Terms and Conditions

 

Terms & Conditions

BY CONTINUING TO ACCESS AND USE THIS WEBSITE/MOBILE APPLICATION YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS OF USE SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MUST LEAVE THIS WEBSITE/MOBILE APPLICATION.

About us

www.medquickrx.in website and the mobile application is owned and provided by Pramira Pharmacy having its registered address at No. 79/15 B Acharya Jagadish Chandra Bose Road,West Bengal, Kolkata, India

(hereinafter “MEDQUICKRX”. If you need any information or have a complaint about this website/mobile application or any of our services please contact us by one of the following methods.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.medquickrx.inor the mobileapplication ‘MEDQUICKRX’.

Professional Standards

MEDQUICKRX services are rendered either from its own licensed premises or from the licensed premises of its associates / network pharmacies which are undertaken under strict supervision of the qualified and registered pharmacists. All pharmacists are bound by codes of professional ethics and conduct.

Privacy

Your privacy and that of any other person whose information you provide to us is important to us. Please see our privacy policy for details of what information we collect and how we will use and protect it. We do everything possible to use it carefully and sensibly. This information is never shared with other companies or third party service providers.

Registration.

By registering and using the services you agree that you are eighteen years or above and you are not debarred by any law to contract and you agree to have read and accepted the terms and conditions provided herein

Visitors to this website/mobile application are required to register in order to use its facilities/ services. We are not under any obligation to accept a request for registration and reserve the right to suspend or terminate access at any time if your continued use is believed to prejudice us or other users. By registering to use this website /mobile application you confirm that the information you provide during the registration process is accurate and complete. You agree to update your registration details promptly if there are any changes. All registration information you provide will be kept secure and processed in accordance with our privacy policy

Username and password.

During the registration process, you may be allocated, or invited to choose, your own username and password which will be unique to you. You are responsible for keeping your username and password confidential and for ensuring that they are not used by any other person.

Offers, promotions, software and downloads.

MEDQUICKRX and other third parties with whom we have a business relationship may occasionally promote their goods or services on the website or mobile application or through other direct marketing initiatives or may make software and other materials available for you to purchase or download. Whilst we try to encourage third parties to offer good quality products, and services and materials at competitive prices we have no control over them or other third parties, we do not endorse the products or services they offer, or give you any assurance that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same. All promotions are for limited period and subject to special terms and conditions, which are in addition and not to the terms and condition stated herein.

Ownership of materials and licence terms.

This website or mobile application, the materials and software on it, or provided to you through it are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to MEDQUICKRX and/or third parties. You are permitted to display the materials on this mobile application on a computer screen/mobile screen and, save for restricted access documents, to download and print a hard copy for your personal use or for obtaining products or services from us provided you do not alter or remove any of the content or any part of the website/mobile application without our express permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices.

You agree not to:

• Copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of this website/mobile application or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in our absolute discretion)
• Use this website/mobile application or any of the materials or software on it, or provided to you through it, for:
  • Any unlawful purpose or in contravention of applicable law
  • Commercial exploitation without our prior written consent
  • Any purpose or in any manner that may give a false or misleading impression of us, our staff or our services
• Use, upload or transmit
  • Any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress, or which may affect or infringe the rights of any other person
  • Any device, software, file or mechanism which may interfere with the proper operation of this website or our systems
• Establish a link to this mobile application from any other website, intranet or extranet site without our prior written consent
• Decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through this website/mobile application
• Do anything that may interfere with or disrupt this website/mobile application or our service
• Encourage or permit others to do any of the above
• In the event that you do not comply with the above restrictions, any person affected by your actions may bring a claim against you and/or MEDQUICKRX. We will pursue a claim against you for any losses and costs (including legal costs) we may suffer as a result of your actions.

Suitability of materials.

We do not give any assurance that the materials provided or available to you on or through this website/mobile application are suitable for your requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials.

Mobile application availability.

This mobile application is provided free of charge and we make no guarantee that it will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of the website/mobile application or any of its content at any time without notice and without incurring any liability.

Monitoring.

We may monitor activity and content on this website/mobile application and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.

Security.

We employ security technology as detailed in our privacy policy however, Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you send to us from this website may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you send to us and you do so entirely at your own risk.

Accuracy of Information

We take care to ensure that all information available on our website/mobile application about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Medical, commercial and legal practice change frequently and the content on this website/mobile application, in of any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For accurate up-to-date information you should contact us and/or your doctor directly.

