TERMS AND CONDITIONS
- For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain a registration, in accordance with the procedure established by Medsin in this regard. As part of the registration process, Medsin may collect the following personal information from You which may include but not be limited to your name, User ID, Email address, Address including country and ZIP/ postal code, Gender, Age, Phone number; Password chosen by the you; Valid financial account information; and other details as you may volunteer and provide to Medsin.
- A registered ID can only be utilized by the person whose details have been provided and Medsin does not permit multiple persons to share a single log in/ registration 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 procuring the Services, on behalf of such persons.
- Organizations, corporates, and businesses shall not become registered members on the Website or use the Website through any individual members or employees.
- You hereby agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify Medsin if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
- The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Medsin for the purpose of technical administration of its Website, research and development, and for User administration or any other requirement as may be applicable as per law. In the course of serving advertisements or optimizing services to You, Medsin may allow authorized third parties to place or recognize a unique cookie on the Your browser. Medsin does not store personally identifiable information in the cookies.
- Medsin, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App as applicable, at any time while Medsin investigates complaints or alleged violations of these Terms and Conditions or any Services, or for any other reason, as Medsin may require.
Medsin reserves the right to terminate your membership and/or refuse to grant you access to the Medsin Platform if Medsin finds that the representation made by you is false, you do not fulfil the eligibility criteria or are in material breach of the Terms and Conditions.
Through the Platform, we offer the following services (“Services”):
- Exposure, advertising, marketing and delivery of medicines include non-prescription drugs, other pharmaceutical products and other fast-moving consumer goods, including cosmetics and food products, as well as private label products (“Products”).
- The sale/purchase of products on the Medsin Platform is made solely by Medsin Online Pvt. Ltd. and no other entity. Medsin may act as a marketplace and may bring together buyers and sellers on its platform. Sellers shall be liable to the buyer for their products, and no buyer would be entitled to bring a claim on Medsin as Medisn is in no manner whatsoever liable for the product of the seller and the role of Medsin shall be limited to be a marketplace. You continue and agree and agree that the Products you purchase are for sale and are only completed by Medsin as required.
YOUR USE OF MEDSIN SERVICES
Conditions of due diligence:
- Only you are responsible for the medical, health and personal information you provide on the Medsin Platform, and please use your discretion to provide such statistics.
- You will present accurate and complete information everywhere on the Medsin Platform, based on where you find services. You are responsible for the safety and privacy of your personal information and privacy.
- You will be responsible for all access to and use of the Medsin Platform by anyone using the password and initially assigned to you whether access to and use of this Medsin service is permitted by you, including without limitation, all communications and transfers and all access or use.
- You will be responsible for all information provided by you for Services purposes, including analysis, research, training, and disclosure (where applicable).
- We reserve the right to refuse access to or disconnect the account at our sole discretion if we suspect that you have violated or are likely to violate applicable law or provided Terms and Conditions.
Scope of Services:
- Medsin sells products in various categories such as medicines, medical devices, vitamins and supplements, baby food, personal care, health food and over-the-counter medications, etc. Medsin does not sell drugs listed in Schedule X of the Drugs and Cosmetics Act, 1940.
- Medsin engages in retail sales to through offline and offline channels, namely through its stores / physical stores and its Medsin Platform. Medsin Platform will display a list of products available in Medsin stores only in your region, based on the code you have entered in your Medsin Platform.
- You may view and access content contained on the Medsin Platform only to obtain the Services and in accordance with these Terms and Conditions. You may not reproduce, distribute, display, sell, rent, transfer, construct, reproduce, modify, reverse engineer, disassemble, assemble or manipulate Multi-Platform or any part thereof without Medsin’s express written permission.
- You will not assign, transfer, or contract any of your rights or obligations under these Terms or any related Product Orders to any third party unless otherwise agreed in writing by Medsin.
- You will not use any trade for any of the information provided on the Medsin Platform.
- You shall not impersonate any person or organization or falsely or otherwise misrepresent your age, identity, or affiliation with another person or entity.
- You shall not upload any unauthorized content under applicable law, and / or designated as “Prohibited Content” as mentioned below.
