These Terms of Service (the "Terms") are meant to inform you of your rights and duties in connection with your access to and use of the QuickMedsRx website at www.quickmedsrx.com (the "Site") and any related mobile or software applications (the "QuickMedsRx Platform"), including but not limited to information delivery via the website, whether now or in the future, that link to the Terms (collectively, the "Services").
www.quickmedsrx.com domain, is an internet-based website and quickmedsrx mobile application (app), is operated, governed and owned by Infinite Wellness Solutions Private Limited, a private limited company duly incorporated under the provisions of the Companies Act, 2013, (hereinafter referred to as “QuickMedsRx” “We” or “Our” or “Us” or “Company”). The term “Website” refers to both the domain name and the mobile application as a whole.
QuickMedsRx is internet based platform which facilitates
I.Users to online purchase of pharmaceutical/ wellness products sold by various third party pharmacies / vendors and manufactures collectively known as (“Third Party Pharmacies”);
II.User can use services of various third party diagnostic centres / Labs collectively known as (“Third Party Labs”);
III.User can use online medical consultancy services/ second opinion being offered by third party independent Medical doctors / specialists collectively known as (“Medical E-Consultant”); and
IV.Website advertisements of various sponsors advertising and marketing their own good and services collectively known as (“Third Party Advertisers”).
The term (Third Party Service Providers) will collectively be used for, Third Party Pharmacies, Third Party Labs, Medical Experts and the Third Party Advertisers.
* Access to the facilities / services can avail by such natural persons who have agreed to use the Website after completing the website registration procedures as determined by Us from time to time (referred to as "You" or "Your" or "Yourself" or "User," which terms shall also include natural persons accessing the Website merely as visitors).
* You accept and acknowledge that our internet based website is a platform where YOU and third party service provider utilize the facilities to meet and interact with each other for their transaction.
* Website contents will include information, graphics, logos, text, images, button icons, software code, design, and the collection, which will be provided by Third Party Service Providers’ content (“Third Party Content”) as well as our in-house content provided by quickmesdrx including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“quickmedsrx Content”) (collectively, “Content”). The quickmeds Content is the property of quickmeds and is protected under copyright, trademark and other applicable law(s). You shall not modify the quickmedsrx Content or reproduce, display, publicly perform, distribute, or otherwise use the quickmedsrx Content in any way for any public or commercial purpose or for personal gain.
* Other than these facilities / services we will also avail you discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, QuickMedsRx shall send to You (emailers, notifications, and messages are examples of promotional content).
* The (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
* Pharmacy Act, 1948 (“Pharmacy Act”) and
* The Consumer Protection Act, 1986.
* The Indian Contract Act, 1872 (“Contract Act”);
* The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
* The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
* The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
* Payment & Settlement System Act, 2007 (Act 51 of 2007) under section 18.
These Terms of Service are an electronic record as constituted by the Information Technology Act and the rules enacted thereunder, as revised from time to time.
A. ELIGIBLITY & YOUR ACCOUNT REGISTRATION
For using our website Services and transaction with the Third Party Service Providers, You are required to obtain registration, on QuickMedsRx portal.
Your Account and Registration Liabilities
* As part of the registration process, quickmedsrx will collect the following personal information from You:
Name; Age; Sex; Phone Number; Email address, Delivery Address (Exact Pin code), User ID (Created By User); Password chosen by the User; Valid financial account information; and any other details as You may voluntarily share with us.
* By agreeing You acknowledge that You would (a) create only 1 (single) account; (b) information provided should be accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (c) maintain and promptly update Your account information; (d) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (e) promptly notify quickmedsrx if You discover or otherwise suspect any security breaches relating to the Website; and (f) accept responsibility for all the activities that occur under Your account and assume the risk of unauthorised access..
* A registered id can only be used by the person who provided the information, and QuickMedsRx does not allow several people to use the same log in/registration id. However, a registered user who is also the parent or legal guardian of a person who is "incompetent to contract," such as children or persons of unsound mind, would be allowed to access and use the Website on behalf of such persons to procure the Services.
* Companies Organizations, and businesses are not liable to become registered members on the Website or use the Website through individual members.
* The Website utilizes temporary cookies to store data (not sensitive personal data or information) that is used by QuickMedsRx for Website technical administration, research and development, and User administration. QuickMedsRx may allow authorised third parties to instal or recognise a unique cookie on Your browser in the course of showing adverts or optimising services to You. QuickMedsRx does not store personally identifiable information in the cookies.
B: TERMS & CONDITIONS TO USE QUICKMEDSRX SERVICES
SERVICES OFFERED on QuickMedsRx portal
I.Provide E-Commerce Platform facilitating purchase of Medicines / Pharmaceuticals Products
II.Provide E-Commerce Platform facilitating Lab Services
III.Provide E-Commerce Platform facilitating E-Consultations
IV.Provide E-Commerce Platform facilitating Advertisements to Third Party Service providers.
(I). E-Commerce Platform facilitating purchase of Medicines / Pharmaceuticals Products
* QuickMedsRx enables you to buying of Medicines and pharmaceutical / wellness products and services, (Pharmaceutical Goods and Services) from Third Party Pharmacies vendors. By above mentioned arrangement You understand and agree that QuickMedsRx merely provide hosting services.
* Products for sale on the Website, as well as the content provided by the Third Party Pharmacies, are user-generated content and third-party products. QuickMedsRx has no control over such third-party user-generated content and/or Pharmaceutical Goods and Services, and does not - create or initiate the transmission, or select the sender/recipient of the transmission, or the information included within.
* The Third Party Pharmacies are solely responsible for the authenticity, genuineness, validity and quality of the Pharmaceutical Goods and Services made accessible through the Website by the Third Party Pharmacies.
* The User acknowledges and accepts that he or she is fully aware of the indications, adverse effects, medication interactions, and effects of missed doses or overdose of the medications purchased through the Platform. Before purchasing or consuming any medicines, it is essential to obtain expert guidance from a medical practitioner.
* You acknowledge and accept that QuickMedsRx assumes no responsibility, liability or cannot be held responsible with respect to the authenticity, any side effect, adverse reaction, or any untoward incidence, harm caused during or after use consumption of products sold by third party pharmacies vendors, as we merely provide hosting services to You and third party pharmacist vendors thorough our website.
* You acknowledge and agree that all commercial / contractual terms relating to the sale, purchase, delivery, and consumption of Pharmaceutical Goods and Services are offered by and agreed to between You and the Third Party Pharmacies, and that the contract for purchase of any Pharmaceutical Goods and Services offered for sale on the Website by the Third Party Pharmacies shall strictly be a contract between You and the Third Party Pharmacies.
Price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties linked to Pharmaceutical Goods and Services offered for sale by Third Party Pharmacies, and after sales services associated to such Pharmaceutical Goods and Services are all examples of commercial / contractual terms. QuickMedsRx has no control over, and does not determine, advise, or in any way participate in, such commercial / contractual conditions offered by and agreed to, between You and the Third Party Pharmacies.
* We process requests or procure for Schedule H/H1 Medicines once the valid Medical Prescription is uploaded on website.
* The QuickMedsRx is an internet based platform through which Users can purchase various medicines and pharmaceutical products that require a valid medical prescription duly signed from a medical expert/ doctor to be given to a certified registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), which are offered for sale on the Website by Third Party Pharmacies vendors.
* You must upload a scanned copy / photo of your valid prescription on the Website or email it to QuickMedsRx in order to process Prescription Drugs from Third Party Pharmacies vendors through the Website. Until QuickMedsRx obtains a copy of a valid prescription, the order will not be processed and forwarded to the applicable Third Party Pharmacy(s) vendors.
