Tearms Of Service | Doct-Rx Pharmacy

TERMS OF USE

Thank you for visiting our application/ website (the “Platform”). The Platform is owned and operated by DOCT-RX PHARMACY, a company incorporated under Companies Act, 2013 whose registered office is at c/o Vishwajyothi Medicals, HLK road, Chitradurga, Karnataka, 577501. Doct-Rx we, our, us which expression shall, unless it be repugnant to the context or meaning thereof, include our successors and assigns.

Your access or use of this Platform, any transactions undertaken, and any services availed through the Platform are governed by the terms of use provided herein (the “Terms”). Alongside, our privacy policy forms an integral part of the Terms. The Terms are intended to create a binding contract between you and Doct-Rx.

You are required to express your consent to these Terms before you access or use the Platform, directly or indirectly through social media platforms like Facebook, Twitter, Google+ and other similar social forums (the “Social Media”).

We reserve the right to amend the Terms herein, in whole or in part, from time to time and provide notice to you upon such amendment. Your continued use of the Platform, post any update to the Terms would mean your acceptance. If you do not agree to such amendments, you must contact us at( support@doctrx.com).The amended Terms shall be made available on the Platform promptly, and hence, you are required to review the Terms periodically to keep yourself aware and up to date.

These Terms include:

Eligibility of users

How to use?

Services

Special terms for special Services

Why do we collect some information?

Data protection & Privacy

Payment

User conduct

Proprietary rights and license

Availability of the Platform

Reviews & feedback

Disclaimer of warranties

Limitation of liability

Indemnification

Termination

Governing law & dispute resolution

Severability & waiver

PLEASE READ THE TERMS OF USE AND REFERRED POLICIES CAREFULLY BEFORE YOU CONTINUE USING PLATFORM IN ANY MANNER. YOUR CONSENT IS REQUIRED TO THESE TERMS OF USE, WHICH UPON CONSENT WILL BE A BINDING CONTRACT BETWEEN YOU AND DOCT-RX PHARMACY. IF YOU DO NOT WISH TO CONSENT, YOU ARE ADVISED NOT TO USE THE PLATFORM. IF YOU DO NOT CONSENT BUT CONTINUE TO USE THE PLATFORM, AN IMPLIED CONSENT SHALL BE INFERRED FROM YOUR ACTION OF USING THE PLATFORM.

I UNDERSTAND THAT THE TERMS OF USE AND THE PRIVACY POLICY GOVERN MY USE AND/OR ACCESS OF THE PLATFROM AS A LAWFUL CONTRACT, BINDING AND ENFORCEABLE ON ME, AND I HEREBY ACCEPT AND CONSENT TO BE GOVERNED BY THESE TERMS OF USE.

Eligibility of Users

In order to access, use, browse, view or perform any activities on the Platform, you must be above 18 years of age, and competent to contract in terms of the Indian Contract Act, 1872. By accessing, using, browsing, or performing any other activity on the Platform, you hereby agree and represent that you are of a legal age and competent to enter into a contract under the Indian Contracts Act, 1872 or you have the permission of your parent and/or guardian to do so.

How to use?

For using the Platform, you will be required to create a unique user id and password. You must ensure that the unique id and password are at all times kept confidential, and not disclosed to any third party without your free consent. We do not allow multiple users to use the same user id and password.

During registration, you will be required to provide the following personal information:

Name

E-mail address

Address

Gender

Age

Phone number

User ID and password that you create

Payment information if required

Other information as relevant or as you may voluntarily provide

You are responsible for all activities that occur through your account and consequence thereof. If there is reason to believe that there is likely to be breach of security or misuse of your account, or breach of your privacy, we have the right to suspend it without any liability for such duration as we deem fit.

You undertake that the id and password shall be used by you or anyone who is authorized by you such as your primary caretaker. Where someone else logs in using the unique id and password, we will deem such person is authorized by you to access your profile, process your personal information, and is of legally competent age.

