1. What is Esymedi
1.1. The domain name www.Esymedi.com, an internet based portal, and Esymedi, a mobile application, is owned and operated by Finbiz Services Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter, referred to as Esymedi or We or Our or Us or Company). The domain name and the mobile application are collectively referred to as Website.
1.5. You agree and acknowledge that the Website is a platform that Users and Sellers utilize to meet and interact with another for their transactions. Esymedi is not and cannot be a party to or save as except as may be provided in this document control in any manner, any transaction between the Users and Sellers.
1.7.1. The Indian Contract Act, 1872 (Contract Act);
1.7.2 The (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules");
1.7.3. The Drugs and Cosmetic Act, 1940 (Drugs Act), read with the Drugs and Cosmetics Rules, 1945 (Drugs Rules);
1.7.4. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and Consumer Protection Act, 1986.
2.1. For the purposes of transacting with Sellers through the Website, the Users are required to obtain registration, in accordance with the procedure established by Esymedi in this regard. As part of the registration process, Esymedi may collect the following personal information from the Users:
- User ID
- Email address
- Date of Birth
- Phone number
- Password chosen by the User
- Blood Group
- Other details as the User may volunteer.
2.3. A user id can only be utilized by the person whose details have been provided and Esymedi does not permit multiple persons to share a single log in/ 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 purchasing drugs, booking lab test, requesting blood donation request or other pharmaceutical products or services, on behalf of such persons.
2.4. You agree and acknowledge that You would (a) create only one account; (b) provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Website; (c) maintain and promptly update Your account information; (d) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (e) promptly notify Esymedi if You discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.
4. Services and Use of Website
Platform to facilitate transaction of business
4.1. Esymedi provides Services through the Website, which is a platform that facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Sellers. You understand and agree that Esymedi and the Website merely provide hosting services to its Users and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Sellers/ manufacturers of drugs and other pharmaceutical products (Manufacturers), are third party user generated contents. Esymedi has no control over such third party user generated contents and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission.
4.2. The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the drugs and other pharmaceutical products or services are offered by and agreed to between Users and Sellers and the contract for purchase of any of the drugs or other pharmaceutical products, or services, offered for sale on the Website by the Sellers shall strictly be a bipartite contract between the Seller and the User.
4.3. The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the goods and services offered for sale by the Sellers, and after sales services related to such goods and services. Esymedi does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between Users and Sellers.
4.4. Esymedi does not make any representation or warranty as to legal title of the goods and services offered for sale by the individual Sellers on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with Esymedi nor shall Esymedi have any obligations or liabilities in respect of any transactions on the website. The Users agree and acknowledge that the ownership of the inventory of such goods and services shall always vest with the Sellers, who are advertising or offering them for sale on the Website and are the ultimate sellers.
4.5. The Users agree and acknowledge that the Seller shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Seller does not have the sole and exclusive legal ownership over the goods and services that have been offered for sale on the Website by such Seller, or did not have the absolute right, title and authority to deal in and offer for sale such goods and services on the Website.
Possession and stocking
4.6. Esymedi does not, at any point of time, take possession of, or stock any of the goods or services offered for sale by the Seller on the Website.
Non-Performance of Contact
4.7. The User accepts and acknowledges the following:
- Esymedi is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and Seller for purchase and sale of goods or services offered by such Sellers on the Website;
- Esymedi cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website;
- Seller is solely responsible for ensuring that the goods or services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, Esymedi is not responsible if the Seller does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by the User;
- Esymedi shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers. In particular, Esymedi does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website;
Exhibition of drugs and publication of Content/ Information on the Website
The Users agree and acknowledge that the respective Sellers are exhibiting their catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.
The contents provided on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Sellers on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
The Users acknowledge and agree that such Manufacturers / Sellers shall be solely responsible for ensuring that such third party generated information made available regarding the goods offered for sale on the Website, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Manufacturers/ Seller to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that Esymedi provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Website and the Users must run their own independent check. The Users agree and acknowledge that Esymedi has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale by the Sellers on the Website. The Users agree and acknowledge that it shall not hold Esymedi responsible or liable for any damages arising out of such reliance on third party user generated content by the User.
Consulting a Registered Medical Practitioner
The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind.
You must always consult a Registered Medical Practitioner with any questions or concerns you may have regarding the suitability of any drug offered for sale by the Sellers on the Website, in light of your individual needs and medical conditions. Reliance on any information appearing on the Website, whether provided by Esymedi, its content providers, visitors to the Website or others, is solely at Your own risk, and Esymedi shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the Website. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by You on any information published on the Website, the manufacturers/ Sellers from whom said content is obtained and made available on the Website shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and Esymedi shall have no liability in relation to the same.
Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Website. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.
The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products [including drugs which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner (Prescription Drugs)], offered for sale on the Website by Sellers. In order to purchase Prescription Drugs from Sellers through the Website, the Users are required to upload a scanned copy of the prescription on the Website or email the same to Esymedi. The order would not be internally processed and forwarded to the concerned Sellers by Esymedi until it receives a copy of a valid prescription. The Users are also required to make the prescription available at the time of receipt of delivery of Prescription Drugs.
Esymedi shall maintain a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines.
Substitution of Prescribed Drugs
The Users acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the Registered Medical Practitioner has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the prescribed drug or if the prescription solely lists the salt names instead of a specific brand name.