Disclaimer

MEDQUICKRX DOES NOT WARRANT OR REPRESENT THAT THE MATERIAL ON THIS WEBSITE/MOBILE APPLICATION IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL BE FREE OF DEFECTS OR VIRUSES. NOTHING CONTAINED IN THE PAGES OF THIS WEBSITE/MOBILE APPLICATION SHOULD BE CONSTRUED AS MEDICAL, COMMERCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL CONTAINED IN THIS WEBSITE/MOBILE APPLICATION OR ANY COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION.

Liability

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) WHERE:

• THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US.
• THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR
• ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.THE MAXIMUM LIABIITY OF MEDQUICKRX SHALL BE LIMITED TO THE COST OF THE PRODUCTS PURCHASED OR SERVIES AVAILED BY THE CUSTOMER, MEDQUICKRX OR ITS DIRECTORS SHALL NOT BE LIABLE FOR ANY INDRECT, CONSEQUENTIAL OR OTHER DAMAGES CAUSED TO THE USER

Third party rights.

Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party under the Contracts and a person who is not a party to these Terms and Conditions has no rights to enforce them.

Waiver.

No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.

WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. THE NEW VERSION WILL BE POSTED ON THIS WEBSITE/MOBILE APPLICATION AND WILL TAKE EFFECT IMMEDIATELY UPON POSTING

IF YOU USE THE WEBSITE/MOBILE APPLICATION AFTER THE NEW TERMS AND CONDITIONS HAVE COME INTO EFFECT, YOU WILL BE INDICATING YOUR AGREEMENT TO BE BOUND BY THE NEW TERMS AND CONDITIONS

PRESCRIPTION ORDER

THE FOLLOWING TERMS APPLY TO YOUR USE OF THE MEDQUICKRX  PRESCRIPTION ORDERING SERVICE. THESE ARE ADDITIONAL TO AND SUPPLEMENT OUR GENERAL WEBSITE/MOBILE APPLICATION TERMS AND CONDITIONS WHICH ALSO APPLY.

IF YOU HAVE ANY QUESTIONS CONCERNING THE SERVICE, PLEASE CONTACT US.

Prescriptions for persons other than yourself:

If the prescription is of a person other than yourself, you will need to have the authority of the person whose prescription it is to have it dispensed by us. By placing an order to dispense another person’s prescription you confirm that you have their authority to do so.

Age Restrictions:

We only accept Prescription Orders from customers who are 18 years old or over although they may order prescriptions for persons who are under 18. By placing an order, you confirm that you are at least 18 and legally eligible to contract.

Residency:

We accept Orders from and despatch orders to addresses in selected locations in India.

Binding agreement:

No Order placed by you will be binding on us until we have confirmed the order to you by phone, email or in writing. We reserve the right to reject any order. All orders are delivered subject to receipt of valid prescription and availability.

Verification of prescription:

When we receive an original prescription from you, our pharmacist will verify it against the information provided to us at the time the order was placed. In the event that the information does not match with your original order as per the prescription, we may try to contact you using the information in your registration. If we cannot contact you and we are unable to dispense the item(s) on your Prescription Order we reserve the right to return your prescription to you.

Non-Receipt of Prescription:

If you place a Prescription Order and we do not receive the relevant original prescription, we will not have any liability to you and it will be your responsibility to contact us within 7 days regarding your prescription order.

Validation Of Prescription:

Validation of prescription services through our partner Registered Medical Practitioner shall be made available to the User only upon request of the User and in the following situations:

1. The existing prescription has expired and the User is unable to get an appointment with his Registered Medical Practitioner ; or
2. The prescription is not legible and the prescribing Registered Medical Practitioner is unavailable to validate the prescription; or
3. The prescription is not as per the standards defined by Medical Council of India, including, missing Doctor details, patient details etc; or
4. If the prescription contains schedule X drugs / unusual quantities.

The User understands and agrees that the validation of prescription services provided herein are only on request and are intended for general purpose only and should not be used in case of medical emergencies and serious illness issue where physical consultation is recommended and at no point these services are intended to replace the physical consultation.

The User also agrees and understands that for providing the validation of prescription service MEDQUICKRX will have to share the prescription with its partner Registered Medical Practitioner and by requesting the services the User confirms its consent to share his/her prescription with MEDQUICKRX’s partner Registered Medical Practitioner. Upon the request of the User, the prescription of the User shall be shared with MEDQUICKRX’s partner Registered Medical Practitioner and post consultation or review of the prescription, if the Registered Medical Practitioner deems fit, he/she may validate the prescription shared with him/her of the User. However, at all time the Registered Medical Practitioner has the discretion to refuse consultation or validation of the prescription if the Registered Medical Practitioner is of the opinion that a physical consultation is required before a prescription is validated.