You undertake that you will provide accurate and complete information for registration, maintain, and promptly update your information, maintain security of your account, and promptly write to us if you anticipate or become aware of a security breach.

Accessing through Social Media?

You may access the Platform and avail some Services (as defined below) using Social Media accounts, in which case these Terms along with terms of use and privacy policy of respective Social Media shall also be applicable to you. Further, we shall not be responsible for any kind of transmission, publication of any of your information on any such Social Media.

Services

Platform enables you to avail certain services, some of which are provided by DOCT-RX PHARMACY and some by third parties (Services):

provide an intermediary platform for interaction and commercial transactions between you and third-party service providers in healthcare ecosystem

online purchase of pharma products offered and sold by third party pharmacies

ordering for and availing diagnostics, testing and laboratory services offered and sold by third party labs/diagnostic centers

online telemedicine consultancy services offered by registered medical practitioners

ordering and availing healthcare services from third party healthcare institutions such as clinics, nursing homes, hospitals

facilitating online payments for availed services through third party payment gateway

hosting of information on third party service providers, health and wellness matters, and other allied aspects for information purposes

facilitating advertisements and promotion of third-party services as described above by the third party service providers

Third parties referred above who are providing services using Platform are hereinafter referred to as “Third Party Service Providers”.

You understand and agree that Doct-Rx is merely providing hosting and intermediary services. Except as otherwise provided in these Terms, we have no control over the accuracy, sufficiency, fitness, professionalism, competency and quality of Services provided by Third Party Service Providers, which at all times be the sole responsibility of the Third Party Service Providers. They are solely responsible for obtaining necessary permits, providing correct information about themselves and Services offered on the Platform, maintaining resources and infrastructure required, comply with applicable laws, and perform the offered Services upon conclusion of a transaction. You agree that we shall have no liability on this count.

We act as a technology enabled service provider and as such when you avail Services from Third Party Service Providers, you agree that a separate contractual relationship is created between you and such Third Party Service Provider. Such contract by conduct does not supersede the Terms contained herein as the same is enabled through the Platform, and will apply to you as well as the Third Party Service Provider. We do not make any representation or warranty, express or implied for the Services provided by Third Party Service Provider, and are not responsible for non-performance of deficient performance of Services.

Listing of the Services on the Platform is an invitation to an offer for sale. When you choose to avail a Service, it constitutes an offer from your end to enter into a contract with Third Party Service Provider. Thereafter, the Third Party Service Provider must accept your offer for the transaction to proceed further. For this acceptance, Third Party Service Provider will abide by its own internal processes and applicable law. Until such time, there is no contract between you and the Third Party Service Provider. Reference to “offer for sale” or “offer and sale” in these Terms will only mean “invitation to an offer”. No liability can be ascribed to Doct-Rx for refusal by the Third Party Service Provider to enter into a contract with you.

Special terms for special Services

Online pharma products and allied services

When you avail services of online purchasing of pharmaceutical products offered and sold by Third Party Service Providers, your transaction is governed by the following:

Platform merely facilitates the transaction by providing hosting services.

Items offered for sale and content are made available by the Third Party Service Provider, and we do not control it, neither do we originate or initiate transmission or decide recipients of the transmission.

Third Party Service Provider is responsible for ensuring that descriptions, advertisements, promotion and any other content concerning offered pharma products and services is accurate, precise, not misleading and are descriptive of the actual condition of the involved goods and services.

Third Party Service Provider is responsible for authenticity, utility, fitness, quality and genuineness of pharma products and allied services.

Commercial terms such as price, shipping and delivery charges, payment methods and related terms, delivery means, warranties, after sale services are provided by Third Party Service Provider and we are not involved in these aspects.

If you are purchasing a pharma product which under law can only be sold based on a valid medical prescription from a Third Party Service Provider, you shall upload a legible and scanned copy of the prescription on the Platform. You must keep the original handy which needs to be physically shown at the time of delivery. Without this, your order for prescription drugs cannot be routed or processed.

