Terms & Conditions

This document (“Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and Terms for access or usage of www.pharmeasy.in website and its mobile applications.

1. GENERAL

“Simpheal”, a mobile application, (hereinafter together be referred to as “Website") is run, operated and maintained by Simpheal Informatics Private Limited (hereinafter to be referred as “Company” or “We” or “Our” or “Us”), a company duly incorporated under the provisions of the Companies Act, 2013, having its corporate address at 36F Topsia Road, Topsia, Kolkata 700039, West Bengal and website - www.simpheal.com

For the purpose of these Terms, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who accesses, uses or subscribes to our Website, agrees to become a buyer on the Website or avails or offers to avail any of our services. Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s).

The Company reserves the right to change or modify these Terms or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, We will inform You of such changes within such timelines as may be specified under the applicable laws. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms and applicable policies to understand the terms and conditions that apply to Your use of the Website.

By (i) using this Website or any facility or service provided by this Website in any way; or (ii) merely by browsing the Website, You agree that You have read, understood and agreed to be bound, including without limitation, by these Terms, the Website’s Privacy Policy and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions, for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms.

Our Website is operated, and services are provided in compliance with the laws in India and Company shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India. If you access our services from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. The User agrees to use the service to authorise an individual and get the products from the third party on his/her behalf. Where you use any third-party website or the products or services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies.

2. PRODUCTS AND SERVICES

The Website is a platform that facilitates, as an intermediary, the online requisition by the User for purchase of medicines and wellness / health related products and services offered by Company's various registered third-party/ies (third parties shall for the purpose of this Terms, include without limitation, third party retail pharmacies, third-party labs et al) ("Products and Services"). The sale & purchase / transaction between the registered third parties and You, of Products and Services, facilitated by the requisition placed by You on the Website shall be governed by these Terms. Company is not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between You and the third parties.

Technology Platform for Pharmaceutical Products – The Website facilitates the purchase of drugs and other pharmaceutical products, nutraceutical products and services (which shall also include Over the Counter (OTC) and wellness products) offered by third-party retail pharmacies (“Retail Pharmacies”). The Company and the Website merely provide hosting and technology intermediary services to You and persons browsing/ visiting the Website. All items offered for sale on the Website, and content (including product descriptions, images and the like) made available by the Retail Pharmacies, are third party content and describe third-party products and services. The Company has no control over such third-party user generated content, Products or Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity, accuracy or genuineness of the Products and Services made available by the Retail Pharmacies through the Website shall be the sole responsibility of the Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Products and Services being facilitated through the Website. The Company does not take any representation or warranty as to legal title of the Products and Services offered for sale by the Retail Pharmacies on the Website. The right, title, claim or interest in the products sold through the Website shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Website. The Company is not responsible for delayed performance, non-performance or breach of contract entered into between You and the third-party for purchase and sale of goods or services offered by such Retail Pharmacies on the Website; The Company gives no guarantee that the concerned Retail Pharmacies will perform any transaction concluded on the Website. The Company is not responsible for the Products and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You. Content: You agree and acknowledge that the respective Retail Pharmacies are exhibiting third party content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website. The content available on the Website, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the Retail Pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, the Company shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Products and Services. Also, You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity or accuracy of the information provided on the Website and You must do Your own check. The ranking of goods and services as provided on the Platform are determined after collection of rating and feedback from the User, and the Company shall not be in any manner held responsible for accuracy of the same. If Retail Pharmacies or Users find any wrong information on the Website in relation to such Retail Pharmacy, Products or Services, they may contact the Company immediately for such corrections. The Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third parties.

Prescription Drugs: In order to purchase drugs and pharmaceutical products that require a valid prescription, You are required to upload a scanned copy of the valid prescription on the Website. [The Retail Pharmacies, with respect to any drugs or pharmaceutical products, may dispense only those quantities as are specified in the prescription.] Retail Pharmacies will verify the prescription forwarded by You and in case of any discrepancy observed by the Retail Pharmacies, the order may be cancelled by the Retail Pharmacies. You are also required to make the original prescription available at the time of receipt of delivery of the order. You shall also allow the delivery agent to stamp the original prescription at the time of medicine delivery, failing which medicines will not be delivered. The Company shall at its sole discretion and as per applicable law maintain a record of all the prescriptions uploaded by the Users. [The delivery of your order is not in the Company’s control and the Company shall not be responsible for any delay.]