* Third Party Pharmacies vendors (Pharmacist) will verify the prescription you have forwarded, and if there is any discrepancy between the prescription you have forwarded and the prescription you have uploaded, the order will be cancelled immediately.
* You must also have the original prescription handy while receiving uploaded Prescription Drugs. You must allow the user delivery agent to check and stamp the original prescription at the time of medicine delivery; failing to do so medicine will not be handed over to you, and order will get cancel immediately.
* User agrees and understands that he/she will not repeat the use of prescription for which medicines (Specifically Schedule H/H1 drugs) have already been dispensed. In case a User found repeating the use of prescription, the Order will be cancelled immediately.
* We do not process requests for Schedule X and other habit-forming medications in accordance with the Drugs and Cosmetics Act of 1940 and the Drugs and Cosmetics Rules of 1945.
Substitution of Prescribed Medicines
You understand and accept that an order for a Prescription medicines alternative will only be processed only if the medical expert/ doctor has authorised any other equivalent generic drug to be administered in place of the Prescription medicines in the prescription, or if the prescription just contains the salt names rather than a specific brand name; or else you accept alternate brand name which contains the same salt name/ same content of drugs. You further acknowledge and accept that, absent the foregoing, the Third Party Pharmacy in question would not supply a substitute medicines in place of the Prescription medicines.
Procedure for Drug dispension and completion sale
Medicine / Pharmaceutical products dispension and invoice/ bill generation will lead to completion sale agreement between you and third party pharmacy vendors.
Medicine / Pharmaceutical products would be dispensed at the pharmacy, in accordance with the conditions of the order placed by You, upon acceptance of the Offer by the concerned Third Party Pharmacy (being the brick and mortar pharmacy). Where authorised by law, such dispensing shall also take place under the direct/personal supervision of the pharmacist of the Third Party Pharmacy (s) vendors.
You agree and accept that upon the dispensation of Medicine / Pharmaceutical products and the raising of the invoice at the concerned Third Party Pharmacy, the property and title in the Pharmaceutical Drugs and Services ordered by You will be instantly transferred to You. As a result, the sale of Medicine / Pharmaceutical products takes place at the Third Party Pharmacy in question.
The invoice for the Medicine / Pharmaceutical products that must be delivered to You will be issued by the concerned Third Party Pharmacy (being the brick and mortar pharmacy) that is responsible for processing and fulfilling the order for such Pharmaceutical Drugs and Services.
Medicine / Pharmaceutical Products Pricing
All pricing published on the QuickMedsRx Platform were given by the Third Part Pharmacy Vendors at the time of publishing and have been entered exactly as received by the Third Part Pharmacy Vendors. While we do our best to keep them up to date, the actual price paid to you by the Third Part Pharmacy Vendors at the time of delivery may change.
In the case of a pricing discrepancy between the price displayed on the QuickMedsRx Platform and the price charged by the Third Part Pharmacy Vendors, the price charged by the Third Part Pharmacy Vendors shall be assumed to be the accurate pricing, with the exception of the QuickMedsRx Delivery Charge.
Unless otherwise stated, all products displayed on the Platform will be sold at MRP. The prices on the QuickMedsRx Platform are those that have been obtained from the Third Part Pharmacy Vendors (s). The final price that the Third Part Pharmacy Vendors (s) charges you may change at the time of delivery. In the case of a pricing discrepancy between the price displayed on the QuickMedsRx Platform and the price charged by the Third Part Pharmacy Vendors (s), the price charged by the Third Part Pharmacy Vendors (s) shall be regarded to be the correct pricing, with the exception of QuickMedsRx's Delivery Charge. If the prices are higher or lower on the day of delivery, extra charges will be collected or reimbursed, depending on the situation, at the time the purchase is delivered.
Delivery of Medicines and pharmaceutical products by User Delivery Partners (Agents)
You agree to choose / appoint an person to act as Your agent and collect the medicines/ pharmaceutical products that you have requested from a Third Party Pharmacy on your behalf ("User Delivery Partner/ Agent").
You accept and give authorization/ consent to User Delivery Agent by clicking the "I authorize" button.
You accept, acknowledge and authorize that the courier/delivery personnel employed by the Retail Pharmacies or the Company will act as User delivery Agents for the delivery of Pharmaceutical Drugs and Services from the concerned Retail Pharmacies to the address provided by You, with no control over the medicines and pharmaceutical products and no additional obligations other than standard delivery obligations and duties.
You also accept and understand that the user delivery partner (Agent) will collect the medicines/ pharmaceutical products from the Third Party Pharmacy on Your behalf. The services are provided by the user delivery partner (Agent) with Your permission, and the Company is only facilitating the connection between You and the user delivery partner (Agent).
The acceptance by a user delivery partner (Agent) of your order for delivery shall constitute a contract of service between you and the user delivery partner (Agent) under the Consumer Protection Act, 2019 or any successor legislations, to which QuickMedsRx is not a party under any relevant law. It should be noted that QuickMedsRx does not offer delivery or logistical services, but rather facilitates the delivery of Medicines / Pharmaceutical products requested by users via the QuickMedsRx Platform by linking them with user delivery partner (Agent) and Third party pharmacy vendors, as the case may be.
QuickMedsRx shall not be liable for any acts or omissions on the part of the user delivery partner (Agent), including deficiency in service, incorrect delivery of the order, time required to deliver the order, order package tampering, and so on, if QuickMedsRx is enabling delivery of an order placed by you.
User delivery partner (Agent), the Third party pharmacy vendors, may charge you a delivery fee for the delivery of your order, as determined by the user delivery partner (Agent), the Third party pharmacy vendors, ("Delivery Charges").
You agree that QuickMedsRx is permitted to collect the Delivery Charges for the delivery service offered by the Third party pharmacy vendors, or the user delivery partner (Agent), as the case may be, on behalf of the Third party pharmacy vendors, the user delivery partner (Agent).
The Delivery Charges may differ from order to order, depending on a variety of criteria including, but not limited to, Third Party Pharmacy Vendors, order amount, distance, and time of day.
QuickMedsRx will notify you of any applicable Delivery Charges, but you will be liable for any Delivery Charges incurred for your order regardless of whether you are aware of such Delivery Charges.
In addition to the Delivery Charges, you may be charged a delivery surge fee for delivery of your order facilitated by the user delivery partner (Agent), the Third Party Pharmacy Vendors, which is determined based on a variety of factors such as distance travelled, time taken, demand for delivery, real-time traffic and weather analysis, seasonal peaks, and so on.
You agree that QuickMedsRx is permitted to collect the Delivery Surge for the delivery service provided by the Third Party Pharmacy Vendors, or the User Delivery Partner (Agent), as the case may be, on behalf of the Third Party Pharmacy Vendors, the user delivery partner (Agent). The Delivery Surge may vary from order to order, depending on a variety of criteria such as Third Party Pharmacy Vendors, order value, distance, and demand during peak hours, to name a few. QuickMedsRx will make reasonable attempts to notify you of any applicable Delivery Surge, but you will be liable for any Delivery Surge incurred for your order regardless of whether you are aware of such Delivery Surge.
Location Based Delivery Services.
