TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE OR MOBILE APPLICATION.

a)     What is ezymeds

1.     The domain name www.eZymeds.com, an internet based portal, and eZymeds, a mobile application, is owned and operated by eZymeds Pharma Retail Innovations Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter, referred to as “eZymeds” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as “Website”.

2.     Your access or use of the Website, transaction on the Website and use of Services hosted or managed remotely through the Website, are governed by the following terms and conditions (“Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between You- the User on one part and eZymeds on the other Part.

3.     By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify your agreement to be bound by the Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by eZymeds’s policies, including its Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are applicable 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 this Terms of Use. However, if you navigate away from the Website to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.

4.     The Website is a platform that facilitates the purchase of pharmaceutical and healthcare services & products for sale by various relevant pharmacies as well as various Service providers like Lab/Diagnostic, Nursing, Therapy..etc (hereinafter referred to as “ Services”, with the relevant pharmacies referred to as “Sellers”). The arrangement between the Sellers and eZymeds shall be governed in accordance with this Terms of Use. The Services would be made available to such natural persons who have agreed to become buyers on the Website after obtaining due registration, in accordance with the procedure as determined by eZymeds, from time to time (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by the Sellers.

5.     You agree and acknowledge that the Website is a platform that Users and Sellers utilize to meet and interact with another for their transactions. eZymeds is not and cannot be a party to or save as except as may be provided in this document control in any manner, any transaction between the Users and Sellers.

6.     The Company reserves the right to change or modify these Terms of Use 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. Your continued use of the Website will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Website.

7.     This Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including but limited to:

·      the Indian Contract Act, 1872 (“Contract Act”);

·      the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules");

·      The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);

·      The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and Consumer Protection Act, 1986.

8.     eZymeds authorizes the User to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, ordering, receiving, delivering and communicating only as per the Terms of Use. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “eZymeds Content”), are the property of eZymeds and are protected under copyright, trademark and other laws. User shall not modify the eZymeds Content or reproduce, display, publicly perform, distribute, or otherwise use the eZymeds Content in any way for any public or commercial purpose or for personal gain.

9.     Compliance with the Terms of Use would entitle the User to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

10. These Terms of Use constitute an electronic record in terms of the Information Technology Act, 2000 and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

b)    Eligibility

1.     For the purposes of transacting with Sellers through the Website, the Users are required to obtain registration, in accordance with the procedure established by eZymeds in this regard. As part of the registration process, eZymeds may collect the following personal information from the Users:

·      Name;

·      User ID;

·      Email address;

·      Address (including country and ZIP/ postal code);

·      Gender;

·      Age;

·      Phone number;

·      Password chosen by the User;

·      Valid financial account information; and

·      Other details as the User may volunteer.

2.     The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.

3.     By registering, accessing or using the Website, you accept the terms of this Terms of Use and represent and warrant to eZymeds that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by its Terms of Use.

4.     A registered id can only be utilized by the person whose details have been provided and eZymeds does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of purchasing drugs or other pharmaceutical products or services, on behalf of such persons.

5.     We may use collected information for the  following purposes:

- To improve customer service. Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience.  We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site. We may use feedback you provide to improve our products and services.
- To process payments. We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature. To send Users information they agreed to receive about topics we think will be of interest to them.

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To send periodic emails. We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc.

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Our Site is in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.

c)     Privacy Policy

1.     eZymeds has duly formulated a policy on how the Company collects, uses and discloses personally identifiable information from its users (“Privacy Policy”). The Privacy Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.

d)    Services and Use of Website

1.     You agree and acknowledge that You would (a) create only one account; (b) provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Website; (c) maintain and promptly update Your account information; (d) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (e) promptly notify eZymeds if You discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.

Platform to facilitate transaction of business

2.     eZymeds provides Services through the Website, which is a platform that facilitates the purchase of drugs and other pharmaceutical and healthcare products, and services offered for sale by Sellers. You understand and agree that eZymeds and the Website merely provide hosting services to its Users and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Sellers/ manufacturers of drugs and other pharmaceutical products (“Manufacturers”), are third party user generated contents. eZymeds has no control over such third party user generated contents and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission.