User agrees that the Registered Medical Practitioner will use the technology of MEDQUICKRX for rendering the above services and they share the information with MEDQUICKRX of its affiliated partners for rendering the services.

Disclaimer:

The User understands and agrees MEDQUICKRX is providing a technology service as an intermediary and that all the services are provided to the User directly by the Registered Medical Practitioner with regard to any health issues, consultation, validation, unsatisfactory services etc. availed by the User under the above mentioned clause services are between the User and the Registered Medical Practitioner and that at no point in time MEDQUICKRX shall be held responsible for the same.

Further, notwithstanding anything contained herein, MEDQUICKRX shall not be liable for:

• any medical negligence, prescription of any wrong medication or treatment on part of the Registered Medical Practitioner.
• any type of inconvenience suffered by the User due to a failure on the part of the Registered Medical Practitioner
• in providing the agreed services or to make himself/herself available at the appointed time, inappropriate treatment, or similar difficulties.
• any misconduct or inappropriate behaviour by the Registered Medical Practitioner.
• cancellation or rescheduling of booked appointment.
• any medical eventualities that might occur subsequent to using the services of the Registered Medical Practitioner.

Subscription:

Under the subscription model, User can subscribe for his/her/its medicine requirement by choosing a subscription plan that best suit the User’s need and the User can customise the same according to the User’s requirement. All orders under the subscription plan shall be automatically placed in accordance with the chosen subscription plan. All orders under the subscription model shall be subject to all the other applicable terms and conditions mentioned herein along with all statutory requirements for processing an order.

Clubbing of offers:

Any ongoing offer or promotional scheme cannot be clubbed with the orders placed under the subscription plan. All orders under the subscription plan shall be processed based on the standard discount and promotional scheme available at the time of processing any order under the subscription plan. MEDQUICKRX shall have the sole discretion to decide with regard to the offers or scheme that shall be applicable to the orders placed under the subscription plans.

Non-Availability/Suitability of Products

If any of the items on your prescription are not available, or are not suitable for dispensing through this service, we will try to contact you using the information in your registration to inform you about the same.

Delivery of prescriptions drugs:

Prescription items can only be dispensed once we have received your original paper prescription or online prescription from MEDQUICKRX registered doctor. All items are delivered to the address provided by you in your registration or to an alternative address if directed by you. You acknowledge and accept that items will need to be signed for on delivery and authorise any person at your chosen delivery address to sign for the items as your authorised representative. In the event that the packaging is opened after delivery, we will have no liability to you for lost or damaged items or for what third parties find out about you as a result.

No Warranties:

MEDQUICKRX makes no warranty that:

• the application will meet your requirements;
• the application will be available on an uninterrupted, timely, secure, or error-free basis;
• the any results that may be obtained from the use of the application or any services offered through the Website will be accurate or reliable
• MEDQUICKRX disclaims all warranties as to the accuracy, completeness or adequacy of such information.

MEDQUICKRX disclaims all liabilities arising from manufacturing defects and the claims if any with regard to defect in manufacturing or otherwise shall be made directly on the manufacturer whose information in provided on the product. MEDQUICKRX may at its sole discretion assist User in providing any information that may be required with regard to the claim.

Order, Acceptance & Delivery:

Placement of an order either directly (in case of a repeat order or continuous drug administration as prescribed) shall constitute an agreement with us. All orders are subject to acceptance and confirmation of delivery date and time. Mere receipt of the prescription or an order either directly from you or from the registered medical practitioner does not amount to acceptance of your order nor guarantee that the drugs will be delivered as per your requirement within a specific time. All orders are subject to availability of stocks.

All orders made by the customers shall be subject to various laws, including Drugs and Cosmetics Act (as may be amended from time to time). We do not accept orders for certain drugs and cosmetics, unless the same is prescribed by the registered medical practitioner licensed by the Medical Counsel of India. We do not verify the authenticity of the orders placed by you, where the prescriptions are received directly from a registered medical practitioner licensed by the Medical Counsel of India or your family doctor, who has placed the order on your behalf after your authorization. All drugs and cosmetics will be deliver through a delivery agent without disclosing your personal information or prescriptions in compliance with the applicable laws either directly to the patient or its authorised person. On delivery MEDQUICKRX shall be entitled to full payment for the same.