Suggestion Of Alternate Of Prescribed Drugs: You acknowledge and accept that as per the extent applicable laws within the territory of India the order for an alternate prescription drug would only be processed if: (i) a registered medical practitioner has permitted /approved/provided consent for any such other equivalent generic drug containing similar or substantially similar composition as the prescribed drug, to be dispensed in place of the prescription drug; (ii) or if the prescription lists the active pharma ingredient/salt names instead of a specific brand name, in which case also, dispensation of such drug shall be certified and approved by a registered medical practitioner, and (iii) You shall have provided Your consent in respect of such substitution of the prescribed drug.
In the event of an invalid prescription or unavailability of the prescription drug, (i) You may avail online tele-consultancy with registered medical practitioners through our partner platform Docstat, wherein the registered medical practitioner shall prescribe an alternate by replacing the original prescription; or (ii) a third party registered pharmacist shall place a call on Your registered mobile number, whereby an alternate drug is suggested, and after such alternate drug being confirmed and vetted by third party registered medical practitioners associated with the Platform (through Docstat) by way of a validated prescription, and thereafter dispensed accordingly. A prescription for such alternate drug may be made available to You at Your request. Any and all alternate prescription drugs are dispensed only on receiving consent from You. All online and tele-consultation provided by the third-party registered medical practitioner shall be through a secured recorded line. You further agree and acknowledge that any exchange (including but not limited to e-prescriptions) between the third party registered medical practitioners, pharmacists and You over telephone shall be recorded and preserved in the database of the Company for quality, assurance, monitoring, verification of compliance with applicable laws and value addition purposes; and the Company, the Platform, the third party registered medical practitioners and pharmacists shall have access to the same. All such exchange of information shall be utilised and processed strictly in accordance with the Privacy Policy made available on the Platform.

Invitation to offer for sale: The listing of drugs and other pharmaceutical products on the Website by the Retail Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Retail Pharmacies (“Offer”). Post the Offer to the Retail Pharmacies, the Company shall send an email to You with the information on the Offer along with the details of the concerned Retail Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Retail Pharmacy(s) after the validation/ verification of the prescription by such Retail Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Retail Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You. It is hereby clarified that any reference of the term ‘offer/ offered for sale by the Retail Pharmacy(s), as appearing in these Terms, shall be construed solely as an ‘invitation to offer for sale’ by any such Retail Pharmacy(s).

Transfer of Property and Completion of Sale: Upon acceptance of the Offer by the concerned Retail Pharmacies (being the brick-and-mortar pharmacy), the Products and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Retail Pharmacy, wherever required under the applicable law(s). You agree and acknowledge that the property and title in the Products and Services ordered by You shall stand immediately transferred to You upon the dispensation of Products and Services and the raising of the invoice at the concerned Retail Pharmacies. Accordingly, the sale of Products and Services is concluded at the concerned Retail Pharmacy itself. The invoice in relation to the Products and Services, that are required to be delivered to You shall be issued by the concerned Retail Pharmacy (being the brick-and-mortar pharmacy) which is to process and satisfy the order for such Products and Services.

Drugs Delivery: The Products and Services shall be delivered by the Retail Pharmacies or independent contractors. You accept and acknowledge that the courier/ delivery personnel, engaged by the Retail Pharmacies or the Company, shall be Your Agent for the delivery of the Products and Services from the concerned Retail Pharmacies to the address notified by You, with no control over the Products and Services and no additional obligation apart from standard delivery obligations and duty of care. You further agree and acknowledge that such courier/ delivery personnel acts as Your agent for collecting the medicines from the Retail Pharmacy. The services are being undertaken by Your Agent with Your consent and therefore the Company is merely facilitating this, and will have no liability or responsibility in this regard.

