Thank you for visiting www.PillsMedica.com (also known as “PillsMedica,” “Website,” “Pharmacy,” or “we”). Pillsmedica Pharmacy, whose registered headquarters is in Mumbai, India, oversees and runs this website/app.
Greetings from PillsMedica!
“PillsMedica,” “Website,” “Pharmacy,” “us,” or “we” refer to both the website www.PillsMedica.com and the related mobile application. PillsMedica Pharmacy (“we,” “Company,” “PillsMedica,” “us,” or “our”), a business formed in India with its registered address at Mumbai – 400003, manages and operates this website.
Every user of the website (hence referred to as “you” or “your”) is subject to the terms and conditions stated herein (the “Terms”). This impacts both actual persons and legal entities.
The Website serves as a platform for consumers to buy pharmaceutical items such as prescription pills, over-the-counter medications, etc., online from PillsMedica through its authorized locations (the “Products”).
By using the Website, you willingly agree to be bound by the Terms. If you disagree with any of the Terms, kindly refrain from using the Website. Please be aware that your use of the Website, the Products, offers or promotions linked to the Products, and the Services (defined below), as provided by us, our affiliates, or third parties, shall be governed by these conditions and any other conditions that may be applicable (collectively, “Additional Terms”). Whenever there is a discrepancy between these Terms and any Additional Terms, the Additional Terms will take precedence.
Under the Information Technology Act of 2000 (“IT Act”), the rules that may be applicable thereunder, and the provisions of different statutes relating to electronic records as amended by the IT Act, this document is an electronic record. There are neither physical nor digital signatures necessary for this electronic record because it is produced by a computer system.
Anyone who meets the requirements of the Indian Contract Act, 1872, which include being 18 years of age or older, being of sound mind, and not being barred from entering into contracts by any other law, is permitted to use and access the Website.
THESE TERMS ARE DIVIDED INTO 2 (TWO) PARTS. PLEASE READ THE TERMS CAREFULLY.
PART A: TERMS OF WEBSITE USE
- GENERAL
- By using the Website in any way, including accessing it, you signify your agreement to these Terms and any applicable rules (collectively, the “Agreement”).
- ACCOUNT SETUP / REGISTRATION
- In order to access or use the Website (including placing orders, posting ratings and reviews, and signing up for PillsMedica newsletters), you must first create an account by entering your name, gender, cell phone number, email and any other information necessary for making orders via your account as requested on the sign-up page of the Website. Your login ID and password, which you may use at any time to access your PillsMedica account, will be established based on the information you supply. “Account Information” includes the credentials you provided upon registration and your login information for PillsMedica. Our privacy policy protects your registration data.
- The account you established is only permitted to be used by you. In light of this, it is your duty to protect the privacy of your account information. All activities taken on your account by you will continue to be your full responsibility.
- You agree to (a) notify us right once of any unauthorized use of your account or security lapse and (b) make sure to log out of your account at the conclusion of each session. If your failure to maintain your account information safe, private, and secret results in losses to PillsMedica or any other user as a consequence of unauthorized use of their account, you might be held liable. Without giving you prior notice, we have the right to restrict access to the Website, delete or suspend accounts, and change or remove any material.
- We continuously monitor the User’s account to prevent phony accounts and transactions. We reserve the right to recover the cost of the Products, transaction fees, or any other related costs, including attorney fees, from such person using the Website fraudulently. Users with multiple accounts or who fraudulently use referral vouchers shall be subject to legal action under the applicable law. In the event that we discover any fraudulent or failed transaction, prior to the commencement of legal action, we reserve the right to immediately suspend or delete such account. This does not release the User from responsibility, however.
- ELIGIBILITY OF THE CUSTOMER
- Customers or Users who want to shop in our establishment must be at least 18 years old and have an account with us. Children under the age of 18 are not permitted to use PillsMedica.com. We shall refrain from attempting to gather information from visitors to PillsMedica who fall within this age range.
- UNSUBSCRIPTIONS AND COMMUNICATIONS
- You are aware that after sharing your account information and successfully registering on the Website, PillsMedica may send you SMS or email alerts about your registration and website transactions.
- By using this Website or any Products and Services that may sometimes be made available, you agree to receive communications, alerts, and commercial messages about any transaction, marketing, or promotional activities connected to your transaction there. You expressly consent to receiving marketing and promotional communications (via call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings by sharing your Account Information, registering on the Website, and/or verifying your contact number with us.
- While the Company makes every effort to send you these alerts and reminders on time, the Company makes no guarantees and will not be held accountable or liable for any failure to do so.
- By following the instructions provided in such messages, you may unsubscribe from receiving marketing/promotional emails, newsletters, and other alerts from the Company at any time.
