Easymeds has started to serve the people of Telangana with quality medicines at affordable price.

TERMS AND CONDITIONS:

This document (“Terms and conditions”) is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 as amended from time to time, which requires publishing of the rules and regulations, privacy policy and Terms for access or usage of https://www.referral.easymeds.in/ website.

We, at Easymeds (“easymeds”, “we,” “us”) provide services to all individuals accessing or using our licensed retail stores or easymeds platform (“easymeds Platform ”) for any reason (“you”, “yours”, “User”) subject to the notices, terms, and conditions set forth in these terms and conditions (“Terms and Conditions”, “Agreement”), read with the Privacy Policy available here. By accessing or browsing of the easymeds Platform and using the Services (as defined below) you indicate your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the easymeds Platform. The easymeds Platform is a platform that facilitates online purchases by customers of pharmaceutical products like prescription drugs, medical devices, over-the-counter medicines, etc. sold by easymeds through its licensed premises.

1. ELIGIBILITY

When you use the easymeds Platform, you represent that you meet the following primary eligibility criteria:

a. You are at least 18 years old or accessing the easymeds Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.

b. If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material the sale or purchase of which to/by minors is prohibited and which is for consumption by adults only.

c. You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the easymeds Platform.

d. You have not been previously suspended or removed by easymeds or disqualified for any other reason, from availing the Services.

e. Easymeds reserves the right to terminate your membership, if any, and/or refuse to provide you with access to the easymeds Platform if easymeds discovers that you are under the age of 18 years.

f. These Terms and Conditions are published in compliance of, and are governed by the provisions of Indian laws as may be amended from time to time, including but limited to:

i. The Indian Contract Act, 1872;

ii. The Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules 2021, as amended from time to time;

iii. The Drugs and Cosmetic Act, 1940, read with the Drugs and Cosmetics Rules, 1945;

iv. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954;

v. The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;

vi. Pharmacy Act, 1948; and

vii. The Consumer Protection Act, 2019, and Consumer Protection (E-Commerce) Rules, 2020.

2. OUR SERVICES

Through the easymeds Platform, we provide you with the following services (“Services”):

a. Display, advertisement, sale, and delivery of medicines including over-the-counter drugs, other pharmaceutical products, and certain fast-moving consumer goods including cosmetics, private label products and medical devices. (“Products”); and

b. Any other service that is made available on the Platform from time to time. The sale and purchase of Products on the easymeds Platform is solely undertaken by easymeds. By transacting on the easymeds Platform in respect of any Products [or Services], you agree to be bound by these Terms and Conditions and are entitled to enforce any and all available remedies, under contract or law, only against easymeds.

3. YOUR USE OF THE EASYMEDS PLATFORM

By using the easymeds Platform, you expressly agree to be bound by the Terms and Conditions. If you do not agree with any of the Terms and Conditions, please do not use the easymeds Platform. Any accessing, browsing, or otherwise using the easymeds Platform indicates your agreement to these Terms and Conditions, and any other policies or guidelines that may be applicable on the easymeds Platform at the time of your access and usage of the easymeds Platform and which may be updated from time to time.

3.1. Due diligence conditions:

a. You are solely responsible for the medical, health and personal information you provide on the easymeds Platform, and you are requested to use your discretion in providing such information;

b. You will provide accurate and complete information everywhere on the easymeds Platform, based on which you will receive the Services;

c. You will be solely responsible for all access to and use of this easymeds Platform by anyone using the password and identification originally assigned to you whether or not such access to and use of this easymeds Platform is actually authorized by you, including without limitation, all communications and transmissions and all incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you;

d. The information provided by you may be used by us for the purpose of Services including analysis, research, training and disclosure (where required) to our affiliates, group companies, vendors, agents and government authorities, etc. as stated in our privacy policy;

e. We reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions; and

3.2. Scope of Services:

a. Easymeds sells products in various categories such as medicines, medical devices, vitamins and supplements, baby food, personal care, health foods and over-the-counter drugs, to end customers through its licensed premises. easymeds does not sell any drugs listed in Schedule X of the Drugs and Cosmetics Act, 1940 as amended from time to time on the easymeds Platform; and

b. Easymeds engages in retail sales to end customers through both offline and online channels, i.e. through its licensed premises. The easymeds Platform will display the inventory of products available in easymeds stores, based on the pin code entered by you on the easymeds Platform.