Patient Support Program (PSP or Program): The Company provides services through the Platform and facilitates the Users to avail personalized health condition or disease management support (“Program”) through the third-party experts associated with us including registered medical practitioners, nutritionists or any other specialists or professionals (“Professionals”). The Program is designed with the objective of providing holistic health condition or disease management support to the Users through the Professionals which shall help the Users in enhancing their well-being. The Program may include with certain limitations diagnostics tests, counselling sessions, teleconsultations with third-party RMPs, and other health coaches such as nutritionists, psychologists, fitness coaches amongst others. All educational content that is being created with the clinical oversight of the Professionals and experts empanelled with us (collectively referred to as “Medical Experts”). The opinions, statements, answers, and tele-consultations (collectively referred to as “Consultation”) provided by the Professionals through the Platform are solely the individual and independent opinions and statements of such Professionals or Medical Experts and do not reflect the opinions of the Company or its affiliates.
The company may connect You with Professionals who may be suitable to deliver the health care that You are seeking based on information that You provide to us. However, the Company in no event recommends or endorses any specific tests, physicians, products, procedures, opinions, or other information that may be provided by the Professional and the Company bears no responsibility or liability for the correctness and genuineness of any such advice provided by the Professional, and the Professional shall solely be responsible and liable for the same.
The Services should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Platform are provided on ‘as is’ or ‘as available’ basis for guidance purposes only, without any warranties, representations, and conditions. Therefore, You are free to confirm the advice rendered through this service on the Platform with Your Doctor. The Consultations provided through the Platform are not diagnostic in nature and are merely being offered to support User’s management of an existing health condition. The exchanges between the Professionals and the User may occur vide any mode including a chat window, telephonically or via SMS or email (as the case maybe), and such records may be accessed by the Company for quality control and support related purposes and are dealt with in accordance with the terms of the Privacy Policy. Further, the purpose of maintaining such records and Your consent regarding the retention of such data will be recorded before You sign up for the Program, and the information provided by You or the information generated as a result of the Program shall be stored, used, and secured as per the terms provided in the Company’s Privacy Policy. In case You choose to not provide Your consent to recording Your calls, or chat content that may have personal information required for the Program purposes, the Company reserves the right to not facilitate the Services for which such personal information is sought. Please see our Privacy Policy page, for more information on storage, use, and protection of sensitive data and personal information that may be included in prescriptions, or consultations.

3. ELIGIBILITY OF USE

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including without limitation, minors, un-discharged insolvents etc. are not eligible to use the Website. The Products shall also not be available to any Users suspended or removed from the Company’s system for any reason whatsoever. If You do not conform to the above qualification, You will not be permitted to put a requisition for the Products through the Website. By accessing and using this Website, You represent that You are of legal age to form a binding contract and are not a person barred from entering into a contract under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services provided by the Website, through Your legal guardian in accordance with the applicable laws. Company reserves the right to terminate your membership and / or refuse to provide You with access to the Website if it is brought to Company’s notice or if it is discovered that You are under the age of 18 years. Company reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.

You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

4. USER ACCOUNT, PASSWORD AND SECURITY

Company shall enable You to make the requisition of Products and Services available to You through the Website, only if You have provided Company certain required User information, including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account ("Account") through Company ID and password or other log-in ID and password, which may include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the "Account Information"). The transaction and delivery of the Products by the registered merchants/vendors may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service. The Website requires You to register as a User by creating an Account in order to avail the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Company of any unauthorized use of Your Account or Account Information or any other breach of security, non-compliance with the Telemedicine Practice Guidelines dated March 25, 2020, or any other applicable laws, rules, regulations and guidelines as may be notified from time to time and (b) ensure that You exit / log out from Your Account at the end of each session. Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Paragraph 4. You may be held liable for losses incurred by Company or any other User of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. The Website also allows / shall allow restricted access to the Website for unregistered Users. You shall ensure that the Account Information provided by You in the Website's registration form is true, complete, accurate and up to date. Use of another User's Account Information for availing the services offered by Company is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You. You confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Website. Company will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/Account details for using the Website. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Company for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Company may allow authorized third parties to place or recognize a unique cookie on the Your browser. Company does not store personally identifiable information in the cookies.

