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Terms and Conditions
Welcome to MEDISHUTTER ("Medishutter.com", "Medishutter", "Website", "Pharmacy", ”App”, or "we"). This Website/App is owned and operated by MEDISHUTTER PRIVATE LIMITED whose registered office is in BHILAI, India.
MEDISHUTTER.COM is associated with both B2C & B2B business Model.
The following are the Terms and Conditions, read together with the
Privacy Policy, that govern your purchase and use of the products and
services (the "Products") from Medishutter.com, and constitute a legally
binding agreement, between you ("the Customer", the "User" or "the
Caregiver") and Medishutter.com, a healthcare service provider.
In terms of Information Technology Act, 2000, this document is an
electronic record. Being generated by a computer system it does not
require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3
(1) of the Information Technology (Intermediaries Guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy
and Terms of Use for access or usage of https://Medishutter/ or the
application ‘Medishutter.
The domain name https://Medishutter/ (hereinafter referred to as
‘Website’) and the Mobile Application Medishutter (hereinafter referred
to as ‘App’) bearing the registered address at Plot No. 11, Block no.
9,Priyadarshini parisar,supela,Bhilai (chhattisgarh) India.
For the purpose of these Terms of Service, wherever the context so
requires the term ‘You’/ ‘User’ shall mean any natural or legal person
who has downloaded and installed this Mobile Application (hereinafter
referred to as ‘App’) and provided Registration Data while registering
on the App or by simply visiting the Website by entering the domain name
in any internet browser. Any services provided by the Website/App which
do not require registration do not absolve you of the contractual
relationship established by this Agreement.
Wherever the context requires, the term ‘Doctor/registered medical
practitioners’ shall mean any person permitted to practice medicine by
the MCI (Medical Council of India) or any regional council for
registration of Doctor/registered medical practitioners duly authorized
by the government who will be verified and authenticated by us.
By downloading and installing this App, you are bound by these Terms of
Service and any other binding document as decided by the Company. You
are requested to read them carefully before accepting the same and
moving forward to using the App/Website.
By visiting, viewing, accessing or otherwise using any of the services
or information created, collected, compiled or submitted to Medishutter,
you are deemed to have agreed to all the following Terms and Conditions
of Sale/Service. So, before you use this Website/App, please read these
Terms carefully as you agree to be bound by them. If you do not accept
these Terms and Conditions, please do not use this App/Website.
1.CREATING AN ACCOUNT:
1.1 To use certain features of the Website/App (e.g., ordering Products,
posting rating/reviews, receiving Medishutter enewsletters), you must
set up an account with Medishutter.com ("Medishutter Account") and
provide certain information about yourself as prompted by the Customer
Information form, including, your name, gender, email address, account
password, mobile phone number and billing/shipping address. All of your
registration information is protected by our Privacy Policy.
1.2 You represent and warrant that the information you submit during
registration is truthful and accurate and that you will maintain the
accuracy of such information.
1.3 Your Medishutter Account username and password are personal to you.
You may not transfer your account and you will be responsible for the
activities associated with your Medishutter Account.
1.4 Medishutter.com will not be liable for any loss or damages as a
result of your failure to maintain the confidentiality of your account
credentials. If you suspect any unauthorised use of your Medishutter
account, you shall immediately notify Medishutter.com.
1.5 It is your responsibility to keep your email address up-to-date on
your account setup at Medishutter.com/app so that we can communicate
with you electronically.
1.6 By creating this account you agree to receive communications from us
via email, telephone, SMS and chat. If you, at any time, wish to
discontinue receiving communications from us, you agree to notify us by
email.
2. PRIVACY POLICY:
2.1 Your personally identifiable information will be used in accordance
with our Privacy Policy. To understand our practices, as to how we
collect, use and disclose your personally identifiable information,
please refer our Privacy Policy, which also governs your visit to
Medishutter.com.
2.2 We understand the privacy of all information you provide is of a
primary importance. This is why we do everything possible to use it
carefully and sensibly. This information is never shared with other
companies or third party service providers.