3.     The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the drugs and other pharmaceutical products or services are offered by and agreed to between Users and Sellers and the contract for purchase of any of the drugs or other pharmaceutical products, or services, offered for sale on the Website by the Sellers shall strictly be a bipartite contract between the Seller and the User.

4.     The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the goods and services offered for sale by the Sellers, and after sales services related to such goods and services. eZymeds does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between Users and Sellers.

5.     Web browser cookies – eZymeds Website may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

Representation as to legal title

6.     eZymeds does not make any representation or warranty as to legal title of the goods and services offered for sale by the individual Sellers on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with eZymeds nor shall eZymeds have any obligations or liabilities in respect of any transactions on the website. The Users agree and acknowledge that the ownership of the inventory of such goods and services shall always vest with the Sellers, who are advertising or offering them for sale on the Website and are the ultimate sellers.

e)    The Users agree and acknowledge that the Seller shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Seller does not have the sole and exclusive legal ownership over the goods and services that have been offered for sale on the Website by such Seller, or did not have the absolute right, title and authority to deal in and offer for sale such goods and services on the Website.

1.     Use of eZymeds is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.

Possession and stocking

2.     eZymeds does not, at any point of time, take possession of, or stock any of the goods or services offered for sale by the Seller on the Website.

Non-Performance of Contact

3.     The User accepts and acknowledges the following:

·      eZymeds is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and Seller for purchase and sale of goods or services offered by such Sellers on the Website;

·      eZymeds cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website;

·      Seller is solely responsible for ensuring that the goods or services offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, eZymeds is not responsible if the Seller does not satisfy the contract for sale of goods or 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 the User;

·      eZymeds shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers. In particular, eZymeds does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website;

·      eZymeds may, at its sole discretion, suspend User’s ability to use or access the Website at any time while eZymeds investigates any complaints or alleged violation of the Terms of Use or for any other reason. In the event, Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact eZymeds immediately for such corrections. eZymeds shall have no liability or responsibility in this regard.

Exhibition of drugs and publication of Content/ Information on the Website

4.     The Users agree and acknowledge that the respective Sellers are exhibiting their catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.

5.     The contents provided on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Sellers on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.

6.     The Users acknowledge and agree that such Manufacturers / Sellers shall be solely responsible for ensuring that such third party generated information made available regarding the goods offered for sale on the Website, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Manufacturers/ Seller to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that eZymeds provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Website and the Users must run their own independent check. The Users agree and acknowledge that eZymeds has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale by the Sellers on the Website. The Users agree and acknowledge that it shall not hold eZymeds responsible or liable for any damages arising out of such reliance on third party user generated content by the User.

Consulting a Registered Medical Practitioner

7.     The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind.

8.     You must always consult a Registered Medical Practitioner with any questions or concerns you may have regarding the suitability of any drug offered for sale by the Sellers on the Website, in light of your individual needs and medical conditions. Reliance on any information appearing on the Website, whether provided by eZymeds, its content providers, visitors to the Website or others, is solely at Your own risk, and eZymeds shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the Website. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by You on any information published on the Website, the manufacturers/ Sellers from whom said content is obtained and made available on the Website shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and eZymeds shall have no liability in relation to the same.

9.     Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Website. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.

Prescription Drugs

10. The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products [including drugs which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner (“Prescription Drugs”)], offered for sale on the Website by Sellers. In order to purchase Prescription Drugs from Sellers through the Website, the Users are required to upload a scanned copy of the prescription on the Website or email the same to eZymeds. The order would not be internally processed and forwarded to the concerned Sellers by eZymeds until it receives a copy of a valid prescription. The Users are also required to make the prescription available at the time of receipt of delivery of Prescription Drugs.

11. eZymeds shall maintain a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines.

Substitution of Prescribed Drugs

12. The Users acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the Registered Medical Practitioner has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the prescribed drug or if the prescription solely lists the salt names instead of a specific brand name.

13. The User further acknowledges and accepts that, in the absence of the above, the concerned pharmacist would only dispense a substitute drug in place of the prescribed drugs after obtaining suitable permission from the prescribing Registered Medical Practitioner.