5. PRICING INFORMATION AND PAYMENT

Company strives to provide You with the best prices possible on the Products You require from the Website. The pricing details for purchase of Products from the Website are detailed under these Terms.
Further:

1. All commercial terms such as price, delivery, dispatch of Products and/or services are as per principal-to-principal bipartite contractual obligations between User and the third parties.

2. Your relationship with Company is on a principal-to-principal basis and by accepting these Terms You agree that Company is an intermediary for all purposes and does not have control of or liability for the products or services that are listed/ offered on Company's Website. Company does not guarantee the identity of any third parties, nor does it ensure that a User or a third party will complete a transaction.

3. You, as a User, understand that upon initiating a requisition on the Website, You are entering into a legally binding and enforceable contract with the third party to purchase the Products and /or Services from the third party on a cash on delivery basis or such other mode as may be specified by Company.

4. You, as a User, shall hand over a copy of the prescription, at the time of delivery, for the delivery of Products which as per law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such Products shall be made only if the third party or its agent/employee is satisfied that the prescription is in compliance with applicable laws and norms.

5. You, as a User, shall electronically notify Company using the appropriate Company’s Website features immediately upon Delivery or non-Delivery within the time period as provided in these Terms. Non-notification by You of delivery or non-delivery within the time period specified in these Terms shall be deemed as delivery in respect of that particular order

6. You, as a User, shall be entitled to claim a refund in accordance with the Refund and Return Policy of the Company.

7. Refund shall be made in Indian Rupees only and shall be equivalent wholly or a part of the Transaction Price received in Indian Rupees.

8. Refund shall be subject to User complying with these Terms.

9. Company reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with Company or breach of any policy.

10. The User and third-party acknowledge that Company will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price.

11. You acknowledge that Company is a mere facilitator and does not fall within the purview of the Food Safety and Standards Act, 2006 and the rules framed thereunder.

12. You acknowledge that Company is a mere facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder.

13. You acknowledge that Company is a mere facilitator/intermediary and does not fall within the purview of the National Medical Commission Act, 2019, and the rules and regulations framed thereunder.

14. The User also agrees to pay a nominal fee as mentioned hereunder.
In order to process the payments for Your orders, the Company might require details of Your bank account, credit card number, etc. The online fee payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User/ Retail Pharmacies/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company. There are no applicable payment charges levied on any transactions. Click here to see the list of our available payment methods and payment partners.
Subscription Fee- Any subscription fees for the Services charged by the Company, could be paid online through the facility made available on the Website. Such online fee payments are also processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to User/ Retail Pharmacies/ third party service providers during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company.
Taxes- Each User / third party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further please note that all fees are exclusive of applicable taxes.
Security Measures- The payment made for every transaction is done through API integration. Moreover, You may also check Our Privacy Policy to understand how the Company uses the confidential information provided by Users.
The Company reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication. The Company shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the User.
Dispute- Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.

Click here Page Content- 1. GPay- https://support.google.com/pay/india/gethelp
2. Paytm- https://paytm.com/care/ticket
3. Amazon Pay- https://www.amazonpay.in/contact
4. PhonePe- https://www.phonepe.com/contact-us/
5. Mobikwik- https://blog.mobikwik.com/contactus/
6. Airtel Money- https://www.airtel.in/personal/money/contact-us
7. OlaMoney- https://www.olamoney.com/support/index.html
8. Diners Club- https://www.dinersclubus.com/home/customer-service
9. Visa, Mastro, Rupay and Maestro cards;
10. Cash on delivery for offline payments.
*The above list of payment methods and payment partners is subject to modifications and may change from time to time at the sole discretion of the Company

6. USER OBLIGATIONS

Subject to compliance with these Terms, Company grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and the Services provided herein.

You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You access on the Website in accordance with Paragraph 7 below. You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Company. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Website, the Information, or Services for any purpose. You shall not use any automated device to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed herein. If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

• Host, display, upload, modify, publish, transmit, store, update or share any information or user submissions which:

1. belongs to another person and to which the user does not have any right;
2. is pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or is objectionable;
3. is harmful to child;
4. infringes patent, trademark, copyright or other proprietary or intellectual property rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
7. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
8. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or threatens public health or safety;
9. Defame, abuse, harass, threaten or otherwise violate the legal rights of others; and
10. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

• Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

• Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;

• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

• Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Paragraph.

• Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;

• Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;

• Conduct or forward surveys, contests, pyramid schemes or chain letters;

• Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

• Violate any applicable laws or regulations for the time being in force within or outside India;

• Violate the Terms, including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and

• Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

Company has no obligation to monitor such communications by You. However, Company reserves the right to review materials posted by You and to remove any materials in its sole discretion. Company reserves the right to terminate the User's access to any or all of such communication services provided by Company at any time, without notice for any reason whatsoever. Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion. Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service. You agree that You are solely responsible to Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach. You agree and acknowledge that Company is not the owner of the Products and Company shall in no manner be deemed to be the owner of the Products on this Website. Company is only facilitating purchase of the Products by You from the third parties by providing the services to You. You agree that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

You agree that the Website shall not be used for illegal purposes. The information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Website, the information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/ Account. Any attempt by any individual or entity to solicit login information of any other user or third party registered medical practitioner or to access any such account is an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

You agree and acknowledge that the exchanges between the third party registered medical practitioners and You over telephone and the e-prescription would be accessible to the Company for the purposes of monitoring the quality of the consultation. The consultation provided by the third-party registered medical practitioner shall be done vide a secured recorded line.

Notice and Takedown If You believe that any Content on the Website is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or is otherwise injurious to third parties; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign States; or which consists of or contains software viruses or violates any of the Terms, please notify Us immediately at care@pharmeasy.in. As soon as you inform Us, We will make all reasonable endeavours to remove such objectionable content complained about within a reasonable time.

Risks associated with Company’s Services You abide by these Terms, Privacy Policy and any other Company Policy by using the Company’s Services. The third party registered medical practitioners will not be examining You physically and may not have access to all or some of Your medical history that might be critical to consult You. The third party registered medical practitioners will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the third party registered medical practitioners may not be aware of facts or information that would affect his or her opinion of Your diagnosis. Therefore, to reduce the risk of this limitation, the Company strongly encourages You to be in touch with an on-ground physician and share the third party registered medical practitioners’ opinion with him/her.
You acknowledge and agree, by requesting a medical opinion through the Website, that-
1. the advice/information/opinion on diagnosis You may receive could be limited and provisional;
2. the medical opinion is not intended to replace a face-to-face visit with a physician, and it does not replace an actual doctor-patient relationship;
3. in case of a second opinion, where there is a difference of opinion among Our third party registered medical practitioners and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
4. the third party registered medical practitioner is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
5. in some events, the third party registered medical practitioners may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
6. in rare cases, the third party registered medical practitioners may feel that the query may not be answerable without physically examining the patient/ Users and the consultation may be refused forthwith;
7. in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
8. delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms

7. USE OF MATERIALS

Except as expressly indicated to the contrary in any applicable Additional Terms, Company hereby grants You a personal, non-exclusive, freely revocable (upon notice from Company), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following condition:

• You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms; You may not modify or alter Product catalogues or any other materials available on the Website;
• You may not distribute or sell, rent, lease, license or otherwise make the Product catalogues or any other materials available on the Website available to others; and
• You may not remove any text, copyright or other proprietary notices contained in the Product catalogues or any other materials available on the Website.

The limited rights granted to You in the Product catalogues, or any other materials as specified above do not confer upon You any rights to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Product catalogues or any other materials available on the Website shall not be copied or retransmitted unless expressly permitted by Company. Any software that is available on the Website is the property of Company or third parties. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of Company.

Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize, or Services purchased by the User will not be sold, resold, bartered or in any way be used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased are not transferrable to any third party for profit.

8. USAGE CONDUCT

You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the Website. You are also under an obligation to use this Website for reasonable and lawful purposes only, and You shall not indulge in any activity that is not envisaged through the Website. You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and You shall not re-sell the same to any other person. Once you subscribe with the Website, You shall use the prescription exclusively to purchase medicines via the Website and shall not use the same prescription to fulfil the medicine requirement from other retailers unless the medicines are not supplied for any reason via the Website’s partner third parties.

