Document

Welcome to www.netmeds. com ("Netmeds.com", "Netmeds", "Website", "Pharmacy", or "we"). This Website/App is managed and operated by Reliance Retail Limited whose registered office is in Mumbai, India.

The terms and conditions as set out herein (“Terms”) constitutes an agreement between Reliance Retail Limited, a company incorporated under the laws of India, having its registered office at 3rd floor, court house, Lokmanya Tilak Marg, Dhobi Talao, Mumbai – 400002 (“we”, “Reliance” “us” or “our”), manages and operates an online marketplace at www.netmeds.com and a mobile application under the brand name Netmeds (collectively referred to as the “Platform”) and a natural or legal person who accesses and/or uses the Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on the Platform (“Service(s)”), as updated from time to time.

By using the Platform, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the Platform. If you have any questions about the terms, please contact cs@netmeds.com Please note that your access to the Services, other Platforms or utilisation of Products (defined below), offers or promotions in relation to the Products and services as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the Platform and transaction or dealings thereon.

For the purposes of these Terms: (a) “Platform” means https://www.netmeds.com/ which includes its corresponding mobile application/wallet/ website/tablet/desktop or any other digital mode and/or operating system as provided by us, 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/ websites/ tablets and digital modes as provided by us; (b) “Products and Services” shall mean prescription medicines, over the counter medicines, beauty products, fast moving consumer goods, online doctor consultation and diagnostic tests and other products and services offered for sale to you on the Platform; and (c) ‘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, (d) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the Platform and for purchase of Products thereof.

PART A – TERMS AND CONDITIONS FOR USAGE OF THE PLATFORM

1.General

1.1 The terms and conditions for usage of the Platform as set out herein (“Terms and Conditions”) specifically govern your access and use of the Platform, which provides a forum for you to inter alia enable you to discover, select and buy Products listed on the Platform at the indicated price at any time, from the locations serviceable by us.

1.2 Please note that we may from time to time change the Terms and Conditions that govern your use of the Platform. Every time you wish to use our Platform, please check these Terms and Conditions to ensure you understand the Terms and Conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platform or suspend the operation of the Platform for support or maintenance work, in order to update the content or for any other reason, at any time.

1.3 Any accessing, browsing, or otherwise using the Platform indicates your agreement to these Terms and Conditions, Privacy policy of the Platform (available here: https://www.netmeds.com/privacy-policy) and any other policies or guidelines that may be applicable on the Platform at the time of your access and usage of the Platform and which may be updated from time to time (collectively, the “Agreement”).

1.4 This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.5 We authorise you to view and access the Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy (available here: [insert the hyperlink of the return and refund policy]therefore, grant you a limited, revocable permission to access and use the Services.

1.6 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

2.REGISTRATION OF YOUR ACCOUNT

2.1 In order to purchase Products or avail the Services on the Platform and to use certain features of the Platform(e.g. ordering Products, posting rating/reviews, receiving our e-newsletters), you must set up an account with the Platform and provide certain information about yourself as prompted by the customer information form, including, your name, gender, email address, account password, mobile phone number and billing/shipping address. You will be eligible to further access and avail the Services only upon receipt of a confirmation e-mail from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration. The installation and use of this Platform is free of cost and this includes only the usage of certain services of the Platform. However, in the event, you use the Platform to choose a Doctor/registered medical practitioners and book an appointment, you shall be required to pay for the consultation. In case of video or phone consult, you shall be required to pay for the consultation prior and in the case of clinical consultation, the patient shall pay after consulting the Doctor/registered medical practitioners.

2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

2.3 You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms and Conditions. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.

2.4 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.

2.5 It is your responsibility to keep your email address up-to-date on your account setup at the Platform so that we can communicate with you electronically.

3.COMMUNICATION AND UNSUBSCRIPTION

4.1 You understand that the user can utilize the Platform to locate Doctor/registered medical practitioners and make appointments for consultation. Even though we take all the necessary steps to verify the authenticity of the Doctor/registered medical practitioners, you understand and agree that we shall not be liable for any deficiencies including but not limited to misconduct, injury caused or lack of knowledge from the end of the Doctor/registered medical practitioners. We are not a party to such interaction and take no liability that arises from any such acts of the Doctor/registered medical practitioners.

4.2 Healthcare Services: All of the Treating Providers who deliver Services through the Platform are independent professionals solely responsible for the services each provides to you. The Platform does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither the Platform nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Treating Provider via the Services.

4.3 Informed Consent: The telehealth Services you receive from Treating Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed and continue to consult with your primary care physician and other healthcare professionals as recommended. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:

4.3.1 In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Treating Provider;

4.3.2 Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;

4.3.3 In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;

4.3.4 Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.

4.4 By accepting these Terms and Conditions, you acknowledge that you understand and agree with the following:

4.4.1 You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured;

4.4.2 Your Treating Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Platform;

4.4.3 With respect to psychotherapy, you are entitled to receive information from your Treating Provider about the methods of therapy, the techniques used, the duration of your therapy (if known), and the fee structure. You can seek a second opinion from another therapist or terminate therapy at any time;

4.4.4 With respect to psychotherapy, if you and your Treating Provider decide to engage in group or couples therapy (collectively “Group Therapy”), you understand that information discussed in Group Therapy is for therapeutic purposes and is not intended for use in any legal proceedings involving Group Therapy participants. You agree not to subpoena the Treating Provider to testify for or against other Group Therapy participants or provide records in court actions against other Group Therapy participants;

4.4.5 You understand that anything any Group Therapy participant tells the Treating Provider individually, whether on the phone or otherwise, may at the therapist’s discretion be shared with the other Group Therapy participants. You agree to share responsibility with the Treating Provider for the therapy process, including goal setting and termination;

4.4.6 You can send messages to your Treating Provider by contacting Customer Support (by emailing to cs@netmeds.com). If you are experiencing a medical emergency, you should call the emergency ambulance number or go to the nearest emergency room;

4.4.7 All communication between the Doctor/registered medical practitioners and you is a separate transaction which includes without any limitation all warranties related to consult and after consult services related to consult. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication. We do not endorse any specific Doctor/registered medical practitioners on the Platform nor place any guarantee as to its quality and value. Any such recommendations that are done are done by other users and the Company does not verify or acknowledge the same;

4.4.8 Further we may suggest treatments or services in accordance with your information within our knowledge but we do not guarantee any effectiveness or success upon using these services. Subject to the above sub-clauses, a contract exists between the Doctor/registered medical practitioners and you and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the Doctor/registered medical practitioners and you and we are in no way a party to such breach or involved in any suit claim/negligence/damages etc arising from the same breach;

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