- WARRANTIES AND RESTRICTIONS FOR USERS
- You affirm and warrant that: (a) your use of the Website won’t contravene any laws or regulations that may be in force; (b) all information you provide to the Company in connection with the Website is true, accurate, and lawful; and (c) your use of the Website won’t violate any applicable website policies or guidelines or harm anyone or anything. The Company shall have the right to refuse registration, cancel any or all orders, and limit your future use of the Website and any connected services without giving you any prior notice whatsoever if the information supplied by you is ever discovered to be fraudulent or inaccurate. You agree to hold the Company and its affiliates harmless from any claims made by third parties.
- You will only use the Website for legal purposes, and you won’t engage in any actions that might damage the Company, the Website, or its content or that are otherwise not permitted by the Website. Subject to these Terms, you have a limited license to access and use the Website exclusively for the purpose of using the services.
- You are only permitted to use the Website for personal purposes, and you agree not to utilize any part of it (including any material on the Platform) or the Services for any resale or business purpose.
- You will not do the following:
- Navigate or search the Website using any engine, program, tool, agent, or other mechanism (such as spiders, robots, avatars, worms, time bombs, etc.);
- Make harmful or untrue claims about the Good, the Website, or the Company;
- Posting, copying, submitting, uploading, disseminating, or otherwise making available any computer files or software that are infected with viruses or other harmful components, disrupting or damaging the Website or any network connected to it, or interfering in any other way with another person’s or entity’s use or enjoyment of the Website;
- Introduce any trojans, viruses, harmful programs, bots, or other software that scrapes the Website for data;
- Probe, scan, test, or analyse the weakness of any system, security, or authentication measures we’ve put in place or otherwise interfere with our technical architecture;
- Hack the Website or upload any form of harmful malware;
- Participate in any antisocial, disruptive, or harmful behaviour, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing,” and “griefing,” as such words are used and understood online.
- It is against the law for you to host, display, upload, change, publish, transmit, update, or share on or via the Website any data that:
- belonged to someone else and over which You have no legal authority;
- is harmful in any way, including harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invading another person’s privacy, hostile, connected to or sponsoring gambling or money laundering;
- endangers children in any manner;
- violates any patent, trademark, copyright, or other intellectual rights (paragraph 4.5.4);
- transgresses any currently in effect legislation;
- conveys any material that is blatantly insulting or ominous in character, or deceives or misleads the recipient regarding the source of such communications;
- mocks or impersonates someone else; or includes computer code, data, or programs that are intended to disrupt, delete, or restrict the operation of any computer resource (4.5.8).
- DISLAIMER
PRODUCTS
- The provision of an e-commerce website allowing you to buy Products or use third-party services, as you see appropriate is the exclusive responsibility of the Company.
- It is expressly made clear that all compliances connected to the production of the Products, including any labelling requirements, required declaration requirements, etc., under the relevant legislation, are the exclusive responsibility of the makers. The relevant sections of applicable legislation, such as but not limited to the Legal Metrology Act, Drugs and Cosmetics Act, Food Safety and Standards Act, Drugs and Magical Remedies Act, etc., and the regulations formed thereunder, require the makers to comply.
- To the extent permissible by relevant legislation, we offer visual representations on the Website, such as graphics, drawings, pictures, images, videos, charts, screenshots, infographics, and other visual aids, to help users identify their chosen products. While we make a good faith attempt to offer accurate visual representation of the Products, we make no guarantees or warranties as to the veracity of such visual representation or description.
PRODICTS
- You are aware that the Website could provide services from third parties to assist you in finding and scheduling appointments with doctors, licensed medical practitioners, and/or diagnostics service centres. Please be aware that a third party is offering this service, and neither the Website nor its content providers guarantee such services’ correctness, thoroughness, or accuracy. When necessary, you should get emergency assistance or follow-up treatment and keep in touch with your main healthcare practitioner as needed.
- Every exchange of information between you and the third-party service provider is a distinct business deal. Any responsibility or claim resulting from the use of such third-party services should be between you and the applicable third party. The Company disclaims all responsibility for any issues that may develop as a result of your interactions and service use with such third parties, including but not limited to deficiencies, shortcomings, and inaccuracies.
- POLICY FOR PRESCRIPTION MEDICATIONS
- com is a fully approved and controlled drugstore (Pharmacy) that does everything it can to follow all laws and rules when it comes to giving out prescription drugs. By placing an order for your Rx or scripts, you agree to and understand the following rules about buying prescription drugs.
- The Website enables you to buy the Products (prescription drugs) against a legitimate medical prescription written by a doctor or medical professional and given to a certified pharmacist for the purpose of administering the medication (“Prescription Drugs”). You must submit a scanned copy of your valid prescription to the Website or email it to the Company in order to buy prescription drugs via the Website. The Company would not process the order unless it had a copy of a legitimate prescription. The Company will check the prescription you provide, and if there is any disagreement from what you supplied, we will promptly cancel the transaction.