You agree that the prices mentioned on our website or mobile app are approximate estimates of the actual/exact price of the drugs. The actual/exact price of the drug will depend upon its batch number and will be mentioned in the invoice dispatched to you along with your order. In case a pre-payment has been made by you basis the price estimate at the time of placing the order, should there be a shortfall upon generation of invoice, you undertake to pay the shortfall through any of the payment modes made available to you by us. In case the payment made by you basis the price estimate at the time of placing the order is more than the price as per the generated invoice, the excess payment will be refunded back to you in your bank account, credit card, debit card or wallet which may have been used by you at the time of making the payment.

Notification of errors:

You should check the items dispensed to you carefully promptly upon receipt. If you believe there may have been a dispensing error, you should contact us immediately and should not take or use any of the items.

Delivery of fulfilled prescriptions:

Prescription medicines will require a doorstep signature. Prescription items can only be dispensed once we have received your original paper prescription or online prescription from MEDQUICKRX registered doctor. All items are delivered to the address provided by you in your registration or to an alternative address if directed by you. You acknowledge and accept that items will need to be signed for on delivery and authorise any person at your chosen delivery address to sign for the items as your authorised representative. In the event that the packaging is opened after delivery, we will have no liability to you for lost or damaged items or for what third parties find out about you as a result.

Delivery and Packaging Costs:

• All orders with order value of INR 1000 or above will be delivered free of cost FOR Prepaid Online Payments and no delivery charges shall be applicable on such orders provided that the delivery is within serviceable areas.
• All orders with order value of INR 1000 or above will be delivered free of cost FOR Cash On Delivery Payments Rs 60 delivery charges shall be applicable on such orders provided that the delivery is within serviceable areas.
• All orders with order value less than INR 1000 will attract delivery charges of INR 60delivery charges shall be applicable on such orders provided that the delivery is within serviceable areas.
• All orders with order value less than INR 1000 will attract delivery charges FOR Cash On Delivery Payments INR 120 delivery charges shall be applicable on such orders provided that the delivery is within serviceable areas.
• Any delivery charges paid by the customer shall not be eligible for refund of the order is modified or replaced by the customer due to change in prescription or otherwise.

Acceptance of the Goods:

We request you to verify the complete details and the documents provided to you at before acceptance of the Goods. Any complaints with regard to shortage of Goods, defects or otherwise will not be entertained by MEDQUICKRX once the same are accepted at the time of delivery.

WARNING:

YOU MUST CHECK ALL ITEMS DISPENSED TO YOU AND SHOULD NOT TAKE ANY MEDICATION THAT APPEARS TO HAVE BEEN TAMPERED WITH OR WHICH MAY HAVE BEEN DISPENSED IN ERROR. FAILURE TO ABIDE BY THIS WARNING COULD SERIOUSLY DAMAGE YOUR HEALTH AND MEDQUICKRX SHALL NOT BE HELD LIABLE.

Information Technology Act:

Certain laws in India prohibit and impose restriction on use of the Website and you are advised to make familiar with those laws and not to post any information or messages that are, or that may be construed, as being malicious, defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.

Other Laws:

Certain laws require to maintain data with respect to the services, Goods and other personal information in a prescribed format and MEDQUICKRX will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.

Force Majeure:

MEDQUICKRX shall not be liable and to the extent, that the performance or delay in performance of any of its obligations are prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control and without the fault or negligence of such Party, including but not limited to change in legislation, fire, flood, explosion, epidemic, accident, act of God, war, riot, strike, lockout, traffic or other concerted act of workmen and/or act of Government. MEDQUICKRX may at its sole discretion withdraw the services or Goods if a Force Majeure event occurs.

Governing Law and Jurisdiction:

The Terms of Use are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Wes Bengal, India.

Acceptance of Terms and Conditions:

By Clicking on the “I have read and accept the terms and conditions” box at the bottom of the Registration Form, You indicate your acceptance of the above Terms and Conditions and you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or you wish terminate your registration as an Affiliate, you may not access or use the information and notify your intention to block your registration.

Customer Support Policy

It is clarified that the Company is purely an online intermediary connecting the sellers listed on MEDQUICKRX platform with consumers and we neither control nor have any ownership of the products sold through our platform. Thus, all concerns with the fitness, merchantability, and adequacy of the products are the responsibility of the seller/retail partners and we will employ our best efforts to assist in getting all such product-related concerns resolved through them.

You can contact our customer service team via a call to +919748227612 or send an email to [email protected] which provides the online resolution to your queries/complaints across channels. The team will respond to your concern/query within 24 business hours from receipt of your query/concern