- You shall not resell any Products purchased from Medsin stores or the Medsin Platform without the due approval and authorization of Medsin.
- Delivery rates associated with each purchase will be displayed on the payment page once you place an order on Medsin Platform. Any other applicable costs will also be reflected at the time of purchase and will be reimbursed accordingly.
- The refunds used will be considered in accordance with the Medsin Payments, Returns and Refunds Policy.
- Cash on Delivery (“COD”) is a payment method that you can pay for items (s) in cash when the courier company delivers non-medical orders to your delivery address. If any medication is required, the delivery is done by Medsin staff.
- If you do not have a credit or bank card or do not wish to pay online, rather than make any prepaid online payments, the Medsin COD option gives you the flexibility to pay the full order amount on delivery by point-of-service terminal or via cash.
- The COD option is available in selected locations only. Please note that if your pin code is not part of the active COD list of PINs, the COD option will not appear on the last order page.
- Medsin will notify you once the order has been confirmed and when items are shipped with an update at the nearest delivery time.
- We do our best to ship each item to your order within three working days of the order. However, in some cases, it may take longer to ship an order as we may need to receive it from other stores or our suppliers. Should we not be able to ship your order in full within 7 days of the order, we will cancel the remaining unopened portion of the order, and send you an email notifying you of the same. In such cases, your payment on the unpaid portion of the order will be refunded, in the manner you paid, in accordance with MEDSIN PAYMENT AND REFUND POLICY.
- Medsin does not make any imported medicines. Delivery of medicines from both countries is achieved through external delivery partners. Medsin can also include external delivery partners for specific deliveries from cities and regions. Any delay, loss, damage, theft or damage resulting from the shipment of products by an external delivery partner is the sole responsibility of the foreign delivery partner. Medsin will not be held liable for any actions of our foreign delivery partners in any manner whatsoever.
- Medsin shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
- Medsin shall be compensated by user for any extra cost that it may incur for redelivery in the event of a non-delivery in the first instance on account of a mistake or negligence by you (i.e. wrong name or address or any other wrong information or any other particular in reference delivery due to which delivery fails).
Medicine Delivery Policy:
- Valid prescription from a doctor is mandatory for all medicine orders, apart from when the law permits dispatch of medicine without a prescription. You may be requested to upload a scanned copy of the prescription on the Medsin Platform.
- You agree that the prescription uploaded by you will be examined by a registered pharmacist where applicable or necessary under law, and your order shall be considered confirmed only after the prescription is accepted by the Pharmacist.
- You agree and consent to the particulars of your prescription will be recorded by Medsin in accordance with its obligations under applicable laws.
- You may be required to display the prescription, whether offline or online, for the purpose of record keeping by Medsin, at the time of picking up medicines or accepting delivery of medicines through an online order.
- You may not upload, distribute, or otherwise publish via Medsin Platform, any of the following Restrictions, including any content, information, or other material:
- That belongs to another person and does not have the right to own it;
- Is dangerous, abusive, abusive, abusive, obscene, sexually explicit, sexually explicit, infringing on another person’s privacy, including physical privacy, insult or sexual harassment, liberal, discriminatory or racist, or other illegal or unlawful compulsion;
- Is hateful, discriminatory or racist, looking down on anyone;
- Is related to or appears to promote money laundering or gambling,
- Harming children in any way;
- Infringes any copyright, trademark, copyright or other proprietary rights;
- Violates any law in India currently in force;
- Deceives or misleads the intended recipient about the origin of your message and intentionally transmits any false or misleading information by nature but which cannot be deemed to be true;
- Contacts with any information that is very irritating or threatening to the environment;
- Pretend to be someone else;
- Contains viruses and malicious programs;
- Threatens unity, integrity, defense, security or sovereignty of India, friendly relations with foreign countries, or social order;
- Is false and untrue, and has been written or published in any form, for the purpose of misleading or harassing any person, organization or agency for financial gain or harm to any person;
- Instigates any crime or obstructs the investigation of any crime or insults any other nation;
- It is not about consulting a doctor or related to any help you receive from us.
You acknowledge and agree that if you fail to comply with any of the above, we reserve the right to remove that information and / or immediately terminate your access to the Services and / or Medsin Platform and take appropriate legal action as deemed necessary under law.