- PillsMedica needs the User, Customer, or Caregiver to acknowledge that he or she is fully aware of the indications, side effects, medication interactions, and implications of missed dosage or overdose of the medicines ordered from us. Before buying or eating any medication from PillsMedica.com, we highly suggest you to obtain professional advice from your physician.
- The medication information on PillsMedica.com is offered for educational reasons only and is not meant to provide diagnosis, treatment, or medical advice. We are not accountable for any negative (side) effects or injury caused by your reliance on the material on the Website.
- ON THE WEBSITE: CONTENT & INFORMATION
- The Company or its affiliates own all information, content, material, text, images, graphics, logos, software code, interface, button icons, design, and arrangement, the collection, and assembly of the content on the Website (“Company Content”). Trademark, copyright, and other laws safeguard the contents of this document. Furthermore, the Company is the only owner of any trademarks, service marks, trade names, and trade secrets relating to the Website, whether or not they are shown on the Website.
- According to the license that these brands have provided to the Company, the Company may display any third-party logos, trade names, or trademarks of other companies on the Website.
- Without the express written consent of the Company, no information, content, or material from the Website (including the Company Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed, or otherwise used, including for any commercial purpose. Without the Company’s and its affiliates’ explicit written approval, you will not frame or use framing methods to enclose any trademark, logo, or other proprietary material (including images, text, page layout, or form) of the Company. Without the explicit written agreement of the Company and/or its affiliates, as applicable, you are not permitted to use any meta tags or any other types of “hidden text” using the names, trademarks, or service marks of the Company or any of its affiliates. Any illegal usage terminates the rights granted in these Terms.
- informative reasons and is not meant to be a replacement for expert medical advice or treatment for particular medical issues.
- We firmly advise that you always speak with or heed the counsel of your physician or other certified healthcare practitioner about your medical situation.
- com does not support any ideas or viewpoints that could be expressed in the website content or in other materials made available via our services. Your submission of product queries or reviews does not establish a professional relationship between you and PillsMedica.com.
- LICENSE AND USE OF YOUR CONTENT
- When you register on the website, you are given a limited, revocable, and non-exclusive licence, which governs your use of the website, the services, and access to the company content (as defined below). You will not use the Website for commercial reasons; rather, you will only use it for personal use to find products, buy them, and process returns and refunds in line with its return and refund policy.
- The licence granted to you excludes the following uses of the Website, the Services, and/or the Company Content: (a) reselling of Products or commercial use of the Website or the Company Content; (b) collection and use of product listings, descriptions, or prices; (c) use of the Website, the Services, and/or the Company Content in any manner not expressly permitted by these Terms; (d) downloading or copying of Account Information; and (e) use of data mining, robots, or other similar data
- You give the Company a perpetual, irrevocable, non-exclusive right and licence to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display globally, or take action on any content you post on the website without seeking further authorization or payment, and you waive any claim to ownership of such content. You acknowledge that the Company may need the execution of deeds and other legal documentation in order to complete any of the aforementioned rights that you have given it.
- COMMENTS: Questions, comments, messages, ideas, feedback, recommendations, and other communications about the Site are welcome and will remain PillsMedica’s sole property. You give all worldwide rights and interests in other intellectual property rights, including copyrights, in the comments to PillsMedica by submitting them. PillsMedica may use, reproduce, disclose, publish, and distribute your content without limitation or compensation. Therefore, please only submit us comments you want to assign to us.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
- By using the Website, violating these Terms, or infringing on any of our or another party’s intellectual property or other rights, you agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs). In addition to the aforementioned, you undertake to provide us reasonable assistance, at your expense, in fighting any such claim, loss, liability, damage, or cost. We shall immediately inform you of any such claim, loss, liability, or demand.
PART B – SALE TERMS ON THE WEBSITE
- OUR SALE CONTRACT
- When we list and show a Product on the Website, we are inviting you to submit an offer to buy that Product. In the same way, your offer to purchase the Product (s) from us is made when you make an order on the Website.
- You will get an email and/or a text message (the “Order Confirmation”) after you have made an order with us for the purchase of a Product, confirming receipt of your order and providing the specifics of your order. The Order Confirmation does not constitute our acceptance of your offer; it is only a confirmation that we have received your order.
- If you order a product from us, we will only accept your offer and enter into a sales contract with you once the Product has been shipped or delivered to you and you have received notification via email and/or text message to your registered mobile number that the order has been fulfilled (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to accept or reject any order for any reason prior to sending you a Shipment Confirmation.
- Suppose your purchase is sent in several packages. In that case, you may get individual Shipment Confirmations for each shipment, and each Shipment Confirmation and related dispatch will result in a separate contract of sale between you and us for the Product (s) mentioned in that Shipment Confirmation.