Invitation to offer for sale

14. Notwithstanding anything else contained in any other part of Terms of Use, the listing of drugs and other pharmaceutical products on the Website by the Sellers is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by User shall constitute an offer by such User to enter into an agreement with the Seller (“Offer”). Post the Offer, eZymeds shall send an email to the User with the information on the Offer along with the details of the concerned Seller(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 pharmacist after the validation/ verification of the prescription by such pharmacist (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant pharmacy (in the case of Prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to the User.

15. For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Seller’, as appearing in the Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Seller.

Transfer of Property and Completion of Sale

16. Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered.

17. Upon acceptance of the Offer by the concerned Seller (being the pharmacist), the drugs/ pharmaceutical products or services would be dispensed at the pharmacy, in accordance with the terms of the order placed by the User. Such dispensation shall also take place under the direct/ personal supervision of the Pharmacist, wherever required under the applicable law.

18. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.

19. Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

20. You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

21. Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household

22. The User acknowledges and agrees that the property in the drugs/ pharmaceutical products or services ordered by the User shall stand immediately transferred to the User upon the dispensation of drugs (in accordance with Clause 4.10) and the raising of the invoice at the concerned pharmacy. Accordingly, the sale of drugs/ pharmaceutical products is concluded at the concerned pharmacy itself.

23. The invoice in relation to the drugs/ pharmaceutical products, and services that are required to be delivered to the User shall be issued by the concerned Seller (being the pharmacy) who is to process and satisfy the order for such drugs/ pharmaceutical products, and services.

Delivery of Drugs

24. The goods shall be delivered by the Seller or independent contractors. The User accepts and acknowledges that the Seller or such other transporter/ courier/ delivery personnel, engaged by the Seller or eZymeds, shall be independent contractors in-charge of the delivery the goods from the concerned pharmacy to the address notified by the User, with no control over the goods and no additional obligation apart from standard delivery obligations and duty of care.

25. The User further accepts and acknowledges that eZymeds does not engage in the distribution of the concerned drugs or other pharmaceutical products, and may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User.

26. Please review our Returns  & Refund Policy, which applies to products sold by us.

Pricing and Availability

27. We list availability information for products sold by us on the website, including on each product information page. The prices mentioned are MRP of the product and the final value as seen in the cart will be indicative price. The actual price may vary based on the product’s batch etc. The final price and invoice will be generated by the merchant only after communicating the invoice value to you and obtaining your consent. 

28. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable. For more details, please review our Pricing policy and our Availability Guide, both of which apply to products ordered from us.

29. All prices are inclusive of VAT unless stated otherwise.

Compliance of Applicable Law

30. While communicating/ transacting with Sellers through the Website, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing drugs or pharmaceutical products or services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.

31. The Users must also ensure that the prescription uploaded on the Website or emailed to eZymeds for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Sellers or to eZymeds, as a result of any dispensation of Prescription Drugs by the Seller owing to the non-compliance by the User in this regard.

f)      Payment, Fees and Taxes

1.     Registration on the Website and the access to the information provided on the Website is free. eZymeds does not charge any fee for accessing, browsing and buying through the Website. The User agrees to make all payments directly to the respective Seller for purchase of goods from such Seller. The Sellers may choose to either personally collect such payment from the Users or may use the services of collection agents duly appointed in this regard. The Users agree and acknowledge that it shall not hold eZymeds responsible for any loss or damage caused to the User during the process, due to any acts or omission on the part of third parties viz. the Seller or the collection agents or for any actions/ omissions which are beyond the control of eZymeds.

g)     Covenants

1.     You undertake that You shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -

·      belongs to another person and to which the User does not have any right;

·      is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

·      infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;

·      violates any law for the time being in force;

·      impersonates another person;

·      contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

·      is prohibited under applicable law for the time being in force including Drugs Act (read with the Drugs Rules), the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, as amended from time to time and rules made there under;

·      threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

2.     The User is also prohibited from:

·      violating or attempting to violate the integrity or security of the Website or any eZymeds Content;

·      transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by eZymeds;

·      intentionally submitting on the Website any incomplete, false or inaccurate information;

·      using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

·      attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

·      copying or duplicating in any manner any of the eZymeds Content or other information available from the Website;

·      framing or hotlinking or deeplinking any eZymeds Content.