For prescription drugs, the Third Party Service Provider shall verify the accuracy of the prescription, and if there are discrepancies, which will be determined by the Third Party Service Provider at its discretion, your order shall be cancelled.

Your order for substitute of a prescription drug shall only be processed if there is specific mention of generic drug in the prescription and not otherwise.

When your offer to purchase is accepted by the Third Party Service Provider, the purchased pharma product and allied services shall be dispensed at the brick and mortar premises of the Third Party Service Provider under the supervision of the pharmacist in such store. Sale is not concluded upon delivery but once the order is accepted.

An invoice will be processed by the Third Party Service Provider to conclude this sale, after which delivery will take place.

Property and title in the ordered pharma products is transferred to you when the order is accepted and invoice is generated.

To fulfill delivery, you agree to appoint an individual as your agent who will collect the purchased pharma product from the Third Party Service Provider on your behalf and deliver it to your designated address.

We do not make any representation or warranty, express or implied regarding legal title, quality, efficacy, utility, functionality, fit for consumption, or other attributes of the pharma products and allied services.

We do not control or possess the inventory. Third Party Service Provider is responsible of maintaining adequate stocks and timely performing the contract with you.

We do not assume any liability in contract, tort or equity for pharma products and allied services which are at all times with the Third Party Service Provider.

We are not responsible for any unsatisfactory, delayed, non-performance or breach of the contract that you enter with the Third Party Service Provider.

We are not responsible for obtaining any licenses or permits for the contract concluded between you and the Third Party Service Provider for the pharma transaction.

We shall not mediate or resolve any dispute with respect to the transaction that you conclude with the Third Party Service Provider. If you make a written request after the transaction, we will put reasonable efforts to provide details of the Third Party Service Provider which will include the following: address of headquarters, its branches (if any), name and details of its website, e-mail address, and other available information provided it is necessary for dispute resolution between you and the Third Party Service Provider.

Diagnostics, testing and lab services

Platform merely facilitates the transaction by providing hosting services

Sample collection, testing, report generation, managing personal information contained in such reports, providing other related services for diagnostics and testing is controller and conducted by the Third Party Service Provider such as labs, centers, hospitals, etc.

Third Party Service Provider shall be liable for its dealings, interaction, and delivery of Services to you.

Services offered for sale and content are made available by the Third Party Service Provider, and we do not control it, neither do we originate or initiate transmission or decide recipients of the transmission.

Third Party Service Provider is responsible for ensuring that descriptions, advertisements, promotion, and any other content concerning testing, diagnostics, and allied services is accurate, precise, not misleading and are descriptive of the actual condition of the involved goods and services.

Third Party Service Provider is responsible for authenticity, utility, fitness, quality, and genuineness of the Services.

Commercial terms such as price, time, and formality of sample collection, required documentation, payment methods and related terms, format of reports, and other connected services are provided by Third Party Service Provider and we are not involved in these aspects.

Third Party Service Provider is responsible for deploying personnel who are qualified and trained phlebotomists, healthcare workers, nurses and other similar personnel to perform and fulfill the Services

We do not assume any liability in contract, tort or equity for performed Services which are at all times with the Third Party Service Provider.

We are not responsible for any unsatisfactory, delayed, non-performance or breach of the contract that you enter with the Third Party Service Provider.

We are not responsible for obtaining any licenses or permits for the contract concluded between you and the Third Party Service Provider for the Services.

Online telemedicine and telehealth consultancy

Platform merely facilitates the transaction by providing hosting services.

We are not engaged with you in a doctor-patient relationship. We do not provide any telehealth services.

Medical experts or healthcare experts who are the Third Party Service Providers in this context are independent professionals, and we do not employ them or engage them as our agents. They are not our representatives, and we are not directly or indirectly liable for the Service that they provide.

Telemedicine services are not a substitute for in-person consultation. You avail these Services out of your own volition and please note that you must rely on in person consultations before making choices about your healthcare.

