Terms of Service
This document ("Terms") constitutes an electronic record as determined by the Information Technology Act, 2000 and the rules that administer it, as well as the amended provisions in several statutes pertaining to electronic records, as amended from time to time by the Information Technology Act, 2000.
- The Website is a digital platform for the purchase of pharmaceutical and/or healthcare products for sale by registered pharmacies (hereinafter referred to as "Services", with the pharmacies referred to as "Sellers"). The terms of the agreement between the Seller and company are as follows.
- Individuals or entities that have agreed to become buyers or users of the Website in accordance with the procedure as determined by MedPath Diagnostics, from time to time (referred to as "You" or "Your" or "Yourself", as applicable), may access the Services, the term shall also include visitors to the Website as well as employees and consultants of the Company. The several modes are available to offer the Services to the Users, including the offers of discount coupons and vouchers for various goods and services that are being sold by the Sellers.
- As much as we do our best to provide security that is commensurate with the industry standards, the inherent insecurities of the Internet mean that we cannot guarantee or warrant the complete security of your personal information.
Digital Platform for Pharmaceutical Products
- MedPath Diagnostics digital platform that process the purchase of medications and other pharmaceutical items, nutraceutical products and services (including over-the-counter (OTC), wellness products and related healthcare products/services) from third-party retail pharmacies (referred to as "Retail Pharmacies").
- The Company and the Website facilitate the web hosting and technical intermediate services to users. All items for sale on the Website, including description, images created by Retail Pharmacies. The Company has no control over third-party user-generated content, Products, or Services.
- The Retail Pharmacies directly responsible for validity, accuracy, and genuineness of the Products and Services available at website. The Company assumes no responsibility for the validity of the Products and Services made available at Website. The Company/website is not responsible for any delay or breach of contract between user and a third-party for the purchase and sale of goods/services offered by such Retail Pharmacies.
Availability of Products/Services and content at website MedPath Diagnostics:
- The website/MedPath Diagnostics/Company is not liable for out-of-stock, back-ordered, or otherwise unavailable Products and Services that were listed as available on the Website at the time user/you place your order.
- The user must aware that respective Retail Pharmacies are displaying third-party material on the Website, which includes a catalogue of drugs/ pharmaceutical goods or services, as well as information about such drugs/ pharmaceutical products or services.
- The product/service information available on Website informational purposes only and does not constitute an advertisement or promotion of any drug offered for sale by the Retail Pharmacies on the Website, nor does it constitute any professional medical advice, diagnosis, treatment, or recommendation of any kind.
- Furthermore, the Company and website is not liable for ensuring that the material/information/products/services made accessible is accurate and does not misrepresent the state of the Products and Services. You further recognize and accept that the Company and website makes no guarantee or assurance as to the validity or accuracy of the information, and that you are responsible for conducting your own investigation before taking any services from website.
- Users and/or third party discover any incorrect information/not up-to-date information on the Website regarding such Retail Pharmacy, Products, or Services, they are advice to inform us immediately and notify the Company to have it corrected at firstname.lastname@example.org. In any case, the Company will not be held accountable or liable for any damages caused by third-party material.
Prescription of Medicines/services:
- User must upload a scanned copy of a valid prescription to the Website in order to purchase medications and pharmaceutical items that require a valid prescription, the sale of any pharmaceuticals or pharmaceutical items, Retail Pharmacies may only distribute the quantity mentioned in the prescription. Retail Pharmacies under the supervision of experiences pharmacist will review the prescription that users have provided, and if there is any inconsistency, the order may be cancelled by the Retail Pharmacies.
- The user must also have the original prescription with you when the order is delivered at your door step and allow the delivery agent to stamp the original prescription at the time of pharmaceutical delivery; else, the medicines will not be delivered. The Company may keep a record of any prescriptions uploaded by Users at its sole discretion and in accordance with relevant government rules.
Substitute or Alternate medicines/products of Prescribed Medicines:
- An alternate/substitute medicine as per prescription will only processed, if a registered medical practitioner has approved the equivalent generic/branded drug with a similar or substantially similar composition to be dispensed in place of the prescription drug and the user must have also given your approval to the replacement of the prescription medication, the retail pharmacy may also provide pharmacist supervision before dispensing medication.