3.     eZymeds, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 4.2 above, shall be entitled to disable such information that is in contravention of S. 4.2. eZymeds shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

4.     In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, eZymeds has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.

h)    Liability

1.     The User accepts and acknowledges that eZymeds does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods made available on their Website, including any guarantee or warrantee that such goods (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Sellers have legal title over the goods being offered for sale by them on the Website.eZymeds also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered.

2.     The User further accepts and acknowledges that eZymeds does not verify any content or information provided by the Sellers/ or obtained from the Manufacturers, and to fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Website, the Services, the eZymeds Content, representations and warranties made by the Sellers or the content or information (provided by such Seller or obtained from the Manufacturers) on the Website or any opinion or suggestion given or expressed by eZymeds or any Seller in relation to any User or Services provided by eZymeds.

3.     The Website may be linked to web pages and content of third parties, affiliates and business partners (collectively,Third Party Content”). eZymeds does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that eZymeds shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, quality of such Third Party Content. Inclusion of any link on the Website does not imply that eZymeds endorses the linked site. User may use the links and these services at User's own risk.

4.     eZymeds assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.

5.     The listing of Sellers on the Website is based on numerous factors including User's comments and feedbacks. In no event shall the Protected Entities be liable or responsible for the listing order of Sellers on the Website.

6.     To the maximum extent permitted by applicable law, eZymeds, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such protected entity has been advised of the possibility of such damages.

7.     In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Seller to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Seller; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website.

8.     In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from the Terms of Use or a User's use of the Website exceed an aggregate amount of Rs. 1000. eZymeds accepts no liability for any errors or omissions, whether on behalf of the Users or third parties.

i)      Indemnity

1.     You agree to defend, indemnify and hold harmless eZymeds, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Your access to or use of Website; (b) Your violation of the Terms of Use; (c) Your violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Your conduct in connection with the Website.

j)      Modification of Website

·      making any unsolicited communications to other Users;

2.     eZymeds reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that eZymeds will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

k)     Termination

1.     The provisions of this Agreement shall continue to apply until terminated by either You or eZymeds as set for below:

·      If You want to terminate this Agreement with eZymeds, You may do so by:

·      not accessing the Website; or

·      closing Your accounts for all of the Services that You use.

·      eZymeds reserves the right to, at any time, and with or without notice, terminate this Agreement with You if:

·      You breach any of applicable law, including but not limited to the Drugs Act and the rules issued thereunder or the provisions of this Agreements or the terms of 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); or

·      eZymeds is unable to verify or authenticate any information provided to eZymeds by You; or

·      eZymeds believes, in its sole discretion, that Your actions may cause legal liability for eZymeds (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or

·      eZymeds is required to do so by law; or

·      if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for eZymeds to provide the Services to You; or

·      The provision of the Services to you, or to the general public, is in eZymeds’s opinion, no longer commercially viable; or

·      eZymeds has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).

2.     eZymeds may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without reason. Except as may be set forth in any of the 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; and (ii) barring You from further use or access of the Website or of any of the Services.

3.     Once terminated or suspended (temporarily or permanently), You may not continue to use the Website under the same account, a different account or re-register under a new account.

4.     Upon termination of this Agreement, eZymeds shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).

5.     The right to terminate/ suspend the account is in addition to, and without prejudice to, eZymeds’s right to initiate action against the User, in accordance with Clause [•] (Damages) of the Terms of Use.

l)      Force Majeure

1.     The User accepts and acknowledges that eZymeds or the Sellers shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of the User), or any other delay or default or deficiency or failure which arises from causes beyond eZymeds or the Seller’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, eZymeds or the Seller, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User of the facts which constitute the Force Majeure Event.

m)   Governing Law and Dispute Resolution

1.     This Agreement and any contractual obligation between eZymeds and User will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Your access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Kochi (Kerala).

n)    Survival

1.     Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

o)    Severability

1.     If any provision of this Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

p)    Contact Information

1.     If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at customercare@in.ezymeds.com

2.  If a User has any questions concerning eZymeds, the Website, this Agreement, or anything related to any of the foregoing, eZymeds can be reached at the following email address - customercare@in.ezymeds.com or via the contact information available from the following hyperlink:www.eZymeds.com

q)    Communication

1.     When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.

 