Telehealth service are all other services which do not amount to doctor patient consultation but have a nexus with your health and wellbeing. You avail these Services at your own risk and out of your free will. We do not endorse or promote or advertise any particular Service.

While availing this Service, you will comply with the requirements prescribed by the Third Party Service Providers, your physician alongside the requirements as stated herein..

Merely because you have requested a consultation or made payments to the Third Party Service Provider, there is no assurance that Services will be provided to you if the Third Party Service Provider believes that the information provided by you or your physician is incorrect, or there is a need for physical examination, or you have not provided your free and informed consent, or further diagnosis, or in exercise of their discretion, they determine that the case is not befitting for telemedicine consultation.

In such case, you shall have no claims or cause of action against us, and any and all action including breach of patient privacy, inaccuracy of your personal data, refund of amounts paid, non-performance of Services shall be the responsibility and liability of the Third Party Service Provider.

E-prescriptions provided in course of these Services may not be considered as a valid prescription under applicable law, and may not be fruitful for dispensation of drugs prescribed. We assume no responsibility in such instances

Certain kinds of consultation, diagnosis and treatment services cannot be provided by Third Party Service Providers in accordance with applicable law. The Services are not for use in emergencies or for critical health situations. They are not meant for any consultation that requires in-person meeting with a registered medical practitioner and you must seek immediate medical advice and will be responsible for any consequences arising for delay or neglect or wrong choices made.

You are responsible for your dealings and interactions with Third Party Service provider and we shall not be liable in any manner.

Exchanges with medical experts through chat or over telephone or video calling features and e-prescription would be accessible to Doct-Rx for monitoring use of the Platform and enabling the Services.

You understand that medical consultation requires a variety of information including your existing medical conditions, history, medications, and physical diagnosis. These may not be available to the Third Party Service Provider and this could affect the Services, and it is your responsibility to provide all details as required by the Third Party Service Provider.

Services will be provided relying on information that you have provided.

We do not recommend or endorse any Third Party Service Provider, tests, procedures, opinion or other information for these Services. Reliance on any information hosted on the Platform is at your own risk.

We do not assume any liability in contract, tort or equity for performed Services which are at all times with the Third Party Service Provider.

We are not responsible for any unsatisfactory, delayed, non-performance or breach of the contract that you enter with the Third Party Service Provider.

We are not responsible for obtaining any licenses or permits for the contract concluded between you and the Third Party Service Provider for the Services.

We shall not mediate or resolve any dispute with respect to the transaction that you conclude with the Third Party Service Provider. If you make a written request after the transaction, we will put reasonable efforts to provide details of the Third Party Service Provider which will include the following: registration number, address of headquarters, its branches (if any), name and details of its website, e-mail address, and other available information provided it is necessary for dispute resolution between you and the Third Party Service Provider.

Why do we collect and process some information?

When you avail the Services or access/use the Platform, we may need to access your specific data including personal data, identity information, contacts, device ID, payment details, financial and health data, etc. Information provided by you during the registration process and thereafter, helps rendering of Services, offer relevant content, customer service and network management, and all such information shall be used and accessed as per the terms of Doct-Rx ’s Privacy Policy. We store personal information including sensitive personal information such as your health and financial information by employing adequate security measures as required under applicable law.

Data protection & privacy

Your personal information supplied to us while using the Platform or availing the Services shall be used by us in accordance with our Privacy Policy. You must review our Privacy Policy which forms an integral part of these Terms before you continue to use or access the Platform.

Payment

Registration on the Platform is free. We may charge a subscription or facilitation fee for use and access of the Platform, which must be paid online through the payment facility on the Platform. These fees are non-refundable.

Any payment made for availing Services must be in Indian Rupees.

You understand and agree that the payment facility provided on the Platform is not banking or financial service, and Doct-Rx is merely a facilitator to provide an online payment facility for the transaction on the Platform using existing third parties such as authorized banking infrastructure, credit card payment gateway networks, wallets, etc.

