The following terms and conditions including any applicable policies that are incorporated herein by reference, govern your access to or use of the website, any transactions you make thereon, and your use of the services remotely hosted or managed through the website.
XenMeds have a legally valid and enforceable relationship with each other through these Terms of Use.
You agree to be bound by these Terms of Use by accessing, browsing, or engaging in any other activity on the Website or using any Services.
Additionally, by implicitly or explicitly agreeing to these Terms of Use, you also agree to be bound by Our policies, including the Privacy Policy as well as any other rules, guidelines, policies, terms, or conditions that are necessary to comply with applicable laws in India and other jurisdictions in order to access, browse, or conduct business on the Website, or use any of the Services.
The alternative terms and conditions of use and privacy policy may apply to you if you leave the Website and visit a third-party website, as may be mentioned on that website. In such case, Your use of the website will be governed by the terms and conditions of use and privacy statement that are relevant to that website.
The Website is a platform that enables :-
The online purchase of pharmaceutical products sold by various third-party pharmacies (referred to as “Third Party Pharmacies”) and by the Company,
the diagnostic services provided by various third-party diagnostic centers
the provision of online medical consultation services or second opinions by third-party independent doctors.
Additionally, the website acts as a platform for providing users with access to health and wellness-related information . The company also sells pharmaceutical products through the website.
All of these services are referred to as “Services” collectively.
The Services are provided to You in a variety of ways, including the issuance of discount coupons and vouchers that can be redeemed for different products and services made available for purchase by the appropriate Third Party Service Providers.
XenMeds will send you promotional information, such as emails, alerts, and messages, to make it easier for you to interact with Third Party Service Providers through the Website.
You agree and recognize that the Website serves as a venue for you and third-party service providers to connect and conduct business with one another. XenMeds cannot and will not participate in any transaction between You and the Third Party Service Providers, except as may be expressly permitted in these Terms of Use.
These Terms of Use, as well as any other rules or policies on the website, such as the Privacy Policy, are subject to modification at any time and at XenMeds sole discretion. You renounce all rights to object to any changes or updates, which become effective straight away after being posted on the website. You might need to be given special notice of such revisions, but we will still let you know about them at least once a year. You should often examine these Terms of Use and any other policies that may be relevant in order to be aware of the rules that govern your use of the website since doing so will signify that you agree to them moving forward.
In order to use or access the website in any form, you must be 18 (eighteen) years of age or older. By accessing or accepting these Terms of Use, you represent to XenMeds that You are at least 18 (eighteen) years old, have the capacity and power to use the website, and have the right, authority, and capacity to agree to and abide by them.
To use the Website’s material, including browsing, using, ordering, receiving, delivering, and communicating exclusively in accordance with these Terms of Use, You must have permission from XenMeds. The information on the Website, including all text, copy, audio, video, photographs, illustrations, graphics, and other visuals , as well as all logos, button icons, software code, design, and the collection, arrangement, and assembly of content, is provided by Third Party Service Providers. Together, these elements are referred to as Third Party Content and XenMeds Content.
The XenMeds Content is XenMeds’s property and is shielded by copyright, trademark, and other relevant laws. You may not alter the XenMeds Content in any way, nor may you copy, present, publicly perform, distribute, or utilize it in any other manner for private or business benefit.
You would have a personal, non-exclusive, non-transferable, and restricted right to access and use the Website upon compliance with these Terms of Use.
In accordance with the IT Act and the rules made thereunder, as applicable and as updated from time to time, these Terms of Use are an electronic record. There are neither physical nor digital signatures necessary for this electronic record because it is produced by a computer system.
ELIGIBILITY
You must register, in accordance with the XenMeds procedure set in this respect, in order to use the Services and/or transact with Third Party Service Providers through the Website. The following personal information about You may be gathered by XenMeds as part of the registration process:
- Name;
- User ID;
- Email address;
- Address (including country and ZIP/ postal code);
- Gender;
- Age;
- Phone number;
- Password chosen by the User;
- Valid financial account information; and
- Other details as You may volunteer.
Only natural individuals who are not “incompetent to contract” as defined by the Contract Act may register on or use/access the website. That is, no one, including minors, insolvents who have not been dismissed, etc., is allowed to register on the website or use it. You acknowledge and agree that you are “competent to contract” under the Contract Act, have the power and ability to use the Website, and accept and agree to be bound by these Terms of Use by registering, accessing, or using the Website.
XenMeds prohibits sharing of a single log in/registration id and states that a registered id may only be used by the individual whose information have been submitted. However, a registered user who is also a parent or legal guardian of a person who is “incompetent to contract,” such as a juvenile or a person who lacks capacity, may access and use the Website on their behalf to purchase the Services.
The Website does not permit organizations, corporations, or enterprises to register as members or to use the Website through individual members.
You acknowledge and agree that You will:
only create one account.
provide true, accurate, current, and complete information when creating your account and in all of your interactions with the website.
maintain and promptly update your account information.
maintain the security of your account by not disclosing your password to anyone else and limiting access to your account and computer; and
comply with all applicable laws and regulations.
accept responsibility for all actions taken under Your account and all risk of unauthorized access.
any communication from XenMeds shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate
You shall be solely responsible to update your registration information as necessary.
Temporary cookies are used on the website to store data that XenMeds utilizes for technical website administration, research and development, and user administration but that is not sensitive personal data or information.
XenMeds may permit approved third parties to install or recognize a special cookie on Your browser in the process of delivering adverts to You or improving the services They provide to You. No personally identifying data is kept in cookies by XenMeds
While XenMeds investigates complaints or alleged breaches of these Terms of Use or any Services, or for any other reason, XenMeds retains the right to permanently or temporarily suspend Users, to block their use and access of the Website and App, at any time.