3. COMMUNICATIONS
By using this Website/App, it is deemed that you have consented to
receiving all types of notifications, calls, auto-dialled and/or
pre-recorded messages or calls or information through any media or
source, from us at any time with the use of the telephone number that
has been provided by you for the use of this Website/App, subject to the
Privacy Policy. This includes contacting you through information
received through other parties as well as contacting other parties
through the information you provide to us. The use of this Website/App
you also consent to receive SMSs from us at any time we deem fit. This
consent to be contacted is for purposes that include and are not limited
to clarification calls and marketing and promotional calls. In case you
wish to stop the contact with us for the same, you may send us a mail
to the effect at Medishutter@gmail.com
You may also be contacted by Service Providers with whom we have entered
into a contract in furtherance of our rights, duties and obligations
under other agreements, contracts and policies followed by us. Such
contact will be made only in pursuance of the respective contracts,
agreements and/or policies.
The sharing of the information provided by you will be governed by the
Privacy Policy. We will not give out your contact information to third
parties not connected with the Website/App and the services offered by
it, and/or for any purpose not in furtherance of the activities and aims
of the Company. Please refer to the 'Privacy Policy' for more
information.
4.SECURITY POLICY:
All your transactions are secure when you place an order online at
Medishutter.com. Your personal information is encrypted by using 256-bit
Secure Sockets Layer (SSL) encryption technology before being sent over
the Internet, which ensures the privacy and high level of security of
all your information.
5. CUSTOMER MEMBERSHIP/USAGE/ELIGIBILITY:
The membership/usage of the Website/App is restricted to those above 18
years of age, or to such group that can be termed to have attained
'majority' under the laws of the respective jurisdictions where this
Website/App can be seen and is accessible or to emancipated minors, who
possess legal parental or guardian consent, or are in a position so as
to be fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in
these Terms of Service, and to abide by and comply with these Terms of
Service.
Membership cannot be availed of by those who are deemed Incompetent to
Contract under the Indian Contract Act, 1872 subject to the
aforementioned conditions.
Further, you are solely responsible for protecting the confidentiality
of your username and password and any activity under the account will be
deemed to have been done by you. In the case that you provide us with
false and inaccurate details or the Company has reasonable reasons to
believe you have done so, we hold the rights to suspend your account
and/or terminate this Agreement without any notice and without being
held liable for the same.
You understand the App downloaded/or the website you use on to your
phone or tablet is owned by us and we may automatically upgrade the
App/website and these Terms shall apply to the upgrades as well. We
reserve the right to terminate this agreement without any notice and
suspend the account without assigning any reason.
6. PRICE AND PAYMENT:
The installation and use of this Website/App is free of cost for
customers and this includes only the usage of certain services of the
Website/App. You hereby understand that this No-Charge-Policy maybe
amended at anytime at the discretion of the Company. However, in the
event, you use the App/Website to order Medicines bases on your
prescriptions or otherwise with the available range of ordering features
and categories available or applicable at the time of use of the
application , choose a Doctor/registered medical practitioners and book
an appointment, you shall be required to pay for the consultation. In
case of video or phone consult, you shall be required to pay for the
consultation prior and in the case of clinic consult, the patient shall
pay the Doctor/registered medical practitioners after the consult.
For the purpose of this section, Buyer would include any user choosing to use the services offered on our App/Website.
Seller means Dealers , Shops or Authroised Medicine provider i.e. registered Pharmacy
Service Connector – Means Us/Website/App/Company/Firm.
While availing any of the payment methods available on the App/Website,
We will not be responsible or assume any liability, whatsoever in
respect of any loss or damage arising directly or indirectly to you due
to:
i. Lack of authorization for any transaction(s), or
ii. Exceeding the preset limit mutually agreed by you and between ‘Bank(s)’, or
iii. Any payment issues arising out of the transaction, or
iv. Decline of transaction for any other reason(s).
v) In case of Medicines the payment will be credited to Medicine
providing firms and they will be liable for any issues with the
customers and not we i.e. the Service Connector / Website / App/Company /
Firm
All payments made against the services or products on behalf of the
Medicine Providers, Doctors or any Service connector fees which may
applicable to the Medicine Providers , Doctors etc. or in future if
applicable to Customers on the App by you shall be compulsorily in
Indian Rupees. The Website/App will not facilitate transaction with
respect to any other form of currency with respect to the purchases made
on Website/App.