For Third Party Services, all payments are made directly to the Third Party Service Provider, and we do not charge anything for you to browse the Services through the Platform. Third Party Service Provider may choose to collect the payment personally or through collection agents.

All fees and payments are exclusive of applicable taxes, and you and the Third Party Service Provider shall be solely responsible for payment, legal compliances, and reporting under applicable law. We are not responsible for those taxes which are your legal obligation.

Refund, or return, or cancellation of orders places are decided as per the Doct-Rx refund and return policy , which forms an integral part of the Terms, and you must make yourself aware of such terms before performing any transaction on the Platform.

We act as Third Party Service Provider’s payment agents for the limited purpose of accepting payments from you for the Services availed. We are responsible only for remitting such amounts to concerned Third Party Service Provider, and we are not liable for any amount that you may be charged by your bank regarding the transactions. Any claim for unauthorized deductions, refund, partial or total shall be between you and the Third Party Service Provider, and we are not responsible for any such claims.

We shall not be responsible or assume liability in respect of any loss or damage directly or indirectly arising to you while availing any payment methods including any due to lack of authorization for any transactions, payment issued, pre-set limits with banks, declined transaction, etc. We are not acting in any fiduciary or trustee capacity because we facilitated your payment. While third party payment gateway or your bank processes payment transactions, they are privy and process your personal information, and such processing will be solely their responsibility and we are not liable for any breach or harm or unauthorized use of personal information of any kind by such payment gateway or bank.

User conduct

You agree that

you have reviewed and understood the Terms including the Privacy Policy and refund and return policy and expressly consented to the terms therein;mall information provided by you is true, accurate and complete in all aspects; you will not allow any third party to use the Platform or Services in any manner on your behalf;

you will immediately notify us of any unauthorized use of the Platform by any person using your device or your details or any other breach of security; you shall not use the Platform to use or share any information on the Platform that: belongs to another person and to which you do not have any right to access or use; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

harms minors (i.e., below 18 years of age) in any way;

infringes any patent, trademark, copyright, or other proprietary rights;

violates any applicable law for the time being in force;

is deceiving or misleading to any message or communication addressee about the origin of such messages or communicates information which is grossly offensive, menacing, or illegal in nature;

impersonates another person;

contains software viruses, or other computer codes, files, programs, malwares, bugs, trojans, designed to interrupt, destroy, limit the functionality of any computer resource or hack, gain illegal access, or steal data and information on computer resource; and/or

threatens the unity, integrity, defence, security, or sovereignty of India, its friendly relations with foreign states, or public order, or causes incitement to commission of any offence or prevents investigation of any offence, or is insulting of any nation.

you are accessing and using the Platform and/or the Services at your sole risk and are using your best and prudent judgment before accessing and using the Services and/or the Platform;

the terms of agreement with your respective mobile network provider or internet service provider shall apply while accessing the Platform; as a result of this, you may be charged by the concerned mobile network provider or internet service provider for using network connection, and you agree to pay such charges, as applicable, when you access the Platform;

we may update, revise, modify, delete, amend, or withdraw any feature, content, options, page, data hosted on the Platform without any prior notification to you, and you hereby consent to the same;

you are availing the Services with your free consent and with full knowledge of the inherent limitations;

you have consented with your free will and with all information that your personal information will be shared with third parties, which consent also allows transfer and storage of your sensitive personal information outside the country.

Proprietary rights and license

All content and materials, including, but not limited to description of Services, images, text, illustrations, designs, icons, photographs, names, logos, design marks, slogans, programs, software, music clips or downloads, video clips and written and other proprietary information (including page layout, or form) that are part of the Platform (the “Content”) are intended solely for personal, non-commercial use.

The Content is provided by us and you acknowledge that we and/or our affiliates and Third Party Service Providers are the sole and absolute owners of any proprietary right in the Content; and except as expressly authorized in these Terms, you shall not use, access, distribute, modify, copy, transmit, display, reproduce, license, create derivative works from, transfer, reverse engineer, or deal otherwise with the Content.