Temporary cookies are used by the website to record specific data that XenMeds utilizes for technical administration of the website, research and development, and user administration . XenMeds may permit approved third parties to install or recognize a special cookie on Your browser in the process of delivering adverts to You or improving the services They provide to You.
No personally identifying data is kept in cookies by XenMeds.
While XenMeds investigates complaints or potential breaches of these Terms of Use or any Services, or for any other reason, XenMeds retains the right to permanently or temporarily suspend Users, to prevent their use and access to the Website and App.
ACCESS TO SERVICES AND WEBSITE
Platform for Online Sales of Pharmaceuticals –
Platform to ease commercial transactions:
XenMeds makes it easier to buy medications, other pharmaceutical items, and services from third-party pharmacies through the website.
You recognize and acknowledge that XenMeds and the Website just act as hosts for You and other users who browse through or visit the Website. All products and material made accessible by the Third Party Pharmacies on the Website are third party products and third party user-generated content. XenMeds does not create or initiate the message, choose the sender or receiver of the transmission, or control the information included in such transmissions. XenMeds also has no control over such third party user produced materials and/or pharmaceutical goods and services.
It is solely the responsibility of the Third Party Pharmacies to ensure the validity and reliability of the pharmaceutical goods and services they make available through the website. You acknowledge and accept that XenMeds shall have no responsibility for the validity of the pharmaceutical goods and services made available via the Website.
You acknowledge and agree that any commercial or contractual terms relating to the sale, purchase, delivery, and consumption of pharmaceutical goods and services offered by and agreed to between you and third-party pharmacies shall strictly be a bipartite contract between you and the third-party pharmacies, and that any contract for the purchase of any pharmaceutical goods and services offered for sale by third-party pharmacies on the website shall be a contract between the third-party pharmacies and you.
Price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to pharmaceutical goods and services offered for sale by Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services are as provided by the Third Party Pharmacies are just a few of the commercial / contractual terms that are mentioned. Such commercial / contractual conditions given by and agreed to, between You and the Third Party Pharmacies, are offered and accepted solely by You and are not subject to any control by, determination by, advice from, or involvement on the part of XenMeds in any manner.
Verification of legal title
Regarding the legal ownership of the pharmaceutical goods and services supplied for sale by the Third Party Pharmacies on the Website, XenMeds makes no representations or warranties.
In no circumstances shall XenMeds acquire any right, title, claim, or interest in the goods offered for sale through or shown on the Website, nor shall XenMeds be held accountable for any obligations or liabilities arising from any transactions made through the Website. You acknowledge and agree that ownership of the stock of such pharmaceutical goods and services will always remain with the Third Party Pharmacies, who are the final sellers who are marketing or offering them for sale on the Website.
You agree and acknowledge that in the event it is discovered that Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that such Third Party Pharmacies have offered for sale on the Website, or did not have the full right, title, and authority to deal in and offer for sale such Pharmaceutica, that Third Party Pharmacies shall be solely liable for any claim, liability, or damages that may arise.
Contractual Non-Performance
You accept and concur with the following:
Any unsatisfactory, delayed, non-performance, or breach of the agreement between You and the Third Party Pharmacies for the purchase and sale of products or services supplied by such Third Party Pharmacies on the Website is not the responsibility of XenMeds.
The performance of any transaction entered into on the Website by the relevant Third Party Pharmacies cannot and is not guaranteed by XenMeds.
The Pharmaceutical Goods and Services provided for sale on the Website must be kept in stock in order to successfully satisfy all orders received, and this responsibility entirely rests with the Third Party Pharmacy(s). As a result, XenMeds is not liable if the Third Party Pharmacy(s) fails to fulfill the contract for the sale of pharmaceutical goods and services that are unavailable but were indicated as being accessible on the website at the time that You placed your purchase;
There is no obligation on XenMeds to negotiate or settle any disagreements between You and Third Party Pharmacies. The sale or purchase of any goods or services on the website is specifically not supported or endorsed by XenMeds, either implicitly or expressly. XenMeds will provide You with information about the Third Party Pharmacies from which You have made such purchases, including the principal geographic address of their headquarters and all branches, the name and details of their website, their email address, and any other information necessary for communication with the Third Party Pharmacy for dispute resolution, upon Your written request after You have purchased any Pharmaceutical Goods and Services on the Website.
Displaying medications and publishing material from third-party pharmacies on the website
You agree and recognize that the relevant Third Party Pharmacies are displaying Third Party Content on the Website, including a list of medications, pharmaceutical goods or services, and information pertaining to those medications, pharmaceutical products or services.
The Third Party Content made available on the Website, which may include without limitation text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is only for general informational purposes. It does not constitute professional medical advice of any kind, a diagnosis, a course of treatment, or recommendations of any kind.
You understand and agree that it is the sole responsibility of these Third Party Pharmacies to ensure that any Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website is accurate and does not misrepresent their state. In this regard, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in every way and that the specifics of such Pharmaceutical Goods and Services are not overemphasized or exaggerated in any way so as to deceive the Users.
You recognize and agree that TATA 1mg makes no guarantees or representations regarding the accuracy or reliability of the information supplied on the Website, and that You are responsible for conducting Your own independent investigation. You recognize and accept that TATA 1mg has had no involvement in determining the impact or effect of any pharmaceutical products or services that are being sold by third-party pharmacies on the website.
Further, it is being made clear that the Third Party Pharmacies are selling the Pharmaceutical Goods and Services to You and are in charge of obtaining the necessary licenses in accordance with the Pharmacy Act, the Drugs Act, and the Drug Rules. You understand and agree that You will not hold TATA 1mg accountable or responsible for any losses resulting from Your reliance on User Generated Content from Third Parties.
3.1.5