- Only your registered cell phone number, email address, or any other contact number or email address that you may choose for a specific transaction will get communications from us. If your registered cell phone number or email address changes, you are responsible for updating it on the Website. In addition, we could notify you and remind you about the planned delivery of the bought goods. Although we will use our best efforts to promptly inform you of reminders and alerts pertaining to the delivery of the bought Product (s), we can only be held responsible if we do so.
- Please be aware that we only distribute products in amounts that match the prescription’s requirements.
- All orders made via the Website are contingent upon the Products’ availability, our acceptance of your offer in accordance with the aforementioned terms, and your continuous compliance with these Terms.
- By signing this agreement, you give us permission to tell any government agency on your behalf that the Products you bought are only for your personal, non-business use.
- You certify that you have had a physical examination by a physician and do not need another one. You are aware that at PillsMedica and/or its affiliates, all pharmaceuticals must be sold and delivered by a licensed pharmacist. For the specific purposes of (a) obtaining a valid prescription for any Rx that you have sent the Pharmacy and (b) packaging your prescriptions and delivering them to you, if you are the parent or authorized person on behalf of the patient, you hereby authorize and appoint PillsMedica and/or its affiliates to take all actions, sign all documents and behave as though you were physically there and operating on your behalf. By making this purchase, you give PillsMedica and/or its affiliates permission to dispatch your order by post or courier to the address you provide.
- This authorization includes, but is not limited to, the collection and use of your personal health information as required to fulfil your order.
- RETURN AND REFUND
- Please check the Website’s Cancellation, Returns and Refund Policy, which is applicable to Products purchased from us.
- AVAILABILITY OF THE PRODUCT
- We provide availability information for the Products on the appropriate Website. We cannot be more detailed about availability than what is stated on those pages or elsewhere on the Website. Please keep in mind that the dispatch estimate is not guaranteed and should not be used as such. As we complete your purchase, we will notify you through e-mail and/or mobile SMS if any of the Products you ordered are unavailable or out of stock.
- PRICING OF PRODUCTS
- The prices are all in US Doller. The listed price includes all relevant taxes.
- Products in your Website shopping basket will reflect the most current pricing as published on the Product’s details pages. Please keep in mind that this price may change from the one shown for the Product when you initially added it to your shopping basket. Placing an item in your shopping cart / basket does not reserve the price shown at the moment. The price of a Product will change between the time you add it to your shopping basket and the time you make your purchase. The pricing in effect at the moment of making the order is final.
- LICENSES
- You agree that in order to use, buy, or otherwise acquire some Product(s), you may need licences or other permits as needed by the relevant laws. Your exclusive responsibility will be to get these licences and permits and adhere to their conditions.
- LIMITATION OF LIABILITY
- No matter how many different claims you make against us, our total responsibility will never exceed the amount of money you paid us for goods or services under the order that gave birth to the claim. Neither you nor we can sue us for any indirect or consequential damages that were not obvious when the agreement to sell the Product to you was made, such as losses related to your business (such as lost profits, revenue, anticipated savings, contracts, data, goodwill, or wasted expenditure).
- MISCELLANEOUS
- FORCE MAJEURE
We shall not be held responsible if a delay or failure occurs due to an event that is beyond our reasonable control.
- WAIVER
Any waiver or permission must be in writing and signed by us for a provision of these Terms to be regarded waived or a breach to be forgiven. Any stated or implied permission by us to, or waiver of, your breach will not constitute consent to, waiver of, or justification for any additional, different, or future breaches.
- SEVERABILITY
If any provision of these provisions is judged by a court of competent jurisdiction to be unenforceable under applicable law, the rest of these Terms shall be read as if such provision were so excluded and will be enforceable in accordance with its provisions. In such a scenario, however, these Terms shall be read to give effect to the greatest extent permitted by relevant law and compatible with applicable law.
- AMENDMENT
These Terms may change from time to time without prior notice, and they are subject to additions and adjustments. You should often examine the Terms as they are posted on the Website. The most recent version of these Terms, as published on the Website, shall govern your relationship with the Website.
- OTHERS:
- In addition to these Terms, you are responsible for adhering to any other terms that may be incorporated in or integrated in the Services, such as bank offer terms and brand promotional terms. You acknowledge that any deal you make with one of these third parties will not subject us to liability.
- For the use of the Website, these Terms replace any prior oral and written Terms (if any) that we may have previously communicated to you, and the rights and obligations with regard to any Services supplied by us shall be subject to the terms of these Terms of Use.
- GOVERNING LAW AND DISPUTE RESOLUTION
The laws of India apply to any and all disputes and claims that arise out of these Terms in connection to any and all transactions that take place on the Website. These disputes and claims shall be subject to the exclusive jurisdiction of the appropriate courts in Mumbai.