The User further acknowledges and accepts that, in the absence of the above, the concerned pharmacist would only dispense a substitute drug in place of the prescribed drugs after obtaining suitable permission from the prescribing Registered Medical Practitioner.
Invitation to offer for sale
Transfer of Property and Completion of Sale
Upon acceptance of the Offer by the concerned Seller (being the pharmacist), the drugs/ pharmaceutical products or services would be dispensed at the pharmacy, in accordance with the terms of the order placed by the User. Such dispensation shall also take place under the direct/ personal supervision of the Pharmacist, wherever required under the applicable law.
The User acknowledges and agrees that the property in the drugs/ pharmaceutical products or services ordered by the User shall stand immediately transferred to the User upon the dispensation of drugs (in accordance with Clause 4.10) and the raising of the invoice at the concerned pharmacy. Accordingly, the sale of drugs/ pharmaceutical products is concluded at the concerned pharmacy itself.
The invoice in relation to the drugs/ pharmaceutical products, and services that are required to be delivered to the User shall be issued by the concerned Seller (being the pharmacy) who is to process and satisfy the order for such drugs/ pharmaceutical products, and services.
Delivery of Drugs
User authorizes the transporter/ courier/ delivery personnel to be his agent for delivery of the drug or device from the concerned pharmacy to the address notified by the User. The goods shall be delivered by agent/ transporter/ courier/ delivery personnel, authorized by the user for the delivery of the goods from the concerned pharmacy to the address notified by the User, with no control over the goods and no additional obligation apart from standard delivery obligations and duty of care.
The User further accepts and acknowledges that Esymedi does not engage in the distribution of the concerned drugs or other pharmaceutical products, and may only connect user to third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User.
Compliance of Applicable Law
While communicating/ transacting with Sellers through the Website, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, 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 drugs or pharmaceutical products or 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.
The Users must also ensure that the prescription uploaded on the Website or emailed to Esymedi 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 Sellers or to Esymedi, as a result of any dispensation of Prescription Drugs by the Seller owing to the non-compliance by the User in this regard.
5. Payment, Fees and Taxes
Registration on the Website and the access to the information provided on the Website is free. Esymedi does not charge any fee for accessing, browsing and buying through the Website. The User agrees to make all payments directly to the respective Seller for purchase of goods from such Seller. The Sellers may choose to either personally collect such payment from the Users or may use the services of collection agents duly appointed in this regard. The Users agree and acknowledge that it shall not hold Esymedi responsible for any loss or damage caused to the User during the process, due to any acts or omission on the part of third parties viz. the Seller or the collection agents or for any actions/ omissions which are beyond the control of Esymedi.
You undertake that You shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
- belongs to another person and to which the User does not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
- violates any law for the time being in force;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- is prohibited under applicable law for the time being in force including Drugs Act (read with the Drugs Rules), the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, as amended from time to time and rules made there under;
- Threatens the unity, integrity, defense, 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.
The User is also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any Esymedi Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Esymedi;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the Esymedi Content or other information available from the Website;
- framing or hotlinking or deeplinking any Esymedi Content.
The User accepts and acknowledges that Esymedi does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods made available on their Website, including any guarantee or warrantee that such goods (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Sellers have legal title over the goods being offered for sale by them on the Website. Esymedi also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered.
The User further accepts and acknowledges that Esymedi does not verify any content or information provided by the Sellers/ or obtained from the Manufacturers, and to fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Website, the Services, the Esymedi Content, representations and warranties made by the Sellers or the content or information (provided by such Seller or obtained from the Manufacturers) on the Website or any opinion or suggestion given or expressed by Esymedi or any Seller in relation to any User or Services provided by Esymedi.
The Website may be linked to web pages and content of third parties, affiliates and business partners (collectively,Third Party Content). Esymedi does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that Esymedi shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, quality of such Third Party Content. Inclusion of any link on the Website does not imply that Esymedi endorses the linked site. User may use the links and these services at User's own risk.
Esymedi assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.
The listing of Sellers on the Website is based on numerous factors including User's comments and feedbacks. In no event shall the Protected Entities be liable or responsible for the listing order of Sellers on the Website.
To the maximum extent permitted by applicable law, Esymedi, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (ProtectedEntities), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such protected entity has been advised of the possibility of such damages.
In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Seller to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Seller; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website.
9. Modification of Website
Esymedi reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that Esymedi will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
The provisions of this Agreement shall continue to apply until terminated by either You or Esymedi as set for below:
10.1. If You want to terminate this Agreement with Esymedi, You may do so by:
- not accessing the Website; or
- closing Your accounts for all of the Services that You use.
10.2. Esymedi reserves the right to, at any time, and with or without notice, terminate this Agreement with You if:
- Esymedi is unable to verify or authenticate any information provided to Esymedi by You; or
- Esymedi believes, in its sole discretion, that Your actions may cause legal liability for Esymedi (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
- Esymedi is required to do so by law; or
- if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Esymedi to provide the Services to You; or
- The provision of the Services to you, or to the general public, is in Esymedi's opinion, no longer commercially viable; or
- Esymedi has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
- Esymedi may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring You from further use or access of the Website or of any of the Services.
Once terminated or suspended (temporarily or permanently), You may not continue to use the Website under the same account, a different account or re-register under a new account.
Upon termination of this Agreement, Esymedi shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).
11. Force Majeure
12. Governing Law and Dispute Resolution
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
15. Contact Information
If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at firstname.lastname@example.org