3.3. Delivery and Charges Policy:

a. Easymeds endeavors to carry out deliveries during and within such time period as communicated on our easymeds Platform and various communication channels. Our services are offered on a best-effort basis, and as such we do not provide any guarantee of the exact delivery time, which despite all our efforts, may vary from order to order, due to certain factors including but not limited to operational disruptions owing to shortage of products and manpower, strikes, lockouts, official control measures, inevitable delays by our suppliers, rider unavailability, public holidays, product unavailability/shortage, date of delivery, time of delivery, area of delivery, distance from the hub, customer demand, traffic, sudden breakdown of delivery vehicle, weather conditions, force majeure events specified below and/or any other unforeseen reasons beyond our control;

b. Easymeds does not make any representation, guarantee or warranty in relation to the delivery time as the estimated delivery time may be changed and there could be delays for reasons including but not limited to as set out in above clause 3.3.4.a ;

c. Easymeds shall endeavor to deliver the order at the delivery address as provided to us while placing the order on our platform. However, any interruption or disruption caused in delivery due to any incorrect details provided to us on the easymeds Platform shall not be our responsibility and any resultant losses/damages caused shall be your sole responsibility and will not be attributable to us in any manner whatsoever;

d. Notwithstanding your request to leave your order at your doorstep or elsewhere, such request cannot be complied with and easymeds shall not be responsible to deliver your order if no one is available to receive the same at the delivery address, inasmuch as it could lead to theft, tampering, spoilage, contamination etc. Easymeds shall not be liable for non-delivery or any losses/damages arising from the same in the given case scenario and any losses/damages caused by such circumstances shall be solely borne by you;

e. You shall undertake to provide accurate directions, information and authorizations to accept delivery of your order. Due to your failure to comply with the same, if the order stands undelivered, the order shall be deemed to have been delivered to you and all the risks and responsibilities in relation thereto shall pass on to you;

f. As part of easymeds’s best endeavor to deliver all orders within the promised delivery timeline, our rider may connect with you via mobile or internet call to identify the exact location of delivery. However, in the event you do not pick up the call or the call on the given number does not get connected at the first instance, for any reason whatsoever, the promised delivery timeline shall stand no longer applicable, without prejudice to the fact that the promised time is only an approximate measure of delivery time;

g. The delivery charges associated with each of your purchases will be displayed on the checkout page once you place an order on the easymeds Platform. Any other applicable charges will also be displayed at the time of purchase and will be payable accordingly;

h. Cash on Delivery (“COD”) is a payment method by which you can pay for your ordered item(s) in cash when easymeds delivers the orders to you at your delivery address;

i. If you do not own a credit or debit card or do not wish to pay online, rather than making any advance online payment, easymeds COD option gives you the flexibility to pay the complete order amount on delivery through a point-of-service terminal or through cash as the case may be;

j. In the event you choose to pay for your order via COD mode, the riders shall have the right to refuse delivery of your order if you fail to make the complete payment at the time of delivery. In that case, easymeds shall not be liable for any losses or damage arising from non-delivery of the order and the same shall be your sole responsibility;

k. You will be informed once the order is confirmed and when the items are shipped with an update on the approximate delivery time;

l. Easymeds makes its best efforts to ship each item in your order within the approximate delivery time intimated to you at the time of placing the order. However, in some cases, it may take longer to ship the order as we may have to procure it from some other stores or our suppliers. In the unlikely event that easymeds is not able to ship your order completely within 36 hours of the order, we shall cancel the remaining unshipped part of the order, and send you a communication informing you about the same. In such cases, your payment against the unshipped part of the order shall be refunded, in the manner you have made the payment, in accordance with the easymeds Payment, Returns, and Refund Policy;