You understand and agree that You must disclose/ share Your geo-location information (Pincode) in order to provide Quick delivery Services to user delivery partner (Agent) via the Platform. You acknowledge and agree that: (a) QuickMedsRx will monitor and track your geolocation information when You are logged into Your Account on the Platform and available to receive requests for providing delivery Services from Users. In addition, for safety, security, technical, marketing, and commercial purposes, including to deliver and improve services, QuickMedsRx may monitor, track, and share Your geolocation information collected by the Platform and user delivery partner (Agent) Device, as the case may be.
Invitation to make a purchase offer
You are making an offer to engage into an agreement with the Third Party Pharmacies (“Offer”) when you place an order. Following receipt of the Offer from the Third Party Pharmacies,
QuickMedsRx will send You an email including information about the Offer as well as the contact information for the Third Party Pharmacy(s) that may handle the transaction; nevertheless, such an email will not be regarded an acceptance of the Offer.
The Third Party Pharmacy(s) would only accept the Offer after validating/ verifying the prescription (in the case of Prescription Drugs) and determining the available stock at the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), via a confirmatory email to be sent.
Legal title / Warranties Representations
QuickMedsRX provides no guarantee or warranty as to the legal title of the Pharmaceutical Goods and Services provided for sale on the Website by Third Party Pharmacies. No right, title, claim, or interest in the products sold through or featured on the Website shall ever vest in QuickMedsRx, and QuickMedsRx shall have no responsibilities or responsibilities in connection with any transactions on the Website. You agree and understand that the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers, will always own the inventory with required licences of such Pharmaceutical Goods and Services.
You accept and understand that Third Party Pharmacies will be completely responsible, for any assertions / liability/ damages that may arise if it is discovered that such Third Party Pharmacies do not have sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies, or did not have the absolute legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies.
Non-Performance of Contract
You accept and acknowledge the following:
QuickMedsRx is not liable in any circumstance for any unsatisfactory, non-performance, delay, or breach of the contract entered into between You and the Third Party Pharmacies for the purchase and sale of goods or services offered by such Third Party Pharmacies on the Website;
QuickMedsRx cannot and does not guarantee that any transaction undertaken on the Website will be completed by the concerned Third Party Pharmacies.
The Third Party Pharmacy(s) vendors are entirely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock to ensure that orders are fulfilled successfully. As a result, QuickmedsRx is not liable if the Third Party Pharmacy(s) fails to fulfil the contract for the sale of Pharmaceutical Goods and Services that are out of stock, back ordered, or otherwise unavailable, but which were listed as available on the Website at the time of Your transaction; and
QuickmedsRx is not obligated to arbitrate or resolve any disputes or disagreements between You and Third Party Pharmacies vendors. In particular, QuickmedsRx does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.
Display of Medicines and publication given by Third Party Pharmacies / vendors content on the Website
* You hereby agree and accept that the Third Party Pharmacies vendors are displaying Third Party Content on the Website, which comprises a catalogue of drugs, medicines/ pharmaceutical products or services, as well as information about such drugs/ pharmaceutical products or services.
* The Third Party Content displayed on the Website, such as text, audio, video, copy, photographs, illustrations, graphics, and other visuals, is provided for informational purposes only and does not constitute an advertisement or promotion of any drug offered for sale by Third Party Pharmacies on the Website, nor does it constitute professional medical advice, diagnosis, or treatment.
* Users understand and agree that such Third Party Pharmacies are entirely responsible for ensuring that any Third Party Content made accessible regarding the Pharmaceutical Goods and Services offered for sale on the Website is accurate and does not mislead.
* In this regard, it is exclusively the duty of the relevant Third Party Pharmacy(s) to ensure that all such material is true in every way and that there is no exaggeration or overemphasis on the specifics of such Pharmaceutical Goods and Services in order to mislead the Users in any way.
You recognise and accept that QuickMedsRx makes no guarantee or claim as to the accuracy or reliability of the material on the Website, and that You must conduct Your own independent investigation. You accept and recognise that QuickMedsRx has no involvement in determining the actual impact/effect of any Pharmaceutical Goods and Services provided for sale on the Website by Third Party Pharmacies. Furthermore, it is stated that Third Party Pharmacies are selling Pharmaceutical Goods and Services to You and are responsible for obtaining the necessary licences under the Drugs Act, Drug Rules, and Pharmacy Act. You agree that you will not hold QuickMedsRx accountable or accountable for any damages resulting from your reliance on third-party user-generated material.
QuickMedsRx is not a manufacturer, seller, or distributor of Medicines / Pharmaceutical Products; rather, it places orders on behalf of users with Third Party Pharmacy Vendors (s)and facilitates the sale and purchase of Medicines / Pharmaceutical Products between User and Third Party Pharmacy Vendors (s)
QuickMedsRx is not responsible for any acts or omissions on the part of the third Party Pharmacy Vendors (s), such as poor service, improper order delivery / order mismatch, quality, improper pricing, insufficient amount, time needed to deliver the order, and so on.
Any warranty/guarantee of the Medicines / Pharmaceutical Products provided to the user shall be exclusively the responsibility of the Third Party Pharmacy Vendors (s) and in no circumstance shall be the responsibility of QuickMedsRx.
When placing an order, you will be asked to supply specific information, such as your phone number and delivery address. You agree to provide these facts with extreme caution and warrant that they are correct and full at the time of placing an Order. By submitting this information, you agree QuickMedsRx terms and privacy policies.
Medicines / Pharmaceutical Products acquired over the QuickMedsRx Platform, may not be resold by you or anyone on your behalf.
When you make an order on the QuickMedsRx Platform, the entire price for the Medicines / Pharmaceutical Products you requested, including Delivery Costs and other charges, will be displayed, which may be rounded up to the nearest amount. Customers must pay in full for any Medicines / Pharmaceutical Products bought through the QuickMedsRx Platform.
Any amount charged to you by QuickMedsRx in excess of the order value is inclusive of any applicable taxes.
The delivery times indicated at the time of ordering are simply estimates and are subject to change.
You may only use your Personal Promo code if you agree to the terms and restrictions put out by QuickMedsRx from time to time.
QuickMedsRx facilitates Users to access diagnostic test/package services provided by third-party labs (“Labs”).
The following are the terms and conditions for using the Diagnostic Services:
QuickMedsRx delivers Services through the Website as a marketplace, allowing Users to access diagnostic test/package services provided by Third Party Labs via the Website. QuickMedsRx is not and will not be liable for any sample collected, tests performed, or reports created by Third Party Labs, and does not interact with any of Third Party Labs' clients or patients managed through the Website, instead just providing facilitation services to the Users.
QuickMedsRx will provide basic support for the Services to Third Party Labs except for (I) planned downtime or (ii) any unavailability caused by circumstances beyond QuickMedsRx's reasonable control, including without limitation Force Majeure Events (as defined herein below). Only in line with applicable law(s) and government regulations shall QuickMedsRx deliver the Services.
Regardless of anything mentioned herein to the contrary, Third Party Labs shall be solely responsible for their dealings and interactions with Users who use the services of Third Party Labs or diagnostic centres contacted or administered through the Website, and QuickMedsRx shall have no obligation or responsibility in this regard. QuickMedsRx does not guarantee or represent the reliability, completeness, or accuracy of the tests performed or reports generated by Third Party Labs or any information or details submitted by such User, Third Party Labs, any diagnostic centre, or any other third party through the Website. The Services should not be utilised for making last-minute appointments.
Third party Phlebotomy technicians / Laboratory technician (collectively called as Lab Technician), these are properly trained personals and having valid qualification for samples collection. These Lab Technician are employed by the Third Party Labs or independent Lab technicians who have self-enrolled on our website to provide services, by this arrangement, We merely provide hosting services between you, lab technician and Third party labs through website.
