and agree that 3S Healthcare Pvt Ltd is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 3S Healthcare Pvt Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or platforms available on or through any such site or resource.
25. SMS Terms & Conditions By providing your cell phone number, you have provided 3S Healthcare Pvt Ltd with consent to send you text message alerts, notifications and reminders. By providing this consent, you are authorizing 3S Healthcare Pvt Ltd to contact you using automatic telephone dialing systems, automatic texting systems and artificial or prerecorded messages. By providing this consent, you have also represented that you are the owner or customary user of any cell phone number, which you have provided to us. Your cellular providers Message & Data Rates May Apply. We also reserve the right to terminate our text message program at any time.
Please be aware that if you are having any problems receiving text messages or if you wish to stop this service at any time, you can do so by contacting us at email@example.com or using the following number: 8908-499- 499.
30. Flat 50% OFF offer valid only on 1st order and Maximum discount of Rs 125. The offer can be withdrawn anytime without notice. This offer can not be clubbed with any other offer.