THIRD PARTY LIABILITY
- You acknowledge and agree that Medsin merely provides a marketplace to buyer and seller. All items offered for sale on the Website, and the content made available by the Third Party Sellers, are third party user generated contents and third party products. Medsin has no control over such third party user generated contents products and services and does not – originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Products and Services made available by the Third Party Sellers through Medsin shall be the sole responsibility of the Third Party Seller only. You understand and agree that Medsin shall have no liability with respect to the authenticity of the Products and Services being facilitated through its Website.
- The commercial terms include without limitation – price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and Services offered for sale by the Third Party Seller, and after sales services related to such Products and Services are as provided by the Third Party Sellers. Medsin 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 terms offered by and agreed to, between you and the Third Party Seller.
- You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Products and Services which are offered by and agreed to between You and the Third Party Seller and the contract for purchase of any of the Products and Services, which are offered for sale on the Medsin Website by the Third Party Seller shall strictly be a bipartite contract between the Third Party Seller and You, the Buyer.
BREACH OF CONTRACT
You accept and acknowledge the following:
- Medsin is not responsible for any unsatisfactory performance, delay, non-performance or breach of the agreement entered into between You and the Third Party Sellers for purchase and sale of products or services offered by such Third Party Sellers on the Medsin Website;
- Medsin in no manner whatsoever guarantees that the concerned Third Party Sellers will perform any transaction concluded on the Medsin Website;
- The Third Party Sellers are solely responsible for ensuring that the Products and Services offered for sale on the Medsin Website are kept in stock for successful fulfilment of orders received. Consequently, Medsin is not responsible if the Third Party Pharmacy(s) does not satisfy the contract for sale of Products and 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 You; and
- Medsin shall not and is not required to mediate or resolve any dispute or disagreement between you and Third Party Sellers. In particular, Medsin does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Medsin Website. Medsin shall, on a request in writing made by you after the purchase of any Products and Services on the Medsin Website, provide you with information regarding the Third Party Sellers from which You have made such purchase, including the registered address of such party along with contact details as maintained in the records of Medsin.
By using the Medsin Platform and / or Service, you agree to defend, indemnify and hold harmless Medsin, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to:
- Your violation of these Terms;
- Your use of the Medsin Platform and / or Service;
- Incorrect or unsupported credit / debit card details provided by you;
- Use a credit / debit card that is not legally valid;
- Allows third parties to use your password or other means to access your account;
- Non-compliance with applicable law or regulation in the area where you have access to the Medsin Platform and / or Service;
- Provides counterfeit, counterfeit, unlicensed or used prescription drugs or
- Any action taken by Medsin as part of its investigation into alleged breach of these Terms or by reason of its acquisition or decision to make these Terms.
LIMITATION OF LIABILITY
By using our Services, you verify that you understand and agree to the following:
- Medsin, shall not be liable for your in your use or inability to use the Medsin Platform;
- Medsin, shall not be liable for your use of any third-party services that you have communicated through the Medsin Platform.
- Medsin does not warrant that Medsin Platform any services or products available will not be disrupted or made to be faulty. There may be delays, omissions, interruptions, and / or inaccuracies or Services available through the Medsin Platform.
- While Medicin does take appropriate measures and due care to prevent the spread of viruses, worms or other malicious code on the Platform, Medsin does not represent or ensure that the Medsin Platform, or Service or Products or products or services can be made available through Medsin Platform free of these harmful features. Medsin is not liable for any damages or damages caused by those features or that arise directly or indirectly from those features.
To the extent permitted by law, Medsin will not be liable to you or any third party for any direct, indirect, improper or consequential losses, damages (including, but not limited to, lost profits, business interruptions, system loss or other data in the system) whether Medsin was advised, knew, or should have known that there may be such damage, arising or related to:
- Use or reliance on Medsin Platform, any information, links or content contained in it, or services installed or made available to you through Medsin Platform;
- Your provision of information, personal or otherwise, to Medsin;
- The provision of services by Medsin; or
- Commits or neglects on behalf of Medin, its agents or staff;
- Errors, delays or service failures or theft or damage to Products, caused by third parties assisting Medsin as delivery partners.