Lab technicians will follow Best practices in phlebotomy like disposable syringes, gloves, alcohol swabs, bandage to cover puncture site, a container with cool bags for transportation of the sample to the laboratory.
* You agree to choose / appoint these as Your Lab Technician to collect samples in the form of Blood, urine, Feces, and Suptum etc (Collectively called as Lab samples) in proper containers as per the test(s) adviced by your Doctor.
Lab technician will collect lab samples on Behalf of Third party Labs, and submit these samples in proper condition to the concerned labs for further processing.
You accept and acknowledge that if any complications (Like hematoma, Arteriospasm, nerve damage, fainting, infection, phlebitis, any injury, etc) arise during sample collection in such situation the entire responsibility will be hold by Lab Technician / Third party Labs, in such scenario QuickMedsRx assumes no responsibility, liability or cannot be held responsible in any way.
After sample processing, test result will be mailed to you or lese you can access it through your QuickMedsRx account.
QuickMedsRx is an online health care platform that gives users access to a variety online-connected health products and services as well as health-related information and resources.
Third-party empanelled doctors/ physicians (collectively called as Medical E-Consultant) who are are independent contractors enrolled to our website and offer their services on their will as (second opinion), these medical E-Consultants at QuickMedsRx are not "Your" doctor/ physician or healthcare provider.
QuickMedsRx does not take the replace your relationship with your doctor / physician or healthcare provider (NO Doctor-Patient Relationship).
Advice or opinion given by Medical E-Consultant SHOULD NOT be relied upon as a substitute for expert / sound opinion, advice, evaluation or treatment from your doctor or another qualified health care provider. In fact Advice or opinion given by Medical E-Consultant during should be considered as second opinion, because during E-consultation, Medical E-Consultant has not checked you clinically / physically in fact he has given you the advice on history / facts you have told and the investigation you have sent to him.
Empanelled third party registered medical practitioners (Medical E-Consultants)
Any third-party empanelled medical E-Consultants information may be published on the Website, including but not limited to their name, pictures, qualifications, experience, and specialties, is provided solely for informational reasons and shall not be construed as an advertisement of the doctor or the services provided by such doctor (Medical E-Consultant).
You acknowledge and accept that the empanelled third-party medical E-Consultant are independent contractors and thereby QuickMedsRx has an independent contractor relationship with such Medical E-Consultant, whose services are used with your implied/ explicit consent, and therefore in no event QuickMedsRx will be directly or vicariously liable for any advice or medical consultancy or any loss arising from the third party empanelled medical E-Consultants, either directly or indirectly.
You acknowledge that the e-prescription given by the medical E-Consultants may not be a legitimate prescription under Indian law(s) and may not be used for dispensing medicines by any pharmacist, including Third Party Pharmacies, in certain circumstances.
You further agree and acknowledge that if you ask us to process an e-prescription or any other type of prescription (whether original or scanned copy of the original prescription) for the purpose of facilitating medicine orders, we will only act as an aggregator and will not be responsible or liable for the medicines' dispensation, but it will always be at your own risk and the sole responsibility of the Third Party Pharmacies supplying the medicines to you.
You acknowledge that, while any of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by medical professionals, the provision of such Information does not create a doctor-patient relationship. Everything on the website should only be used as a source of information.
QuickMedsRx is intended to assist You in making health decisions and choices. These are Your decisions and choices, and We believe that you are the greatest decision maker for Your health, based on the advice You receive from Your doctor or other professional healthcare provider.
We are unable to make decisions on your behalf. We can, however, assist You in locating reliable health information and connecting with doctors for in-person consultations.
On QuickMedsRx, you can ask and get educational and instructive inquiries from Medical E-Consultants. Although the website is not intended for the practise of medicine, Medical Experts on the site can provide trustworthy, up-to-date general health information.
Personal medical advice, treatment, or diagnosis are not permitted through the Website, even if Your real-life doctor is on QuickMedsRx, and by using the Website, You agree not to seek these or use any information as if it were personal advice, treatment, or diagnosis. You should contact Your physician or professional healthcare practitioner for personal medical advice, treatment, or diagnosis whenever possible.
The Company makes no recommendations for any registered medical practitioner(s), tests, products, viewpoints, or other material mentioned on the Website. It is entirely at Your own responsibility to rely on any information supplied on the Website. At all times, you should heed your doctor's recommendations.
The services are not intended for use in medical emergencies or serious health crises that necessitate immediate medical intervention. Because the Services are not designed to be real-time and may not be the ideal answer when a face-to-face consultation is required, In case of any medical emergency, We strongly advise You to seek medical advice as soon as possible without any delay.
You shall not make any decision on any medical emergency or medical concern without first visiting Your Doctor, and You shall not postpone seeking medical advice because of something You may have heard or seen on the Website.
You are solely responsible for verifying the accuracy of the information given, and QuickMedsRx will make no attempt to validate any information given by You for use of the Services in terms of content, correctness, or usability.
We may ask You to disclose additional information as needed in order to provide the best services available.
The opinions, statements, answers / replies, and tele-consultations (collectively "Consultation") provided by Medical E-Consultants through the Website are solely their own and independent opinions and statements, and do not reflect the opinions of QuickMedsRx, its affiliates etc.
QuickMedsRx provides no guarantee that the Services will suit Your needs, or that the Service(s) will be available at all times, or that they will be secure or error-free.
This includes any data loss or service disruption caused by Company personnel. The Company is not liable for data corruption or transmission failures.
QuickMedsRx does not promote or advocate any specific tests, physicians, products, procedures, viewpoints, or other material mentioned on the Website.
The presence of professionals, specialists, and/or Medical Experts on the Website or in any professional directory on the Website does not indicate endorsement or recommendation of such specialists and/ or Medical Experts, nor is such information intended to be used to validate the credentials, qualifications, or skills of any specialists and/ or Medical Experts listed therein. Such information is supplied "as is," and QuickMedsRx expressly disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and suitability for a particular purpose.
QuickMedsRx (its owners and employees), Medical Experts, and third-party experts who provide services through the Website take no responsibility for any medical, legal, or financial events or outcomes resulting from the use of the Website's services.
QuickMedsRx provides no guarantee that the Services will satisfy Your needs, or that they will be available at all times, or that they will be secure or error-free. This includes any data loss or service interruption caused by employees of QuickMedsRx. QuickMedsRx is not liable for data corruption or transmission issues.
QuickMedsRx is for personal use, and the Services are intended to assist individuals in making their own health decisions. You may use the Website for personal reasons only; however, you may not utilise it for commercial purposes.
It is forbidden to use the Website for illicit purposes. Any illegal use of the information and services is prohibited. You may not use our networks, computers, or Information and Services in any way that could harm, disable, overburden, or impair them, or interfere with the use and enjoyment of others.
You may not attempt to gain unauthorised access to the Website, the Information, or Services, or any other accounts, computer systems, or networks connected to the Website, the Information, or Services. You may not access the Website, the Information, or the Services using any automated means (such as a scraper). Using another person's login credentials to access his or her QuickMedsRx profile/account is one example of unauthorised access.
Any effort by any individual or entity to get login information from another user or Medical Expert, or to gain access to such an account, is a clear and direct violation of these Terms of Service and applicable law(s), including relevant privacy and security laws, as well as laws banning unfair or unethical business activities.
