TERMS AND CONDITIONS – MYMEDISTORE LIMITED
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://mymedistore.in/ website and mobile application.
1. ELIGIBILITY
We, at Pharmacies Limited (“APL”, “we,” “us”) provide services to all individuals accessing or using our licensed retail stores or APL platform (“APL 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. The APL Platform is owned and operated by APL, a company duly incorporated under the provisions of the Companies Act, 2013. By accessing or browsing of the APL 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 APL Platform. The APL 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 APL through its licensed premises.
When you use the APL Platform, you represent that you meet the following primary eligibility criteria:
a. You are at least 18 years old or accessing the APL 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 APL Platform.
d. You have not been previously suspended or removed by APL or any other Mymedistore group entity or disqualified for any other reason, from availing the Services.
e. APL reserves the right to terminate your membership, if any, and/or refuse to provide you with access to the APL Platform if APL 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 APL 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, food products, 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 APL Platform is solely undertaken by APL and no other Mymedistore entity. By transacting on the APL 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 APL. You further agree and acknowledge that the Products being purchased by you are being sold and fulfilled only by APL.