6.1 All our product prices include all applicable statutory taxes.
6.2 We make every effort to make sure that the pricing and availability
of Products on our Website/App is accurate and up to date. However,
rarely, there may be an error on the pricing of a product or an error
related to product availability. In such cases, we are not responsible
for any typographical errors and we reserve the right to cancel the
sale.
6.3 We reserve the right to correct any inaccuracies or omissions
related to pricing and product availability/descriptions, even after you
have submitted your order, and to change or update any other
information at any time without prior notice.
6.4 Following are Medishutter.com delivery charges, which are based on the order value.
₹1.00-₹499.00=₹20.00
₹499.00-₹10000.00=₹0.00
Note: Delivery charges quoted above are applicable on ALL Orders at Medishutter.com.
6.5 Delivery times may vary depending on the delivery location as well as the type of product you order.
6.6 You can make the payment via any one of the following methods of
payment: Credit/Debit Card, Net Banking ,Cash on Delivery, at the time of
pick up or any other mode or rule which is guided by company policy
existing or updated by time to time by the company.
7. USE OF INFORMATION ON THE WEBSITE/APP:
7.1 The information on this Website/App is not a substitute for
professional medical advice or treatment for specific medical
conditions. It is important that you do not make medical decisions, and
you should always seek the advice from qualified healthcare professional
with any questions you may have about your medical condition.
7.2 Medishutter.com does not endorse any views or opinions that may be
included in the Website/App Content, or other information provided
through our Services. Your submission of questions or reviews on our
Products does not constitute a professional relationship between you and
Medishutter.com.
8. THIRD PARTY INFORMATION:
The content on the Website/App which includes all text, graphics, user
interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music, design documents, and artwork is Our content (hereinafter
referred to as ‘Content’). The Website/App may contain links to/ content
of third party websites that are not associated with us. We have no
control over any third party user generated content as we are merely an
intermediary for the purposes of those content. In the event, if any of
the Third Party Content infringes any Intellectual Property of any
person, the Third Party shall be solely responsible for any loss caused
and we shall not be liable. You may send as an email at medishutter@gmail.com to report any such content.
Other than that when expressly allowed, any use of our Content and it
being reproduced, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted or distributed in any way (including
"mirroring") to any other computer, server, website or other medium for
publication or distribution or for any commercial enterprise, without
our express prior written consent is not allowed.
9. USER CONTENT:
The content that you upload or post will become our property and you
grant us the worldwide, perpetual and transferable rights in such
Content. We shall be entitled to, consistent with our Privacy Policy as
adopted in accordance with applicable law, use the Content or any of its
elements for any type of use forever, including but not limited to
promotional and advertising purposes and in any media whether now known
or hereafter devised, including the creation of derivative works that
may include any content you provide and are not entitled to any payment
or other compensation for such use. You also grant us the right to
sub-license these rights, and the right to bring an action for
infringement of these rights. We reserve the right to edit or remove any
material submitted to this Website/App, or stored on our servers, or
hosted or published upon this Website/App.
Those posting any form of User content on the Website/App must verify
the truthfulness and authenticity of the particulars of the content,
including the time, place and nature. Before allowing such content to be
posted on the Website/App, we have the right and authority to verify
the accuracy of such particulars related to the content with the
respective sources provided by the user posting such content, if we feel
that there is a need to check such accuracy. We have the right to
upload content on behalf of third parties, subsequent to collecting such
information and verifying it if we deem it necessary. Notwithstanding
this, we can in no way be held liable for any false or misleading
information.
In case any content is considered to be unlawful or against the law
within any jurisdiction in which our Website/App can be seen and
accessed, it shall be removed forthwith by us on being intimated by the
authorities of the respective jurisdiction that such content is deemed
unlawful. We cannot be held liable or questioned for the same.
10. USER OBLIGATIONS:
You are a restricted user of this Website/App.