Any attempt to decompile, or reverse engineer, or to remove any proprietary declarations such as copyright, trademark from the Content, is strictly prohibited and will be considered as unauthorized use of the Content resulting in deregistration and debarment from accessing the Platform.

Availability of Platform

We will use reasonable efforts to make the Platform available at all times.

However, you acknowledge that the Platform and/or the Services may not be available due to reasons outside our control such as, without limitation, while under maintenance, limited internet or connectivity due to the services rendered by mobile service provider, etc. In such an event, you shall not hold us liable, including but not limited for any direct or indirect loss.

Reviews & feedback

We shall have proprietary rights over any review, comment, feedback, suggestion, complaint and other submission disclosed and submitted by you on the Platform (except any personal information), or otherwise disclosed and submitted in relation to the Services on any media including Social Media (the “Feedback”); and we shall have worldwide rights, titles and interests in all copyrights and other intellectual properties in such Feedback.

You expressly assign all proprietary rights including copyright in Feedback to us without any limitation and restriction as to use or ownership, without payment of any compensation. Thus, we shall exclusively own all such rights and titles, and use, reproduce, disclose, modify, adapt, create derivative works from, monitor, remove, edit, delete, publish, share in the Feedback and shall be entitled to use such Feedback in any way, commercial or otherwise.

You agree that we are under no obligation to maintain confidentiality of any Feedback, to respond to any Feedback, nor shall your Feedback cause violate the Terms or any right of any third party (including copyright, trademark, privacy or other personal or proprietary right(s)) and not cause injury to any person or entity.

Disclaimer of warranties

The Services provided on the Platform are provided on “as is” and “as available” basis. We do not make any representation or warranties in respect of the Third Party Service Provider or the intermediary services or the Platform whatsoever, and absolutely none for the Services provided by Third Party Service Providers.

Limitation of liability

In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from

the use or the inability to use the Platform and/or the Services and/or the Content; unauthorized access to or alteration of your transmissions or data; any unauthorized, indecent, defamatory, false, seditious content uploaded or posted by anybody else, including audio-visual content infringing any third party’s intellectual property rights;

any non-performance of deficit performance of Services provided or availed by you from Third Party Service Provider;

any consequence which is not caused by any action or omission on our part.

This will survive termination of these Terms.

Indenification

You agree to indemnify and hold us and (as applicable) our affiliates, partner organizations, officers, directors, agents, and employees, harmless from all losses, liabilities, claims, demands or expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon), asserted against or incurred by us that arise out of, as a result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms, your violation of any law, or violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of these Terms. Accordingly, we hereby disclaim any warranties of Services or otherwise provided by the Third Party Service Providers and any issues of deficiency of Services of Third Party Service Providers shall be taken up by you directly with the Third Party Service Provider.

Termination

We reserve the right to suspend or terminate your access and use of the Platform, or any Service if we believe, in our sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.

If we terminate access to the Platform, or any Service, we may, at our sole discretion, delete any and all of your content or other related data, information and materials and we will have no liability to you or any third party for doing so.

Governing law and dispute resolution

The present Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by mediation under the aegis of Odisha High Court. If the parties fail to mediate within 3 months from the date of a dispute as notified by a party in writing to the other, the dispute shall be adjudicated by competent courts in Bhubaneshwar, Odisha, India.

Severability & waiver

In case of non-compliance of these Terms, we reserve the right to take necessary action including but not limiting to termination of the Terms, and appropriate legal actions. Our failure to enforce any right or provision under these Terms will not be considered as waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining clauses of these Terms will continue to be binding and remain in effect. These Terms constitute the entire agreement between you and us regarding use of the Platform and the Services, and supersede and replace any prior agreements we might have with you.

If you have any questions about these Terms, please contact us at info@doctrx.com or write to us at Doct-Rx , c/o Vishwajyothi medicals, HLK road, Chitradurga, Karnataka -577501

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