- To the fullest extent permitted by law, Medsin disclaims and excludes all warranties and representations, disclosures, representations or representations, in relation to the Medsin platform or Medsin’s services, or in respect of the accuracy, financial or completeness of the information provided by Medsin, including stated warranties for commercial or intellectual property purposes and not to infringe a copyright, trademark or other intellectual property right.
- Medsin’s platform, including, without limitation, all content, details and links contained in it, is provided with an “as-is” basis without warranty or error. You clearly agree that your use of the Medsin platform is at your own risk.
- Except in any way, Medsin’s combined liability (whether for contract, forfeiture or otherwise) for any loss or damage you may have in any account, as a result of your use of Medsin Platform, will only be limited to the amount you pay for the Product or Services or in respect of it, the same shall cover single incident or series of incidents caused by the same cause.
- Medsin reserves the right to reject the Service, terminate accounts, delete or edit content, or cancel orders at any time at will.
- No claims or actions arising, or relating to, the use of the Medsin Platform or these terms and conditions may be submitted by you after expiry of one (1) year.
- We have selected products on the basis that they will be used for personal use only. If you plan to use them for business purposes you are advised to make sure you are covered by the appropriate insurance plan. When you decide to use the Products during business hours, we remove (to the fullest extent permitted by law) those warranties and conditions relating to the specific purpose. Our maximum credit to business users arising from or related to the Products will be limited to the replacement value of the Product in question only. In the case of business users, we do not accept liability for Product Goodness for business purposes, nor do we accept liability for any loss of Product Use, any loss in excess of product costs in the event of a breach of warranty.
DATA & INFORMATION POLICY
INTELLECTUAL PROPERTY AND OWNERSHIP
All the intellectual property (trademarks, trade names, brand names, copyright, patent or any other intellectual property rights) used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of Medsin. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
You acknowledge and agree that all intellectual property rights in all material or content provided as part of the Medsin Platform are at all times owned by Medsin or licensed to Medsin for use. You are permitted to use this material and / or content only as expressly permitted by Medisn or in the third party proprietor of the intellectual property. All Product names, trade names, service names, tag lines, or logotypes separated by form, text, or other elements from the surrounding text (e.g., all keywords), (collectively, “Tags”) are trademarks owned or licensed by Medsin, unless otherwise noted. Use of any of these Tags may not be made without the written consent of Medsin, except for the sole purpose of identifying Products or Services from Medsin. You acknowledge and agree that the content and content displayed on the Medsin Platform are made available for your non-commercial use only and that you may download such materials and content only for the purpose of using the Medsin Platform.
You further acknowledge that any other use of the content and content by Medsin Platform is prohibited and you agree to refrain (and agree not to assist or create any third party) to copy, reproduce, transmit, publish, display, distribute, exploit or create works taken from such content and content. The Medsin platform may provide Registered Users with the opportunity to submit updates and other comments, questions, suggestions, or other information (“User Content”) to the Medsin Platform. You confirm that any user content provided by you on the Medsin Platform is authentic (and does not infringe on the rights of others), and in this way you grant Medsin a permanent, unchangeable, non-discriminatory license to use this user content. Medsin reserves the right but no obligation to monitor and edit or remove any work or User Content, and does not assume responsibility or liability for any User Content posted by you or any content posted by any third party.
Please note that your payments are processed in accordance with applicable law and you can refer to our PAYMENT AND REFUND POLICY for details.
By using our Services, you continue to ensure that you understand and agree to the following:
- That you will use the services provided by Medsin, its affiliates, and contractors, and comply with all applicable laws and regulations while using the Medsin Platform and operating the Medsin Platform.
- You will provide accurate, complete and up-to-date information in all cases where such information is requested from you. Medsin reserves the right to verify the information and other information provided by you at any time. If confirmation is found that your information is found to be inaccurate (in whole or in part), Medsin reserves the right to choose not to register and to prevent you from using the Services of Medsin and / or other related websites without any prior intimation.
- That you exercise your good and sensible judgment before entering into any transaction with Medsin Platform by doing so at your own risk.
Medsin reserves the right to transfer, assign or provide limited commercial benefit to all or part of any of its rights or obligations under these Terms or any related contract, to any third party.