10.1. You are bound not to cut, copy, distribute, modify, recreate,
reverse engineer, distribute, disseminate, post, publish or create
derivative works from, transfer, or sell any information or software
obtained from the Website/App. With our prior permission limited use may
be allowed. For the removal of doubt, it is clarified that unlimited or
wholesale reproduction, copying of the content for commercial or
non-commercial purposes and unwarranted modification of data and
information within the content of the Website/App is not permitted. You
shall not, nor allow third parties on your behalf to (i) make and
distribute copies of the Website/App (ii) attempt to copy, reproduce,
alter, modify, reverse engineer, disassemble, decompile, transfer,
exchange or translate the Website/App; or (iii) create derivative works
of the Website/App of any kind whatsoever.
10.2. You agree not to access (or attempt to access) the App and/or the
materials or Services by any means other than through the interface that
is provided by the Website/App. The use of deep-link, robot, spider or
other automatic device, program, algorithm or methodology, or any
similar or equivalent manual process, to access, acquire, copy or
monitor any portion of the App or Content, or in any way reproduce or
circumvent the navigational structure or presentation of the
Website/App, materials or any Content, to obtain or attempt to obtain
any materials, documents or information through any means not
specifically made available through the Website/App. You acknowledge and
agree that by accessing or using the Website/App or Services, you may
be exposed to content from other users that you may consider offensive,
indecent or otherwise objectionable. We disclaim all liabilities arising
in relation to such offensive content on the Website/App. Further, you
may report such offensive content by sending us an e-mail to our
official e-mail address.
10.3. This Website/App by nature allows you to upload information; you
undertake to ensure that such material is in accordance with applicable
laws. Further, you undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the
Website/App or the Services (or the servers and networks which are
connected to the Website/App);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatsoever;
or unlawfully threatening or unlawfully harassing including but not
limited to "indecent representation of women" within the meaning of the
Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) Upload or distribute files that contain viruses, corrupted files, or
any other similar software or programs that may damage the operation of
the Website/App or another's computer;
g) Download any file posted by another user of a Service that you know,
or reasonably should know, cannot be legally distributed in such manner;
h) Probe, scan or test the vulnerability of the Website/App or any
network connected to the Website/App, nor breach the security or
authentication measures on the Website/App or any network connected to
the Website/App. You may not reverse look-up, trace or seek to trace any
information on any other user, of or visitor to, the Website/App, or
any other customer of the Website/App, including any account not owned
by you, to its source, or exploit the Website/App or Service or
information made available or offered by or through the Website/App, in
any way whether or not the purpose is to reveal any information,
including but not limited to personal identification information, other
than your own information, as provided for by the Website/App;
i) Disrupt or interfere with the security of, or otherwise cause harm
to, the Website/App, systems resources, accounts, passwords, servers or
networks connected to or accessible through the Website/App or any
affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
k) Use the Website/App or any material or Content for any purpose that
is unlawful or prohibited by these Terms of Service, or to solicit the
performance of any illegal activity or other activity which infringes
the rights of this Website/App or other third parties;
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside India;
n) Violate the Terms of Service including but not limited to any
applicable Additional Terms of the Website/App contained herein or
elsewhere;
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) Threaten the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
q) Publish, post, disseminate information that is false, inaccurate or
misleading; violate any applicable laws or regulations for the time
being in force in or outside India;
r) Directly or indirectly, offer, attempt to offer, trade or attempt to
trade in any item, the dealing of which is prohibited or restricted in
any manner under the provisions of any applicable law, rule, regulation
or guideline for the time being in force.
s) Create liability for us or cause us to lose (in whole or in part) the
services of our internet service provider ("ISPs") or other suppliers;
While we shall not be held liable or answerable to Users for any such
acts on your part, violation of this clause would lead to potential
criminal legal action against you, either by other Users of the
Website/App or by us.
We can (and You hereby expressly authorize Us to) disclose any
information about you to law enforcement or other government officials,
as we, in our sole discretion, believe necessary or appropriate in
connection with the investigation and/or resolution of possible crimes,
especially those that may involve personal injury. You understand that
we have the right at all times to disclose any information (including
the identity of the persons providing information or materials on the
Website/App) as necessary to satisfy any law, regulation or valid
governmental request. This may include, without limitation, disclosure
of the information in connection with investigation of alleged illegal
activity or solicitation of illegal activity or in response to a lawful
court order or subpoena.