m. All applicable refunds will be processed in accordance with the easymeds Payment, Returns, and Refund Policy available on our easymeds Platform;

n. Delivery time periods specified on our platform shall always be non-binding under all circumstances in as much as delivery is a sum total of multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond our control;

o. To put forth its best efforts to deliver the order effectively and within the promised timeframe, both internal and third-party entities are engaged by easymeds to carry out deliveries with strict Standard Operating Procedures. Please note that third-party services will be governed by their own terms of service and other policies applicable to the corresponding third party and we have no control or connection to it whatsoever and we make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to the services of the third party; and

p. Easymeds does not make any inter-state deliveries of medicine. Inter-state delivery of medicines is fulfilled through external delivery partners. easymeds may also engage external delivery partners for certain inter-city and local deliveries. Any delay, loss, harm, theft or damage arising from the shipping of products by the external delivery partner is the sole liability of the external delivery partner. easymeds shall not be held liable for the actions of the external delivery partner in any way whatsoever.

3.4. Medicine Delivery Policy:

a. You are required to upload a scanned copy of the valid prescription on the easymeds Platform which is issued by the RMP for all medicine orders, apart from when the law permits dispatch of medicine without a prescription. The order would not be processed by easymeds until it receives a copy of a valid prescription;

b. You shall not upload any prescription more than once unless the prescription is re-prescribed by the RMP, failing which you will face consequences as prescribed under the applicable laws;

c. The dispensation of the medicine shall take place under strict supervision of the qualified and registered pharmacist;

d. You agree and consent to the particulars of your prescription will be recorded by easymeds in accordance with its obligations under applicable laws;

e. You may be required to display the prescription, whether offline or online, for the purpose of record keeping by easymeds, at the time of picking up medicines or accepting delivery of medicines through an online order; and

f. Easymeds will have a right to reject (either fully or partially) your Order, in case it is found that the prescription shared by you is not as per the relevant applicable statutory requirements and same shall be informed to you through various communication channels.

4. PROHIBITED CONTENT

a. You shall not upload to, distribute, or otherwise publish through the easymeds Platform, the following Prohibited Content, which includes any content, information, or other material that:

b. belongs to another person and which you do not own the rights to;

c. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;

d. is hateful, racially or ethnically objectionable, disparaging of any person;

e. relates to or seems to encourage money laundering or gambling,

f. harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights;

g. violates any law in India for the time being in force;

h. deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

i. communicates any information which is grossly offensive or menacing in nature;

j. impersonates another person;

k. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order;

l. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

m. incites any offence or prevents investigation of any offence or insults any other nation;

n. is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of AHEL or any other Apollo group company or affiliate who you may interact with for availing Services; and

o. is not relating to the medical consultation or relating to any of the Services you avail from us.

You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and/or immediately terminate your access to the Services and/or to the easymeds Platform.

5. INDEMNITY

a. By using the easymeds Platform and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold easymeds, its affiliates with respect to any claims, losses, costs, charges and expenses including reasonable attorney fees that the concerned indemnified persons may suffer on account of your breach of these Terms;

b. your use of the easymeds Platform and/or the Service;

c. incorrect or inaccurate credit/debit card details provided by you;

d. you using a credit/debit card which is not lawfully owned by you;

e. you permitting a third party to use your password or other means to access your account;

f. your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the easymeds Platform and/or the Service;

g. you providing a false, forged, unauthorized or manipulated prescription; and

h. any action taken by easymeds as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.