9. INTELLECTUAL PROPERTY RIGHTS

The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Company or their third party partners or respective third parties. You are not permitted to use the Marks without the prior consent of Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “PharmEasy”, domain name “www.pharmeasy.in”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.

10. RETURN, REFUND, CANCELLATION AND SHIPPING CHARGES

We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the cancellation, shipping charges, returns and refund policy (“Return and Refund Policy”). The Return and refund policy forms an integral part of these Terms and the Users are requested to carefully read the same.

11. ADVERTISEMENTS

As part of the Services provided by Us; We may facilitate and allow third party advertisers (“Third Party Advertisers”) to place advertisements on the Website.

For Users: The Website clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to applicable laws, these Terms (except the editorial policy) and the Privacy Policy.

For Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising consumer protection.

General Rules: The Company may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. We may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous. We are not responsible for any liability arising from an advertisement by a Third Party Advertiser.
The Company reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, the Company also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.

12. DISCLAIMER OF WARRANTIES AND LIABILITIES

You expressly understand and agree that, to the maximum extent permitted by applicable law the Website, services and other materials are provided by Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Company or through or from use of the services shall create any warranty not expressly stated in the Terms. To the maximum extent permitted by applicable law, Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website or any services or materials, either with or without your knowledge. Company has endeavoured to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Company is not responsible for any typographical error leading to an invalid coupon. Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

Company shall not be liable for any third-party product or services. The advertisement available on e-mail or Website with respect to the third-party website or the Products are for information purpose only. You expressly agree that Your use of the Website is at Your risk.

13. INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Company including but not limited to its affiliates, vendors, representatives, directors, agents 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 arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Company's entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific voucher or Product or service, under which the unlikely liability arises. In no event shall Company, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials. Company is not responsible for any non-performance or breach of any contract entered into between Users and third party service providers. Company cannot and does not guarantee that the concerned Users and/or third party service providers will perform any transactions that are entered into on the Website. Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and third party service providers. Company does not, at any point of time during any transaction between Users and third party service providers on the Website come into or take possession of any of the Products or Services offered by third party service providers nor does it at any point gain title to or have any rights or claims over the Products or Services offered by third party service providers to Users.

At no time shall Company hold any right, title or interest over the products, nor shall Company have any obligations or liabilities in respect of such contract entered into between Users and third party service providers. Company is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

14. VIOLATION OF TERMS

You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by 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 unexpected technical issues or problems. If Company does take any legal action against Youas a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.

15. TERMINATION

The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Company has made this option available to You.

Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:

• You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
• Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
• The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable;
• Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
• Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason.

Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) 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); and (iii) barring of further use of the Services.

You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.

Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Website, Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.

16. GOVERNING LAW

These Terms and all transactions entered into on or through the Website and the relationship between You and Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto 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 at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.

17. REPORT ABUSE / GRIEVANCE REDRESSAL

In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to Company’s customer support team.

If You have any concern about the Terms or grievances about the Website or our services, please contact us with a thorough description and We will try to resolve the issue for You. Please address them to Our grievance redressal officer at:

• Name: Mr.Niranka Pal
• Address: 36F Topsia Road, Topsia, Kolkata, West Bengal 700039.
• Phone number: +91 62922 35200
• E-mail: info.simpheal@gmail.com

18. PRIVACY POLICY

Company collects, processes and shares data with third parties, in accordance with its Privacy Policy, in order to provide, manage and complete delivery of products and services requested by You . Company views the protection of Your privacy and information as a very important principle. Please view Our Privacy Policy, available at https://www.simpheal.com/privacy-policy.html , to understand how the Company collects, processes, shares Your information and maintains data security practices in relation to Your information.

19. COMMUNICATIONS

You hereby expressly agree to receive communications by way of SMS, e-mails or any other mode from Company, phone calls relating to the Products offered through the Website and this supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.

20. GENERAL PROVISIONS

Notice: All notices of Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to info@simpheal.com

Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Company's rights under the Terms are freely transferable by Company to any third parties without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

Waiver: Any failure by Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right