We have no obligation, to monitor the material posted on the
Website/App. We shall have the right to remove or edit any content that
in its sole discretion violates, or is alleged to violate, any
applicable law or either the spirit or letter of these Terms of Service.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE
CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/APP. In no event shall
we assume or have any responsibility or liability for any Content posted
or for any claims, damages or losses resulting from use of Content
and/or appearance of Content on the App. You hereby represent and
warrant that you have all necessary rights in and to all Content which
you provide and all information it contains and that such Content shall
not infringe any proprietary or other rights of third parties or contain
any libelous, tortuous, or otherwise unlawful information.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
11.1 All information, Products and services included on or otherwise
made available to you through this Website/App are provided by
Medishutter.com on an "as is" and "as available" basis, either expressed
or implied, we specifically disclaim warranties of any kind to the
extent allowed by the applicable law. You expressly agree that your use
of this Website/App is at your sole risk.
11.2 Medishutter.com assumes no responsibility for any damages or
viruses that may infect your computer equipment or other property on
account of your access to, use of, or browsing in this site.
11.3 Medishutter.com has exerted reasonable efforts to ensure that all
information published on the Website/App is accurate at the time of
posting; however, there may be errors in such information for which we
shall have no liability. We reserve the right to remove or alter any of
the information contained on the Website/App at our sole discretion.
11.4 Medishutter.com cannot guarantee the adequacy, currency or
completeness of the Website/App content. Medishutter.com does not
warrant or endorse the effectiveness, quality or safety of the Products
available on its Website/App.
11.5 We disclaim responsibility for any harm to persons resulting from
any instructions or Products referred to in the Website/App.
Medishutter.com is not associated with any manufacturer of medicines or
other products on the Website/App. We do not warrant that the
Website/App, or its content will meet your requirements.
11.6 Please note that while Medishutter has made every effort to
accurately display the colours of products on its Website/App, the
actual colour you see will depend on your monitor. We cannot guarantee
that your monitor's display of any colour will be the same as the colour
of the Products delivered to you.
11.7 We may let you view our information and communicate with us through
the Social Media services such as Facebook and Twitter. Medishutter
explicitly disclaims any responsibility for the terms of use and privacy
policies that govern these third-party websites, which are in no way
associated with us.
11.8 Medishutter.com accepts no responsibility for any loss or damage
suffered due to your reliance on the product reviews posted by the
Medishutter Users.
11.9 Medishutter.com reserves the right to modify or withdraw any part
of the website/App or any of its content at any time without notice.
12. APP/WEBSITE AVAILABILITY:
We take all reasonable care to ensure the availability of the
Medishutter.com Website/App 24 hours every day, 365 days per year.
However, the Website/App may become temporarily unavailable due to
maintenance, server or other technical issues, or for reasons beyond our
control. Medishutter.com does not warrant uninterrupted access to this
Website/App or any linked website/App. However, we may, but shall not be
obliged to, issue a notice when we know of scheduled maintenance of our
Website/App.
13. LINKS TO THIRD-PARTY WEBSITES:
We provide link to third-party websites, our online payment service
partners, which process your Net Banking and Credit/Debit Card payments,
respectively. We are not responsible for the availability or proper
functioning of such linked pages or sites, and we will not be held
responsible for any loss or inconvenience encountered as a result of
using such Website link.
14. TERMS OF SALE:
14.1 Medishutter.com may accept or decline any order placed by a Customer in its absolute discretion without liability to you.
14.2 Medishutter.com reserves the right to discontinue any program or offer on its Website/App.
14.3 We reserve the right, without prior notice, to limit the order quantity of any Products available on Medishutter.com.
14.4 We acknowledge and you agree that you have fully and accurately
disclosed your personal information and personal health information and
consent to its use by the Pharmacy Medishutter and/or its affiliates.
You confirm that you have had a physical examination by a physician and
do not require a physical examination.