Notice and Procedure for Making Claims of Right Infringements

If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Amazon the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify ezymeds for all claims brought by a third party against ezymeds arising out of or in connection with the submission of a Notice Form.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on eZymeds and are posted solely at the direction of Third Party Sellers who may be contacted via their "Seller Information" page, accessible from any of their listings.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to ezymeds may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

Notice Form:


If you believe that your rights are being violated by an item or information on the eZymeds site, you may fill out and submit the Notice Form (below). This signed form can be sent via E-mail PDF to the Grievance Officer:

e-mail PDF: customercare@in.ezymeds.com
Subject Line: Claim of Infringement
or
Ezymeds Pharma Retail Innovations Pvt Ltd.
36/2318-B, 2nd Floor, Mootheril Bldg, Kaloor-Kadavanthra Road,
Kaloor, Kochi - 682 017, Kerala.
 
(We will accept a signed PDF via e-mail with the subject line "Claim of Infringement", unless by prior agreement we have agreed with you for an alternative receipt mechanism).
Please fill out the Notice form using the corresponding numbered paragraphs to frame your communication.
 

Notice Form

Re: ezymeds.com

I, [INSERT FULL NAME AND TITLE ] of [COMPANY NAME, IF APPLICABLE] , state as follows:

1.       Contact information: (a) Your and/ or your company's name, address, telephone number and contact email address; (b)The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).

2.       Listing's and Allegation of Infringed Right: (a) The listing's detailed description of where the information that you claim is infringing your rights is located on the site; if regarding a Third Party Seller listing please also provide the name used to identify the Seller on the site (look for "dispatched and sold by _____" or "by ______" in the listing).

3.       Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."

4.       Include the following statement: "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."

5.       Sign the Notice Form.

 

Notice and Procedure for Notifying ezymeds of Objectionable Content

If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content, please notify us immediately by copying the Notice to eZymeds of Objectionable Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a signed copy via E-mail PDF to the Grievance Officer:

E-mail PDF: customercare@in.ezymeds.com

Subject Line: Claim of Objectionable Content

or

Ezymeds Pharma Retail Innovations Pvt Ltd.

36/2318-B, 2nd Floor, Mootheril Bldg, Kaloor-Kadavanthra Road,

Kaloor, Kochi - 682 017, Kerala.

Please note that this procedure is exclusively for notifying eZymeds of Objectionable Content on or advertised for sale on the eZymeds website. Please provide your address, telephone number, and e-mail address when sending the notice to us.

Important Warning: Giving false, misleading or inaccurate information in the Notice to eZymeds may result in civil and/ or criminal liability

Notice to eZymeds of Objectionable Content

In the matter of eZymeds

I, [Please set out your full name] of [please give your postal address], [please set your occupation] , says as follows:

1.       I refer to the eZymeds website. I make this statement in support of my giving eZymeds notice that, via the website, it is causing or contributing to the publication of Objectionable Content.

2.       The Objectionable Content (Provide Details of the Objectionable Content)

3.       This content is Objectionable Content because [please state why you consider the content is Objectionable Content].

4.       I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.

 

Statement of Truth

I declare the facts stated above to be true.

Signed:

Dated:

Please read the conditions of use carefully before using the eZymeds website. By using the eZymeds website, you signify your agreement to be bound by these conditions

Ezymeds Software Terms

 

1.       Use of the Ezymeds Software

You may use Ezymeds Software solely for purposes of enabling you to use and enjoy the Ezymeds Services as provided by EPRIL, and as permitted by the Conditions of Use, these ezymeds Software Terms and any Terms. You may not incorporate any portion of the ezymeds Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the ezymeds Software or otherwise assign any rights to the ezymeds Software in whole or in part. You may not use the ezymeds Software for any illegal purpose. We may cease providing any ezymeds Software and we may terminate your right to use any ezymeds Software at any time. Your rights to use the ezymeds Software will automatically terminate without notice from us if you fail to comply with any of these ezymeds Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain ezymeds Software that are specifically identified in related documentation may apply to that ezymeds Software (or software incorporated with the ezymeds Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any ezymeds Service is the property of EPRIL and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.

2.       Use of Third Party Services

When you use the ezymeds Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3.       No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the ezymeds Software, whether in whole or in part, or create any derivative works from or of the ezymeds Software.

4.         Updates

        In order to keep the ezymeds Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.