Services and Use of Product
Platform to facilitate transaction of business
- Medzin provides Services through the Product, which is a platform that facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Sellers. You understand and agree that Medzin and the Product merely provide hosting services to its Users and persons browsing / visiting the Product. All items offered for sale on the Product, and the content made available by the Sellers/ manufacturers of drugs and other pharmaceutical products (“Manufacturers”), are third party user generated contents. Medzin has no control over such third party user generated contents and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission.
- The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the drugs and other pharmaceutical products or services are offered by and agreed to between Users and Sellers and the contract for purchase of any of the drugs or other pharmaceutical products, or services, offered for sale on the Product by the Sellers shall strictly be a bipartite contract between the Seller and the User.
- The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the goods and services offered for sale by the Sellers, and after sales services related to such goods and services. Medzin 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 / contractual terms offered by and agreed to, between Users and Sellers.
Sentation as to legal title
- Medzin does not make any representation or warranty as to legal title of the goods and services offered for sale by the individual Sellers on the Product. At no time shall any right, title, claim or interest in the products sold through or displayed on the Product vest with Medzin nor shall Medzin have any obligations or liabilities in respect of any transactions on the Product. The Users agree and acknowledge that the ownership of the inventory of such goods and services shall always vest with the Sellers, who are advertising or offering them for sale on the Product and are the ultimate sellers.
- The Users agree and acknowledge that the Seller shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Seller does not have the sole and exclusive legal ownership over the goods and services that have been offered for sale on the Product by such Seller, or did not have the absolute right, title and authority to deal in and offer for sale such goods and services on the Product.
Possession and stocking
- Medzin does not, at any point of time, take possession of, or stock any of the goods or services offered for sale by the Seller on the Product.
Non-Performance of Contact
- The User accepts and acknowledges the following:
- Medzin is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and Seller for purchase and sale of goods or services offered by such Sellers on the Product;
- Medzin cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Product;
- Seller is solely responsible for ensuring that the goods or services offered for sale on the Product are kept in stock for successful fulfillment of orders received. Consequently, Medzin is not responsible if the Seller does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Product at the time of placement of order by the User;
- Medzin shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers. In particular, Medzin does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Product;
- Medzin may, at its sole discretion, suspend User’s ability to use or access the Product at any time while Medzin investigates any complaints or alleged violation of the Terms and Conditions of Use or for any other reason. In the event, Users find any wrong information on the Product in relation to such User, they can correct it themselves or contact Medzin immediately for such corrections. Medzin shall have no liability or responsibility in this regard.
Exhibition of drugs and publication of Content/ Information on the Product
- The Users agree and acknowledge that the respective Sellers are exhibiting their catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Product.
- The contents provided on the Product, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Sellers on the Product or any professional medical advice, diagnosis, treatment or recommendations of any kind.
- The Users acknowledge and agree that such Manufacturers / Sellers shall be solely responsible for ensuring that such third party generated information made available regarding the goods offered for sale on the Product, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Manufacturers/ Seller to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that Medzin provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Product and the Users must run their own independent check. The Users agree and acknowledge that Medzin has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale by the Sellers on the Product. The Users agree and acknowledge that it shall not hold Medzin responsible or liable for any damages arising out of such reliance on third party user generated content by the User.
Consulting a Registered Medical Practitioner
- The content of the Product, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind.
- You must always consult a Registered Medical Practitioner with any questions or concerns you may have regarding the suitability of any drug offered for sale by the Sellers on the Product, in light of your individual needs and medical conditions. Reliance on any information appearing on the Product, whether provided by Medzin, its content providers, visitors to the Product or others, is solely at Your own risk, and Medzin shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the Product. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by You on any information published on the Product, the manufacturers/ Sellers from whom said content is obtained and made available on the Product shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and Medzin shall have no liability in relation to the same.
- Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Product. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.
- The Product is a platform that can be used by the Users to purchase various drugs and pharmaceutical products [including drugs which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner (“Prescription Drugs”)], offered for sale on the Product by Sellers. In order to purchase Prescription Drugs from Sellers through the Product, the Users are required to upload a scanned copy of the prescription on the Product or email the same to Medzin. The order would not be internally processed and forwarded to the concerned Sellers by Medzin until it receives a copy of a valid prescription. The Users are also required to make the prescription available at the time of receipt of delivery of Prescription Drugs.
- Medzin shall maintain a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines.
Substitution of Prescribed Drugs
- The Users acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the Registered Medical Practitioner has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the prescribed drug or if the prescription solely lists the salt names instead of a specific brand name.
- The User further acknowledges and accepts that, in the absence of the above, the concerned pharmacist would only dispense a substitute drug in place of the prescribed drugs after obtaining suitable permission from the prescribing Registered Medical Practitioner.
Invitation to offer for sale
- Notwithstanding anything else contained in any other part of Terms and Conditions of Use, the listing of drugs and other pharmaceutical products on the Product by the Sellers is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by User shall constitute an offer by such User to enter into an agreement with the Seller (“Offer”). Post the Offer, Medzin shall send an email to the User with the information on the Offer along with the details of the concerned Seller(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the pharmacist after the validation/ verification of the prescription by such pharmacist (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant pharmacy (in the case of Prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to the User.
- For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Seller’, as appearing in the Terms and Conditions of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Seller
Transfer of Property and Completion of Sale
- Upon acceptance of the Offer by the concerned Seller (being the pharmacist), the drugs/ pharmaceutical products or services would be dispensed at the pharmacy, in accordance with the terms of the order placed by the User. Such dispensation shall also take place under the direct/ personal supervision of the Pharmacist, wherever required under the applicable law.
- The User acknowledges and agrees that the property in the drugs/ pharmaceutical products or services ordered by the User shall stand immediately transferred to the User upon the dispensation of drugs (in accordance with Clause 4.10) and the raising of the invoice at the concerned pharmacy. Accordingly, the sale of drugs/ pharmaceutical products is concluded at the concerned pharmacy itself.
- The invoice in relation to the drugs/ pharmaceutical products, and services that are required to be delivered to the User shall be issued by the concerned Seller (being the pharmacy) who is to process and satisfy the order for such drugs/ pharmaceutical products, and services.
Delivery of Drugs
- The goods shall be delivered by the Seller or independent contractors. The User accepts and acknowledges that the Seller or such other transporter/ courier/ delivery personnel, engaged by the Seller or Medzin, shall be independent contractors in-charge of the delivery of the goods from the concerned pharmacy to the address notified by the User, with no control over the goods and no additional obligation apart from standard delivery obligations and duty of care.
- The User further accepts and acknowledges that Medzin does not engage in the distribution of the concerned drugs or other pharmaceutical products, and may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User.
Compliance of Applicable Law
- While communicating/ transacting with Sellers through the Product, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing drugs or pharmaceutical products or services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force
- The Users must also ensure that the prescription uploaded on the Product or emailed to Medzin for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Sellers or to Medzin, as a result of any dispensation of Prescription Drugs by the Seller owing to the non-compliance by the User in this regard.