14.5 You understand that all Products shall be sold & dispensed by a
registered Pharmacist at Medishutter and/or its affiliates.
14.6 If you are the patient/parent/authorised person on behalf of the
patient, you authorise and appoint the Pharmacy Medishutter and/or its
affiliates, as your attorney and agent, to take all steps, sign all
documents and to act on your behalf as if you were personally present
and acting for yourself for the limited purposes of (a) obtaining a
valid prescription for any prescription which you have sent the
Pharmacy; and (b) packaging your prescriptions and delivering them to
you. By making this purchase you hereby authorise Medishutter and/or its
affiliates to ship the order by Post/courier to your designated
location. This authorisation shall include, but not be limited to:
collecting and using your personal and personal health information as
reasonably necessary for the fulfillment of your order. "YOU HAVE READ
AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU
AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES."
14.7 "If you are the parent/legal guardian/authorised person for the
patient disclosed herein, you affirm that you are over the age of
majority, and have full authority to sign for and provide the above
representations to the Pharmacy Medishutter and/or its affiliates on the
Patient's behalf."
14.8 PROMO CODE can be upgaraded , generated, used , accepted or it
can be rejected without giving any explanation due to any reasons
whatsoever
15. PRESCRIPTION MEDICATION POLICY:
15.1 Medishutter.com, a fully licensed and regulated pharmacy, takes all
precautions to strictly abide by the laws and regulations set forth in
the dispensing of prescription medications. By placing the order for
your prescription medicines, you acknowledge and accept the following
terms regarding the purchase of any prescription medicines.
15.2 Medishutter.com will not dispense any prescription medication without a valid prescription from a licensed physician.
15.3 If you are ordering prescription medication(s), you hereby confirm
that you will send us a scanned copy of your valid prescription(s) via
email, fax, Whatsapp or any media or by post, and this prescription
shall then be subject to the scrutiny of and approval by our qualified
Pharmacists.
15.4 If our pharmacists have any questions or concerns about the
prescription(s) you hereby authorize them to consult with an external
network of doctors about the validity of the prescription.
15.5 The drug information provided in the Medishutter.com is for
informative purposes only and this Website/App is not intended to
provide diagnosis, treatment or medical advice. We are not liable for
any adverse effects or harm to you as a result of your reliance on the
information in the Website/App.
15.6 Medishutter requires either the User or Customer or the Caregiver
to confirm he/she is completely aware of the indications, side effects,
drug interactions, effects of missed dose or overdose of the medicines
he/she orders from us. It is imperative to seek professional advice from
your physician before purchasing or consuming any medicine from
Medishutter.com.
15.7 At Medishutter.com, a Caregiver can order prescription medicines on your behalf.
16. CANCELLATION, RETURN AND REFUND POLICY:
Refund Policy:
At Medishutter.com, we do our best to ensure that you are completely
satisfied with our products. And we are happy guide the Medicine
providers to issue full / partial/No refund as per the policy of the
company or in case Medishutter charges any fees for any services then we
can also issue a full refund based on the conditions listed below:
Full Refund Possible If:
• you received a defective item;
• the ordered item(s) is lost or damaged during transit;
• the ordered item(s) is past its expiry date.
Please note: Mode of refund may vary depending on circumstances. If the
mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to
10 working days for the credit to appear in your account. While we
regret any inconvenience caused by this time frame, it is the bank's
policy that delays the refund timing and we have no control over that.
If the mode of refund is by Wallet, credit should be available
within 24 hours.
How to Request a Refund:
To request a refund, simply email us your order details, including the
reason why you're requesting a refund. We take customer feedback very
seriously and use it to constantly improve our quality of service.
If you have any queries, do call our help desk at +919300988552, email
us at Medishutter@gmail.com, or contact our customer support executives
through calling. We're here for you!
Return Policy:
We do our best to ensure that the products you order are delivered
according to your specifications. However, should you receive an
incomplete order, damaged or incorrect product(s), please notify
Medishutter Customer Support immediately or within 10 working days of
receiving the products, to ensure prompt resolution. Please note that
Medishutter.com will not accept liability for such delivery issues if
you fail to notify us within 10 working days of receipt.