6. LIMITATION OF LIABILITY

By using our Services, you confirm that you understand and agree to the following:

a. To the extent permitted by applicable law, easymeds or its affiliates or will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:

i. These Terms and Conditions and Privacy Policy;

ii. Your use or inability to use the easymeds Platform; and

iii. Your use of any third-party services you contacted through the easymeds Platform.

b. Easymeds does not warrant that the easymeds Platform or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in materials or Service available through the easymeds Platform.

c. Although easymeds takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the easymeds Platform, easymeds does not represent or warrant that the easymeds Platform, or the Service or Products or materials that may be made available through the easymeds Platform are free from such destructive features. easymeds is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.

d. To the extent permitted by law, easymeds shall not be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, revenue, contracts, anticipated savings, goodwill or wasted expenditure, business interruption, loss of programs or other data on your information system or any other indirect or consequential loss), even if easymeds has been advised, knew, or should have known of the possibility of such damages, arising out of or related to:

i. your use of or reliance on the easymeds Platform, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the easymeds Platform

ii. your provision of information, personal or otherwise, to easymeds;

iii. the provision of Services by easymeds;

iv. acts or negligence on the part of easymeds, its agents or employees; and

v. Errors, delays or deficiencies in services or theft or damage of Products, attributable to third parties who assist easymeds such as delivery partners.

e. To the fullest extent permitted by law, easymeds disclaims and excludes all warranties and representations, express, implied or statutory, with respect to the easymeds platform or easymeds’s services, or with respect to the accuracy, currency or completeness of the information provided by easymeds, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property right. The easymeds platform, including, without limitation, all content, information and links contained therein, is provided “as-is” without any warranty that it will be uninterrupted or error free. You expressly agree that your use of this easymeds platform is at your sole risk.

f. Notwithstanding anything herein to the contrary, easymeds aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the easymeds Platform, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) or Services in respect of one incident or series of incidents attributable to the same cause.

g. Easymeds reserves the right to refuse Service, terminate accounts, remove or edit content, or cancel orders anytime at their sole discretion.

h. No claims or action arising out of, or related to, the use of the easymeds Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

i. We have selected the Products on the basis that they will be used for personal use only. If you are planning to use them for business purposes you are advised to make sure that you are covered by a proper insurance plan. Where you decide to use the Products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question. In relation to business users, we do not accept liability for the fitness of Products for business purposes, nor do we accept liability for loss of use of the Product, nor any loss over and above the cost of the Products in the event of a claim for breach of warranty or condition.

This section shall survive the termination of this Agreement and the termination of your use of our Services or the easymeds Platform.

7. DATA & INFORMATION POLICY

We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our privacy policy

8. OTHER CONDITIONS

Please note that your payments are processed in accordance with applicable law and you may refer to our Easymeds Payment, Returns, and Refund Policy for details. By using our Services, you further confirm that you understand and agree to the following:

a. That you will use the services provided by easymeds, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the easymeds Platform and transacting on the easymeds Platform.

b. You will provide true, accurate, complete and current information in all instances where such information is requested of you. easymeds reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), easymeds has the right in its sole discretion to reject the registration and debar you from using the Services of easymeds and / or other affiliated websites without prior intimation whatsoever.

c. That you using your best and prudent judgment before entering into any transaction through this easymeds Platform doing so at your sole risk.

11. AMENDMENTS

We may from time to time update or revise these Terms and Conditions. Every time you wish to use the easymeds Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time.

12. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract including any delay or failure to deliver Products when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

a. Strike, lockout or other forms of protest;

b. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;

c. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;

d. Inability to use public or private transportation and telecommunication systems; and

e. Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.

Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

13. TERMINATION

a. We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions; and

b. For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.

14. APPLICABLE LEGISLATION AND JURISDICTION

The use of our easymeds Platform and the contract between you and easymeds shall be governed by the laws applicable in India, without regard to the conflict of law rules. Any dispute relating to the use of our Services will be only resolved exclusively in the Courts at Hyderabad, India but not in any other Court.

15. CONTACT US

If you have any comments, queries, or grievances regarding the Services, Terms and Conditions, and Privacy Policy, you may contact PB sriram, our Customer care Officer at customercare@easymeds.in or 9966242407.