- Any substitute/alternative prescription medications are only dispensed with user permission. MedPath Diagnostics may also facilitate for online and telemedicine consultations offered by a third-party certified medical practitioner must be conducted via a telecommunication. User must read, agree and acknowledge the term & condition to telephone conversation between third-party registered medical practitioners and pharmacists.
Delivery of Order/services:
- Retail pharmacies or independent services provider will responsible for the delivery of the products and services. User accept and acknowledge that the courier/delivery personnel employed by the Retail Pharmacies/service provider/Company will act as agent for the delivery of Products/Services from the concerned third party service provider at the address provided by user at website.
- MedPath Diagnostics/website has no control over the delivery of user order/services and will not be responsible for any delays in delivery, MedPath Diagnostics just online platform to facilitate and record your purchase and services.
- Company/website online platform that allows Users to access lab test/diagnostic test/package services provided by third-party run labs ("Labs"). MedPath Diagnostics facility lowest package of lab test and sample collection service provided by third party lab partner, who is responsible to delivery of services including sample collection, test execution, and report generation to Users at Website. Furthermore, the MedPath Diagnostics/website/Company shall not be liable for any services such as sample collection, testing, and reporting.
- MedPath Diagnostics/website/Company facilitates the Lab test/diagnostic test/package services to the Users of the Website. User and the Labs agree to use of the Website and the information provided therein only for purposes that are permitted by terms, any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.
Prices and Payment:
- MedPath Diagnostics/Company/website aims to provide user the most competitive pricing on the Products you need from the Website.
- Payments are processed with the in link services of banks/payment gateways/payment aggregators/ third parties. MedPath Diagnostics/Company/website is not liable for any loss or damage incurred by Users/ Retail Pharmacies/ third party service providers. As a result of this process banks/payment gateways/payment aggregators/ third parties are beyond the MedPath Diagnostics/Company/website's control.
Taxation and Disputes:
- Any taxes related to third party service provider/retail pharmacies and their legal compliances, government approval, regulation, and reporting are completely the responsibility of service provider. Except website/company own taxes, please keep in mind that all charges are exclusive of any relevant taxes.
- Disputes regarding third-party services will be resolved between the Users and the relevant third parties, including, but not limited to, banks/payment gateways/payment aggregators/network operators, without the involvement of the Company.
Intellectual Property Rights (IPR) and Government regulation:
- MedPath Diagnostics applied trademark under the director of company and Content is protected by copyright, patent and trademark laws, and various other intellectual property laws.
- The term and condition applicable Indian regulation law for their User/service provider/retail pharmacy to use the website, such as, the Indian Contract Act, 1872 ("Contract Act"), Information Technology Act, 2000 ("IT Act") and the rules, regulations, guidelines, and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information, The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 ("Drugs and Magic Act"), The Indian Medical Council Act, 1956 (read with the Indian Medical Council Rules, 1957); The Pharmacy Act, 1948 ("Pharmacy Act"); and The Consumer Protection Act, 2019 (read with the Consumer Protection (E-Commerce) Rules, 2020.
- The Content on the Website intended for the Users/general public as part of the Services for informative purposes only and does not represent professional medical advice, diagnosis, treatment, or recommendations in any type, user may always follow the instruction given by registered medical practitioner only.
Risk associated with website services:
Return, Refund, Shipping/Delivery and cancellation:
- MedPath Diagnostics/Company/website provides return and refund on items and services as per the cancellation, shipping charges, returns, and refund policy ("Return and Refund Policy") and other terms and restrictions. The Return and Refund Policy is an important component of these Terms, and Users are encouraged to read it carefully.
- MedPath Diagnostics always reply to its Users' concerns and complains in a specific time period but not more than 30 days from receipt of the complaints/grievance, and who/user may be reached at: Director, Medmarket Health Solution Private Limited, Mishra Colony, Sarojini Nagar, Lucknow-226008, India or email us at email@example.com.
- User may contact MedPath Diagnostics directly by submitting your request at website or write us at firstname.lastname@example.org. The User accepts the terms and condition of this documents by visiting this website and clicking the "I agree" button. By giving his or her data/information to the Company, the visitor consents to the processing of that data/information in the manner described in this term and condition Policy.