If it is invalid or unenforceable in whole or in part, the legality or enforcement of other Terms shall not be affected. The exercise of any power, the rights or the remedies under these Terms shall serve as its discretion and any use or partial use of any such power, rights or remedies may prevent any other or any other use thereof. Any waiver for operation must be in writing and signed by an authorized representative of Medsin.
These Terms including the documents or other sources referred to in these Terms constitute all submissions, understandings and agreements between you and Medsin relating to the use of Medsin Platform (including the use of services and / or product layout) and constitute full agreement and understanding between you and Medsin for using your Medsin Platform.
If you visit the Medsin Platform or send an email to us, or contact us electronically, you agree to receive communications from us via computer. We can contact you by email or by sending notifications to the Medsin Platform. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy all legal requirements for such communication in writing.
THIRD PARTY WEBSITES
EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any obligations under any contract including any delay or failure to deliver Products in the event of events beyond our control (“Force Majeure”). Force Majeure will include any action, event, failure to exercise, skip or accident beyond our control, including, among others, the following:
- Strikes, outbursts or other forms of protest.
- Civil wars, insurrection, terrorist attacks or terrorist threats, war (declared or not) or threatening or preparing for war.
- Fires, explosions, storms, floods, earthquakes, falls, pandemics, epidemics, or other natural disasters.
- Failure to use public or private transport and telecommunications systems.
- The laws, decisions, laws, regulations or restrictions of any government or government official include any legal regulation.
Our obligations arising from any contracts should be deemed to be suspended during the period in which Force Majeure operates and we will extend the time to fulfill these obligations at some point in our contact with you, not less than the period during which the Force Majeure situation continues.
Medsin shall disclaim the occurrence of a Force Majeure event on the home page of its website, yet Medsin has no obligation to do the same.
TERMINATION (Parties for the Purpose of these Terms and conditions shall collectively mean the Other Parties and Medsin)
Medsin reserve the right to terminate your use of the Services:
- In the event that your action is deemed to be in conflict with applicable laws, regulations, rules and regulations or these Terms and Conditions; or
- By direct legal change, Medsin reserves the right to terminate our obligations under any permanent contract, and / or to provide services under the revised Terms and Conditions; or
- If Medsin believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Medsin (or any of its director affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
- Medsin is required to do so to comply with the applicable laws; or
- If Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Medsin to provide the Services to the Other Party(s); or
- The provision of the Services to the Other Party(s), or to the general public, is in Medsin’s opinion, no longer commercially viable; or Medsin has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof); or
- Medsin may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) 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 Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
- Upon termination or suspension (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
- Upon termination of these Terms and Conditions, Medsin shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).
- Medsin reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Other Party(s) content from the Website with or without ability to access the Website and the other Services, upon any breach by the Other Party(s) of these Terms and Conditions or if Medsin is unable to verify or authenticate any information the Other Party(s) submits to Medsin, or if the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for Medsin to provide the Services to the Other Party(s).
- The right to terminate/ suspend the account is in addition to, and without prejudice to, Medsin’s right to initiate action against the Other Party(s), in accordance with applicable law.
- The provisions of these Terms and Conditions shall continue to apply until terminated by either of the Party in case of Other Parties wanting to terminate these Terms and Conditions, Other Parties may do so by not accessing the Website; or closing their accounts for all of the Services that they use
APPLICABLE LEGISLATION AND JURISDICTION
The use of our Medsin Platform and the contract between you and Medsin will be governed by the laws of India.
All disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be resolved by amicable negotiations within a period of 30 (Thirty) days.
In case any dispute is not resolved within the stipulated period as mentioned, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be referred to arbitration as per the provisions of the Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be New Delhi, India. That the arbitral proceedings shall be presided over by a sole arbitrator, appointed by Medsin. The language of Arbitration shall be English only. The Arbitral award shall be final and binding on both parties.
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
MODIFICATION OF WEBSITE
Medsin reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Medsin will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
In case of any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at:
In case of any query regarding the website, these Terms and Conditions, or anything related to any of the foregoing, Medsin may be reached at:
or via the contact information available from the following Contact us link on the home page.