On Our website Your right to use the Services is not transferable
Regardless of anything else in this Agreement, You are solely responsible for Your interactions and dealings with patients or Medical Experts (as the case may be) contacted or managed through the Website, and QuickMedsRx has no obligation or responsibility in this regard. QuickMedsRx makes no assurance or warranty as to the correctness, completeness, or accuracy of any information or detail provided by such client, patient, User, Medical Experts, or any other third party through the Website. The Services should not be utilised for making last-minute appointments.
The interactions between the Medical Experts and the patient via the chat window or over the phone (as the case may be) as well as the e-prescription would be available to QuickMedsRx for the purposes of measuring the consultation's quality.
The Services should not be relied upon or used as a substitute for seeking medical advice, since the consultation given through the Website is generic in nature and will not and cannot replace actual consultation with a doctor. Furthermore, the Website's consultations are not diagnostic in nature.
While the Website makes a sincere effort to present Users with the most up-to-date medical information,
* Medical E-Consultant will not be clinically / physically examining you, he may not have access to all or part of Your medical history, Investigation, reports, which may be necessary for consultation.
* The Medical E-Consultant will not have access to information derived via an in-person examination, observation of Your physical state, or review of Your medical records.
* This indicates that the services given are not the same as physical face to face doctor.
* As a result, the Medical E-Consultant may be unaware of facts or information that may influence their assessment of Your diagnosis.
* To reduce the possibility of this restriction, QuickMedsRx highly advises You to contact a local physician and communicate the QuickMedsRx's opinion with him or her, if local physician same opinion then only start treatment.
You acknowledge and accept that by requesting a E-Consultation through the Website, you are acknowledging and agreeing to the following:
* The diagnosis advice/information/opinion You may receive may be limited and provisional.
* The Medical E-Consultation is not meant to replace a face-to-face consultation with a physician, but it does replace a doctor-patient relationship.
* If there is difference of opinion between Medical E-Consultant and Your physician in such scenario, You would be responsible for deciding whether to seek a second opinion online or offline, and whether to proceed with a procedure or treatment.
* Because the Medical E-Consultant relies on information provided by You, any information found to be false, misleading, or incomplete will render the opinion and any facts contained therein null and void.
* In some situations, the Medical E-Consultant may judge that the information transmitted is of poor quality and may request additional information, failing which he or she may refuse to respond to the enquiry.
* In exceptional situations, Medical E-Consultant may believe that the query cannot be answered without personally examining the patient/users, and the Consultation may be cancelled immediately.
* Security protocols could fail in extremely rare cases, resulting in a violation of personal medical information privacy; and
* Delays in medical evaluation and responses may arise as a result of service flaws or failures as described in these Terms of Service.
We facilitate and allow Third Party Advertisers to post adverts on the Website as part of the Services we provide. As a result, Third Party Advertisers must adhere to certain criteria (described below) while placing such advertisements (the "Advertising Policy").
Third Party Advertisers must be truthful about the products or services they promote; the advertisement must not create unrealistic expectations and must not be deceptive or offensive; the advertisement must be responsible and adhere to the highest standards, without jeopardising consumer protection. The Advertising Policy applies to all advertising on the Website, whether they are listed or seek to be included.
QuickMedsRx has the right to edit or remove any content on the Website without warning or responsibility. Third Party Advertisers are also responsible for ensuring that their advertising comply with all relevant laws in India and any other country in which they operate, as well as industry guidelines, rules, and regulations in each geographic region in which the advertising will appear. All disclosures in ads must be unambiguous and clear.
All advertisements are subject to QuickMedsRx's approval and review. QuickMedsRx has the right, at its sole discretion, to reject or delete any advertisement for any reason. Furthermore, QuickMedsRx reserves the right to seek changes to any advertisement, as well as the right to demand factual evidence for any claim made in an advertisement.
Prohibited Content for advertisements:
Advertisements must not violate any person's or entity's intellectual property, privacy, publicity, copyright, or other legal rights. Advertisements cannot be deceptive, false, misleading, fraudulent, defamatory, or misleading.
Advertisements containing the following content are prohibited:
The following types of advertisements are not permitted:
a. Content that denigrates, degrades, or displays hatred toward a specific race, gender, culture, nationality, religion, or belief, or any member of a protected class;
b. Nudity, sexual behaviour, or obscene gestures are all examples of inappropriate content.
content that shows drug use
c. content that depicts severe violence, including animal cruelty;
d. Content that is shocking, sensational, or disrespectful;
e. Fraudulent, false, or misleading materials, such as statements, promises, or commercial practises that are deceitful, false, or misleading;
f. content that encourages users to phishing links, malware, or other malicious software or websites; and
g. content that leads users to provide personal information without their knowledge or under false pretences to companies who resell, trade, or otherwise exploit that information.
The following products and services are not allowed to be advertised:
a. Other than contraception, adult products and services are prohibited; see below
b. cigarettes, cigars, smokeless tobacco (Gutkha, pan masala, khara, khaini ), and other tobacco goods (including e-cigarettes);
c. Software or cable signal descramblers, for example, are examples of products or services that circumvent copyright protection.
d. products or services primarily dedicated to the sale of counterfeit goods or the infringement of copyright
e. get-rich-quick scams, pyramid schemes, or other deceptive or fraudulent offerings;;
f. Prohibited or recreational drugs or drug accessories
Products that are counterfeit, fake, or bootleg, as well as reproductions or imitations of designer items;
g. guns, weapons, ammunition, or accessories;
h. advertising that promote certain securities or claim to disclose or imply insider information;
i. any illegal conduct, product, or enterprise;
j. Medicines and supplements that have not been approved by the FDA
k. prescription drugs;
l. items that have received government or regulatory action or a warning
m. items with names that are confusingly similar to an unapproved pharmaceutical, supplement, or controlled substance;
n. anything that directly advertises products to children under the age of 13 or is intended to entice them.
Prohibited Advertisements under the Drugs and Magic Act:
No individual shall take part in the publication of any advertisement referring to any drug that suggests or is likely to lead to the use of that substance for – subject to the requirements of the Drugs and Magic Act.
a. the procurement of an early abortion in women or the prevention of conception in women;
b. the preservation or enhancement of a person's capability for sexual pleasure
c. the treatment of women's menstrual disorders;; or
d. the diagnosis, cure, mitigation, treatment, or prevention of any disease, disorder, or condition listed in the Drugs and Magic Act's schedule, or any other disease, disorder, or condition (by whatever name called) included in the Drugs and Magic Act's regulations; or provided that no such rule shall be made unless:
i: in the case of any disease, ailment, or condition that necessitates prompt medical attention or for which there are no commonly approved treatments; or
e. prohibition of misleading advertisements relating to drugs
f. Subject to the requirements of the Drugs and Magic Act, no one shall participate in the publication of any drug advertisement if the advertisement contains any information that:
conveys a deceptive impression about the genuine nature of the substance, either directly or indirectly; or
g. makes a false claim for the drug; or
h. is otherwise false or misleading in any material particular.
It is clarified that Third Party Advertisers would abide by the requirements of the Drugs and Magic Act, as well as any restrictions enacted thereunder. Furthermore, the Third Party Advertisers agree to be completely responsible for any penalty or action imposed by governmental authorities as a result of non-compliance with the Drugs and Magic Act and its restrictions.
Advertisements in the following areas are limited and require individual approval:
advertising that promote or allude to the consumption of alcoholic beverages; online dating service advertisements, ads for skill games and gambling; Lotteries advertisements; financial services advertising; contraceptive advertisements; ads for pharmacies or medications available online; and political promotions.