We also understand that various circumstances may arise leading you to
want to return a product or products that are not defective. In these
cases, we may allow the return of unopened, unused products after
deducting a 20% restocking charge, ONLY if you notify us within 30
working days of receipt.
Return Policy Exceptions:
Please note that we are unable to offer replacements or exchanges for
the following product categories: Injections, Health Monitor &
Equipments and Ortho Support. Also, Medishutter.com reserves the right
to refuse returns (or refunds) for certain products, as marked in the
respective product pages as "Note: This item cannot be returned for a
refund or exchange."
17. CANCELLATION :
The Website/App shall be only an intermediary connecting the User with
the Doctor/registered medical practitioners of the service booked. Once
the appointment has been made and a confirmation has been given to the
User, the Company shall inform the Doctor/registered medical
practitioners who shall render the consult at the agreed time, location
and mode provided at the time of booking the service.
Once an appointment has made and it is confirmed at our end, no amount
shall be refunded, in the event of a cancellation. However, in certain
circumstances, the Company at its discretion shall permit a refund of
the full or partial amount if the Doctor/registered medical
practitioners becomes unavailable or if an alternative Doctor/registered
medical practitioners is arranged to consult. The decision of the
Company shall be final in such cases.
It is to be noted clearly that if the medicine is out for delivery , it can only be replaced and cannot be refunded or cancelled . But it is Cash on Delivery , then also the amount of service expenses as per the policy of company has to be provided to the company / medicine provider as per the rules of company applicable.
18. LOCATION:
Currently we provide the phone call and face to face video call services
in India. For the same please contact us at medishutter@gmail.com.
19. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS:
19.1 As per the Terms and Conditions of Medishutter.com, the Website/App
grants access to Users/Customers to view the content solely for
visiting, ordering, and communicating only. All materials in this
Website/App, including, but not limited to, images, illustrations, text,
logos and page headers, that are part of this Website/App are
copyrights and/or other intellectual properties owned by Medishutter
Private Limited. All other trademarks not owned by Medishutter.com
that appear on this Website/App are the property of their respective
owners, who may or may not be affiliated with, connected to, or
sponsored by Medishutter.com.
19.2 You hereby agree that you will not reproduce, duplicate or copy the
content of Medishutter.com for any purpose, unless you have been
specifically permitted to do so in a separate agreement with this
Website/App.
20. USER INDEMNIFICATION:
You hereby agree to indemnify, defend, hold harmless Medishutter.com and
its officers, directors, employees, agents, information providers,
partners, licensors, advertisers and suppliers from and against all
claims, losses, expenses, damages and costs, including reasonable legal
fees and costs, resulting from any violation of this agreement, or any
activity related to your account, or any information or material you
have submitted or will submit to us in violation of any law or in breach
of any third party rights (including, but not limited to, claims in
respect of defamation, invasion of privacy, or infringement of any other
intellectual property right). We reserve the right to exclusively
defend and control any claims arising from the above and any such
indemnification matters, and you hereby agree to cooperate fully with us
in asserting any available defenses.
21.COMPLIANCE WITH LAWS:
The User of the Website/App shall comply with all the applicable laws
including without limitation to Foreign Exchange Management Act, 1999
and the rules made and notifications issued there under and the Exchange
Control Manual as may be issued by Reserve Bank of India from time to
time, Customs Act, Information and Technology Act, 2000 as amended by
the Information Technology (Amendment) Act 2008, Prevention of Money
Laundering Act, 2002 and the rules made there under, Foreign
Contribution Regulation Act, 1976 and the rules made there under, Income
Tax Act, 1961 and the rules made there under, Export Import Policy of
government of India) applicable to them respectively for using Payment
Facility and the website/App.
22. APPLICABLE LAW AND JURISDICTION:
These Terms and Conditions and your use of this Website/App and its
content will be governed by and construed in all respects in accordance
with the laws of India subject to the jurisdictional courts of durg.
