Terms & Conditions Of Use

1. GENERAL: https://www.drpratim.com/pharmacy [CareMeds], an internet based portal is run, operated and maintained by Nephro Care India 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. 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). For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Account Information (defined below) while registering on the Website as a registered User using the computer systems. Company shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms and Conditions ("Terms"). The revised Terms shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms made available on the Website, at the time of such use. You are requested to regularly visit the Website to view the most current Terms. It shall be Your responsibility to check the Terms periodically for changes. Company may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Website and the Services, provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms, will constitute your express acceptance of those changes. 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 by, 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 of Use. Company shall not be liable to deliver any Products purchased by You for delivery, in locations outside India. The User agrees to use the service to authorise an individual and get the products from the third party on his/her behalf.

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. Company is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the third-parties. Company further reserves the right to change or modify these Terms of Use or any policy or guidelines of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications made 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. Your continued use of the Website will confirm Your acceptance of such changes or modifications. Technology Platform for Pharmaceutical Products – Company facilitates the purchase of drugs and other pharmaceutical products, nutraceutical products and services (which shall also include Over The Counter (OTC) and wellness products). The Company and the Website merely provide hosting and technology intermediary services to You and persons browsing/ visiting the Website. The Company is not responsible for the Pharmaceutical Goods 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 third-party 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 third-party 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 Pharmaceutical Goods and Services. Also, You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity of the information provided on the Website and You must do Your own check. Prescription Drugs- In order to purchase drugs and pharmaceutical products that requires a valid prescription, You are required to upload a scanned copy of the valid prescription on the Website. We will verify the prescription forwarded by You and in case of any discrepancy observed by us, the order will be cancelled immediately. 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. Substitution of Prescribed Drugs- You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name. You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug. Transfer of Property and Completion of Sale- Upon acceptance of the Offer by the concerned Retail Pharmacies (being the brick and mortar pharmacy), the Pharmaceutical Drugs 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 Pharmacies, wherever required under the applicable law(s). You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Retail Pharmacies. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Retail Pharmacies itself. The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Retail Pharmacies (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services. Drugs Delivery- The Pharmaceutical Drugs and Services shall be delivered by our delivery agents. You accept and acknowledges that the courier/ delivery personnel to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care. Diagnostics Services– The Company provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ package facilities offered by CarePath India lab through the Website. The Company only provides facilitation services to the Users of the Website. User and the Labs agree to use of the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.

3. 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 can 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 of 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 TP Guidelines 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 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 number 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.

4. 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: 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. Your relationship with Company is on a principal to principal basis and by accepting these Terms of Use You agree that Company is an independent contractor 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. 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 delivery person is satisfied that the prescription is in compliance with applicable norms. 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 of Use. Non-notification by You of delivery or non-delivery within the time period specified in the these Terms of Use shall be construed as a deemed delivery in respect of that particular order. You, as a User, shall be entitled to claim a refund in accordance with the Refund and Return Policy of the Company. Refund shall be made in Indian Rupees only and shall be equivalent wholly or a part of the Transaction Price received in Indian Rupees. Refund shall be subject to User complying with these Terms of Use. 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. 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 which is beyond control of Company. 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. 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. 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. The User also agrees to pay a nominal fee for the same. 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 and/or Seller 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 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 and/or Seller is not responsible for any loss or damage caused during this process as these banks/payment gateways/payment aggregators are beyond the control of the Company and/or Seller. Taxes- Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The Company and/or Seller 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 and/or Seller 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 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 and/or Seller.

5. USAGE CONDUCT You shall solely be responsible for maintaining the necessary computer equipments 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 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 shall not re-sell the same to any other person. Once you subscribe with CareMeds India, you shall use the prescription exclusively to purchase medicines via CareMeds India and shall not use the same prescription to fulfill the medicine requirement from other retailers until the medicines are not supplied for any reason via CareMeds India.