Testimonials & Endorsements:
Advertisements containing testimonials and endorsements must adhere to all applicable laws, industry norms, rules, and regulations. If an endorser's results were abnormal or if the endorser was paid, for example, a clear and obvious disclaimer is necessary.
QuickMedsRx distinguishes between advertising and sponsored material and editorial material and maintains this distinction. All advertising and sponsored content on the Company's website will be labelled clearly and unambiguously; and A click on an advertising may only take the User to the Third Party Advertiser's website (s).
QuickmedsRx drafts its own Content on the Website for informative reasons only and does not represent professional medical advice, diagnosis, treatment, or recommendations of any sort as part of the Services. QuickmedsRx of content must adhere to the following requirements and information:
Storage of Personal Information
* QuickMedsRx account is designed to keep track of Your medical Consultations as well as your personal health information, such as history, medical conditions, allergies, and prescriptions, online.
* Any information you submit during an online Consultation or collect via your usage of the Services becomes part of Your QuickMedsRx record. You are liable to submit correct information to assist Us in serving You to the best of Our ability, to review such information on a regular basis, and to update such information as needed.
a. the sort of data or information collected from users, such as sensitive personal data or information;
b. the information's purpose, method, and modes of use; and
c. QuickMedsRx will disclose such information in the following manner and to whom.
e. the mere fact that data is being gathered;
f. the reason for which the data is being gathered;
g. the information's intended recipients;
h. the name and address of the agency collecting the data, as well as the agency that will keep the data; and
i. the numerous rights that such Users have in relation to such information
* QuickMedsRx will not be held liable in any way for the accuracy of any personal information, sensitive personal data, or information provided by Users to QuickMedsRx or any other person acting on its behalf.
* Users are responsible for keeping their account access details and password confidential. Users are liable for all uses of their account and password, whether or not they have allowed it. Any real or suspected unauthorised use of the Users' account or password must be immediately reported to QuickMedsRx.
* If an User provides any information that is not true incorrect, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if QuickMedsRx has reasonable grounds to suspect that such information is incorrect, inaccurate, not current, or incomplete, QuickMedsRx has the right to suspend or cancel the User's account.
Registration on the Website is free, and so is access to the information it provides.
The Quickmedsrx website does not charge any fees for access, browsing, or purchasing on the website.
You agree to make any payments for Pharmaceutical Goods and Services purchased from Third Party Pharmacies directly to such Third Party Pharmacies. The Third Party Pharmacies may choose to collect such payment from You either personally or through the services of collection agencies who have been lawfully engaged in this regard. You agree and recognise that QuickMedsRx will not be held liable for any loss or damage suffered by You during the process as a result of any acts or omissions on the part of third parties, such as Third Party Pharmacies or collection agencies, or for any actions/ omissions beyond QuickMedsRx's control.
Third Party Labs undertake to pay any package costs, consulting fees, and other fees applicable to the Third Party Labs use of the diagnostic services obtained through the Website, and Third Party Labs agree not to evade the cost structure. The fee is determined by the bundle that Third Party Labs purchase, not by actual Service consumption. Users agree to make all payments directly to the individual Third Party Labs for use of the diagnostic Services from the Website while using the diagnostic Services. You agree and recognise that you will not hold QuickMedsRx liable for any loss or damage you suffer during the process as a result of any actions or omissions on the part of the Third Party Labs, or any other actions/ omissions beyond QuickMedsRx s control.
All taxes, legal compliances, statutory registrations, and reporting are completely the responsibility of each User / Third Party Service Provider. Except for its own income tax, QuickMedsRx is not accountable for any of the taxes.
Subscription fees for the Services, if any are charged by QuickMedsRx, can be paid online using the Website's payment option. To conduct online fee payments, third-party support and services are required. Because these third parties are beyond QuickMedsRx's control, QuickMedsRx is not responsible for any loss or harm caused to Users/Third Party Service Providers during this procedure.
All fees are exclusive of applicable taxes
QuickMedsRx retains the right to change the pricing structure at any time by posting a notice on the website, which will be considered a genuine and agreed-upon communication.
Available payment methods: Wallets: Paytm, AmazonPay, Mobikwik, AirtelMoney, Freecharge, OlaMoney, JIO Money, PhonePe, MPESA UPI – BHIM and GooglePay. All debit and credit cards. Cash on delivery for offline payments.
Applicable payment charges: No charges levied
Details, including contact information of all payment service providers:
Payment Service Providers Contact Information
JIO Money (https://www.jiomoney.com/contactus.html),
MPESA UPI – BHIM (https://www.bhimupi.org.in/get-touch)
Security details in relation to payment methods: API integrated.
Charge-back options: No.
We accept returns and refunds for products and services purchased on the Website, but only under the terms and conditions set forth in our return, refund, cancellation, and shipping costs policy (“Return and Refund Policy”). The Return and Refund Policy is an important component of these Terms of Service, and Users should read it carefully.
A covenant is a formal written agreement between two or more people or groups of people which is recognized in law.
Each Covenanter agrees not to do anything, including posting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that –
* belongs to someone else and to which the Covenanter has no legal claim;
* is blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically unpleasant, insulting, harmful relating or inciting money laundering or gambling, or otherwise forbidden in any way;
* Infringes on a third party's patent, trademark, copyright, or other intellectual property rights;
* violates any already in effect laws;
* impersonates someone else;
* in any form harms minors;
* any misleads or deceives the addressee regarding the origin of such messages, or conveys any material that is extremely offensive or menacing;
* contains computer viruses or other computer code, files, or programmes designed to disrupt, destroy, or limit the usefulness of any computer resource;
* is illegal under current law(s), including the Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as modified from time to time, and the rules issued thereunder; and
* affects India's unity, integrity, defence, security, or sovereignty, cordial relations with foreign states, or public order, or creates inducement to commit any cognizable offence, hampers investigation of any offence, or insults any other nation
You are also not permitted to:
* infringing or attempting to violate the Website's or any QuickMedsRx Content's integrity or security;
* providing any information on or through the Website that is disruptive or competitive to QuickMedsRx 's provision of Services (including job postings, communications, and hyperlinks);
* Deliberately submitting any incomplete, fraudulent, or inaccurate information on the Website;
* contacting other Covenanters without their permission;
* navigating or searching the Website using any engine, software, tool, agent, or other method or mechanism (such as spiders, robots, avatars, or intelligent agents);
* attempting to read, decompile, disassemble, or reverse engineer the Website in any way;
* duplicating or reproducing any of the QuickMedsRx Content or other information available on the Website in any way; and
* any QuickMedsRx content framing, hotlinking, or deeplinking
The Other Parties will not hold QuickMedsRx accountable or responsible in any manner for any disclosures made by QuickMedsRx under SPI Rule 6 Regulation 6.
* The Services offered by QuickMedsRx or any of its licensors, providers, or Third Party Service Providers are provided "as is," with no warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).
* QuickMedsRx makes no explicit or implied towards representations, warranties, or guarantees regarding the Website or the Services. QuickMedsRx does not verify any content or information provided by the Other Parties on the Website, and disclaims all liability arising out of the Other Parties' use or reliance on the Website, the Services, the QuickMedsRx Content, Third Party Contents, representations and warranties made by the Other Parties on the Website, or any loss arising out of the manner in which service have been delivered.
* Third-party websites, affiliates, and business partners' websites may be connected to the Website. QuickmMedsRx has no control over, and is not accountable or responsible, for the content, correctness, validity, reliability, or quality of websites linked to or through the Website. The presence of a link on the Website does not mean that QuickMeddsRx recommends the connected site. Other parties may use the links and services at their own risk.
* QuickMedsRx will not be held liable for any accidents or mishaps/missed services as a result of the Other Parties' failure to deliver service or no show; QuickMedsRx will not be held liable for any errors in the services offered by the Third Party Service Providers.
Users understand and accept that QuickMedsRx makes no representation or provides any guarantee or warranty (whether express or implied, or arising by virtue of a statute or otherwise in law, or from a course of dealing, usage, or trade) in relation to the goods/products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (a) are merchantable; (b) are fit for the purpose for which they are to be (or have been) purchased; (c) contain an accurate description; (d) do not cause any infringement; and (e) that the Third Party Service Providers have legal ownership to the goods/products offered for sale on the Website. QuickMedsRx additionally makes no representations or warranties (express or implied) concerning the Website or any of the Services supplied or services supplied or provided by Third Party Service Providers.
In addition, the Other Parties understand and acknowledge that QuickMedsRx does not authenticate any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties' use or reliance upon the Website, the Services, the QuickMedsRx Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by QuickMedsRx or any Third Party Service Providers in relation to any Services provided by QuickMedsRx.
QuickMedsRx bears no responsibility for any damages to, or viruses that may infect, Other Parties' equipment as a result of their access to, use of, or browsing the Website, or the downloading of any material, data, text, pictures, video content, or audio content from the Website. The Website should not have been completed until every party was content with it. If a party is unsatisfied, they may simply stop using the website.
The Website's listing of Third Party Service Providers is based on a variety of variables, including user comments and feedback. The Protected Entities (as defined below) are not accountable or accountable for the order in which Third Party Service Providers are listed on the Website.
As per law(s), QuickMedsRx, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers, or employees (“Protected Entities”) shall not be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (a) the use of, or inability to utilise, the Website or any of its information, assets, or functionalities (b) Even if the Protected Entity has been warned about the likelihood of such losses, the User's submission of information via the Website.
QuickMedsRx, as per the applicable law(s) its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers, or employees (“Protected Entities”) shall not be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages, or any other damages of any kind, arising out of or in connection with the use of this website related to (a) the use of, or the inability to use, the Website or the content, materials, and functions related thereto; (b) User's provision of information via the Website; even if the Protected Entity has been advised of the possibility of such damages.
QuickMedsRx disclaims any responsibility for the accuracy of the medical advice offered by the Medical Experts, as well as the accuracy and legality of the e-prescription for the dispensation of medicines and the conduction of diagnostic procedures.
All liabilities stemming from the E-Medical Experts/Consultant incorrect diagnosis of a medical condition and/or the e-prescription will be borne by the E-Medical Experts/Consultant in question. Furthermore, all liabilities originating from any incorrect diagnostic report by Third Party Labs and/or the incorrect dispensation of Pharmaceutical Goods and Services shall be the responsibility of the respective Third Party Labs or Third Party Pharmacies, as the case may be.
During interactions with Medical Experts, Users have the option of sharing their past medical history. Users acknowledge that they are sharing such information at their own risk. QuickMedsRx maintains the right to keep such information on file in order to provide Services to Users.
In terms of E-Consultation Services, QuickMedsRx will choose the Medical Expert to whom the inquiry should be sent based on the information shared by the User once the patient selects the kind of therapy (Homeopathy, Allopathy, or Ayurveda) and specifies the condition. However, the Protected Entities shall not be liable for any damages incurred as a result of such decision-making, and the Protected Entities shall not be accountable for any Consultation delivered and/or e-prescription issued by the Medical Expert via the online medical consultation interface.
The Users understand that the Protected Entities just serve as intermediaries between the Other Parties by providing a venue for them to engage and transact. The Protected Entities will not be held accountable for any losses incurred as a result of using the Website's Services.
In no circumstance will the Protected Entities be held accountable for the Users' or Third Party Service Providers' failure to perform agreed-upon services or to make himself/herself accessible at the appointed time, or for the cancellation or rescheduling of appointments. In no circumstance will the Protected Entities be held accountable for any comments or feedback supplied by Users in regard to services supplied by Third Party Service Providers.
You understand and agree that you are utilizing the website's services and transacting at your own risk, and that you will use your best and most reasonable judgment before participating into any transactions. You also realize and agree that you will only use the website to place orders for personal use and not for commercial purposes. We will not be liable or responsible for any actions or inactions by sellers, or any breach of conditions, representations, or guarantees by sellers or manufacturers of the items, and we fully disclaim all duty and liability in this regard. We will not act as a mediator or arbitrator in any dispute or disagreement between you and the third party pharmacy vendor(s).
We also expressly disclaim any express or implied warranties or representations about the quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed, displayed, or transacted, or the content (including product or pricing information and/or specifications) on the website. While we have made measures to avoid inaccuracies in material, this website, including all content, information (including product prices), software, products, services, and related visuals, is provided "as is," with no warranties of any kind. We do not encourage or advocate the sale or purchase of any products on the website, either implicitly or explicitly. No right, title, or interest in the products sold through or featured on the website shall ever vest in QuickMedsRx, and QuickMedsRx shall have no responsibilities or liabilities in connection with any transactions conducted on the website.
You agree and affirm to indemnify, defend and hold harmless company, including but not limited to its, directors, affiliates, vendors, representatives, independent contractors, officers, licensors agents, employees, service providers, consultants, and representatives, as well as each of their respective directors, officers, and employees,
from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company, that originate from, result from, or may be payable as a result of any breach or non-performance by You of any representation, warranty, covenant, or agreement made or duty to be performed by You under these Terms.
Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.
Furthermore, You undertake to indemnify Company harmless against any third-party claims arising out of or in connection with
(a) access to or use of Website; any claim that Your material caused damage to a third party,
(c) violation of any rights of another person/ entity, including infringement of their intellectual property rights; or
(d) conduct in connection with the Website.
Without prior warning, QuickMedsRx retains the right to alter or discontinue the Website, or any features or sections thereof, temporarily or permanently. Other Parties acknowledge that QuickMedsRx will not be liable if the Website or any portion of it is modified, suspended, or discontinued.
Company owns and controls the Website, its processes, and their selection and arrangement, including but not limited to all; user interfaces, computer coding, text, graphics, visual interfaces (videos), sounds and music (if any), and artwork, (will be collectively called as "Content"). The content's appearance (colour combination), graphic designing, structure, selection, coordination, expression, and sequencing is protected under the Indian laws of Copyright, patent and trademark laws, as well as other intellectual property rights.
The Company or its third parties or respective third parties own the trademarks, logos, and service marks displayed on the Website ("Marks"). You may not use the Marks without the prior written permission of Company and any relevant third parties who may own the Marks.
The Company owns all intellectual property rights in and to the domain / trademark "www.quickmedsrx.com" and the Website, including all rights, title, and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets, inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
You understand and agree that, except as specifically stated above, You will not copy, republish, post, display, translate, transmit, download, sold, compiled, reproduce, republished, or distribute any Content in any manner without first getting the required permission from Company or the third-party owner of such Content.
The Other Parties shall ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Ruling, and the Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, etc (“captioned laws”) as well as other laws, for the time being in force, and ensure due payment of applicable taxes.
while communicating/ transacting with each other over the Website.
They must explicitly ensure that they are not buying Pharmaceutical Goods and Services or Prescription medicines without a valid prescription, as this is prohibited under the Drugs Act (read with the Drugs Rules) and other applicable legislation at the time.
Users must also confirm that the prescription uploaded to the Website or emailed to QuickMedsRx for processing Prescription Drug orders is a genuine prescription acquired from a licenced medical practitioner. The Users agree and agree that they are responsible for all expenses, liabilities, and damages incurred by the Third Party Service Providers or QuickMedsRx as a result of the Third Party Service Providers dispensing Prescription Drugs due to the User's non-compliance in this regard.
* not accessing the Website; or
* closing their accounts for all of the Services that they use.
* Any information submitted to QuickMedsRx by Other Party(s) cannot be verified or authenticated by QuickMedsRx; or
* QuickMedsRx deems, in its sole discretion, that the conduct of the other party may result in legal responsibility for itself (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are detrimental to the interests of the Website; or
* QuickMedsRx is obligated by law to do this action; or
* In case when Other Party(s) refuse to provide (or later revoke) the consents required or desired for QuickMedsRx to provide the Services to the Other Party(s);
* The provision of the Services to the Other Party(s) or the general public is no longer commercially viable, in QuickMedsRx's opinion; or
* QuickMedsRx's has decided to stop providing access to the Website or Services (or any part thereof) for any reason.
* Other Party(s) account or access to the Services may be terminated or suspended (temporarily or permanently) by QuickMedsRx for any reason.
* Other Party(s) account termination may include: (i) withdrawal of access to any offers within the Website or with respect to the Services; and (ii) prohibiting Other Party(s) from using or accessing the Website or any of the Services in the future, unless otherwise specified in any of the conditions applicable to a particular Service.
* Other Party(s) may not use the Website under the same account, a different account, or re-register under a new account after being cancelled or suspended (temporarily or permanently).
In addition to, and without prejudice to, QuickMedsRx's right to file legal action against the Other Party(s), in accordance with relevant legislation, the user has the right to cancel or suspend the account.
The Terms will be in effect until either You or Company, as described below, terminates them. If You want to terminate your agreement with Company, you can do so by (i) not using the Website; or (ii) closing your accounts for all of the services you use, if Company has made this option available to You.
Company may terminate the Terms (or any component thereof, such as any specific Additional Terms) with You at any time, with or without notice, if:
Company is obliged to do so by law (for example, if providing the services described herein to You is or becomes illegal);
Company's provision of services to You is no longer commercially viable, in Company's opinion.
Company has decided to stop providing access to the Website, the services (or any part thereof) for any reason; or
Company may also, for any reason, terminate or suspend all or part of Your account or access to the services. Except as set forth in any Additional Terms applicable to a particular service, termination of Your Account may include:
discontinuation of access within the Website or with respect to the services;
deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof);
In future also restricting further use if website services.
You acknowledge and agree that all terminations will be made in Company's sole discretion, and that Company will not be liable to You or any third party for any termination of Your Account (and subsequent deletion of Your Account Information), or Your access to the Website and its services.
Regardless of the above, these Terms will remain in effect forever unless and until Company decides to terminate them. Company may delete any content or other materials connected to Your use of the Website if You or Company terminates Your use of the Website, and Company will have no obligation to You or any third party for doing so.
Events that are beyond our control. The other parties agree and accept that the liability for loss or damage caused to the user in the event of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures, acts of God, strikes, work stoppage or other labour disturbances, war or sabotage (each being a “Force Majeure Event”).
These Terms, as well as any transactions made on or via the Website and the relationship between You and the Company, are framed / governed by Indian law, without regard to conflict of laws rules.
You agree that all claims, disputes, and differences arising under or in connection with or in connection with the Website, the Terms, or any transactions entered into on or through the Website or the relationship between you and Company shall be subject to the exclusive jurisdiction of the courts in Nagpur, India, and you hereby consent to and accept the jurisdiction of such courts.
All disputes will be subject to arbitration at Nagpur in English by a sole arbitrator appointed by QuickMedsRx under the Arbitration and Conciliation Act, 1996.
Certain duties under Covenants, Liability, Indemnity, Intellectual Property, and Dispute Resolution will continue and survive termination even if the agreement is terminated.
No court of competent jurisdiction shall rule that any provision of these Terms is unenforceable, unless that provision consists of only one word and is unambiguous. That one-word provision must be enforced to the maximum extent possible, to give effect to the intent of the parties, which is reflected in that provision. In all other instances, the remainder of these Terms shall remain in full force and effect.
We will not be liable for any business losses (such as lost earnings, revenue, contracts, expected savings, data, goodwill, or wasted spending) or any other indirect or consequential losses that were not reasonably foreseeable to both you and us when you first started using the website.
Details of the Company
Legal Entity Name: Infinite Wellness Solution Pvt Ltd
Registered Address: P.No.42, H.No.219, Laxmi Vyankatesh Co-op, Housing Society, Telephone Exchange Square, Nagpur, Maharashtra, India, 440002
Corporate Address: Same As Above
Details of website and Application: www.quickmedsrx.com (“Website”) and “QuickMedsRx” application for mobile and handheld devices
Contact Details: email@example.com
Notice: All Company notices will be sent through email or through a general notice on the Website. Any notices to the Company required by the Terms should be directed to firstname.lastname@example.org.
The Terms, as well as any rights granted hereunder, cannot be assigned or otherwise transferred to a third party. The company has the ability to unilaterally transfer its rights under the Terms to any other parties, with or without the obligation of asking for your approval / consent.
If you feel the platform is infringing on your intellectual property, you must immediately send a notify to QuickMedsRx at email@example.com. All notifications regarding intellectual property (patents, trademarks, trade secrets, copyrights, and/or all proprietary information) must be filed by the owner of the intellectual property or an agent properly authorised to act on his/her behalf. Failure to provide any fact that you know to be untrue may result in the termination of your access to the Platform. You are obliged to supply the following information in Your notice:
(i). the intellectual property that you feel is being violated.
(ii). In the event You believe something posted on the Platform infringes upon Your copyright, please provide details on the item as well as a description of where it may be found on the Platform. (iii). In making the declaration listed above, you have placed your belief in good faith that the item you described as infringing is not allowed by the intellectual property owner, its agent, or the law to be used in connection with the Platform. (iv). Consequently, your contact data, such as your address, telephone number, and/or email, will be exposed. (v). If you include the information that you previously sent us in your notice, please be aware that the information contained within is correct and that you are the intellectual property owner or an agent authorised to act on behalf of the intellectual property owner whose intellectual property is being infringed; and (vi).Your digital or electronic signature.
You also agree that any breach of these Terms by You will be considered an unlawful and unfair business practise, resulting in irreparable harm to Company for which monetary damages would be insufficient, and you consent to Company seeking any injunctive or equitable relief it deems necessary or appropriate in such circumstances.
These remedies are in addition to any other legal or equitable remedies available to the Company.
You accept that Company may, in its sole discretion and without prior notice, suspend or terminate Your access to the Website for any reason, including but not limited to, for cause (but is not limited to): (1) requests from law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or unsuitability of the Website or any service offered on or through the Website.
Additionally, if Company takes any legal action against You due to Your violation of these Terms, Company will be entitled to collect from You, and you agree to pay, any reasonable lawyers' fees and costs of such action, in addition to any other remedy given to Company.
Please notify the Company's customer support team immediately if You come across any misuse or violation of these Terms, or if You become aware of any objectionable content on the Website. (firstname.lastname@example.org) IMPORTANT: QuickMedsRx does not save/store confidential information such as OTP/CVV/ any PIN NUMBER/Card number / details by any means, including phone calls, mail, or other methods of communication. Fraudsters and imposters purporting to be calling on QuickMedsRx's behalf are requesting that you do not provide your personal information. You can report suspicious activity to email@example.com