23. DISPUTE RESOLUTION:
These Terms of Service will be governed by and construed in accordance
with the laws of India without regard to its conflicts of law
provisions. Any failure of the Website/App/ Company to enforce or
exercise any provision of this Agreement or related right shall not
constitute a waiver of that right or provision. The section titles used
in this Agreement are purely for convenience and carry with them no
legal or contractual effect. In the event of termination of this
Agreement for any reason, you agree the following provisions will
survive: the provisions regarding limitations on your use of Content,
the license(s) you have granted to the Website/App/Company, and all
other provisions for which survival is equitable or appropriate.
In the case of a conflict between these terms and the terms of any
electronic or machine readable statement or policy, these Terms of
Service shall prevail. Similarly, in case of a conflict between these
terms and our Privacy Policy, these Terms of Service shall prevail.
All disputes involving but not limited to rights conferred,
compensation, refunds, and other claims will be resolved through a
two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further
agreed to by the Parties that the contents of this Section shall survive
even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the parties, the Parties
will attempt to resolve the same amicably amongst themselves, to the
mutual satisfaction of both Parties. In the event that the Parties are
unable to reach such an amicable solution within thirty (30) days of one Party communicating the
existence of a dispute to the other Party, the dispute will be resolved
by arbitration, as detailed here in below;
b) Arbitration. In the event that the Parties are unable to amicably
resolve a dispute by mediation, said dispute will be referred to
arbitration by a sole arbitrator to be appointed by the Company, and the
award passed by such sole arbitrator will be valid and binding on both
Parties. The Parties shall bear their own costs for the proceedings,
although the sole arbitrator may, in his/her sole discretion, direct
either Party to bear the entire cost of the proceedings. The arbitration
shall be conducted in English, and the seat of Arbitration shall be the
city of Durg in Chhattisgarh State in India. The Parties expressly
agree that the Terms, Policy and any other agreements entered into
between the Parties are governed by the laws, rules and regulations of
India, and that the Courts at durg shall have exclusive jurisdiction
over any disputes arising between the Parties.
24. SEVERABILITY:
If any provision of these Terms and Conditions shall be unlawful, void,
or for any reason unenforceable, then that provision shall be deemed
severable from these Terms and Conditions and shall not affect the
validity and enforceability of any remaining provisions.
25. DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE/APP, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS
WEBSITE/APP IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY
THAT:
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE/APP, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO
LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY
RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO
DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR
UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE WEBSITE/APP IS DONE ENTIRELY AT THEIR OWN
DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL
ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY
ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU
WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.
26. SUBMISSIONS:
26.1 Medishutter.com reserves sole discretion to accept, edit or reject
any and all materials you may send to us (collectively, "Submissions")
as part of the features in the Website/App, including but not limited
to, Ratings & Reviews, Ask Our Pharmacist Your Questions and
Testimonials. Such Submissions should not be offensive on moral,
religious, racial or political grounds or of an abusive, indecent,
threatening, unlawful, obscene, defamatory, menacing or otherwise
objectionable nature. Transmitting such offensive materials may violate
relevant laws, regulations and ethics of pharmacy.
26.2 Medishutter.com shall be deemed to own all known and hereafter
existing rights of every kind and nature regarding the Submissions. By
posting, uploading, inputting or providing your Submissions, you hereby
grant unrestricted use of the Submissions for any purpose, without
compensation to you, including a non-terminable, royalty-free and
non-exclusive license to use, copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
26.3 You also represent and warrant that your Submissions will not
infringe, misappropriate or violate a third party's patent, copyright,
trademark, trade secret, moral rights or other intellectual property
rights, or rights of publicity or privacy.
26.4 The User/Customer shall be prohibited to introduce, post, or
transmit any information or software, which contains a virus, worm or
other harmful components into the Medishutter.com Website/App.
26.5 Medishutter.com does not endorse and is not responsible for any
Submissions on its Website/App. We will not be liable for any loss or
harm caused by the Submissions or your reliance on the information,
including but not limited to, statements, opinions and reviews posted by
the Users/Customers, which may be inaccurate, offensive, obscene,
threatening or harassing.
27. DISCLAIMERS
You understand that the Website/App is a platform that Users utilize to
locate Doctor/registered medical practitioners and make appointments for
consult. Even though we take all the necessary steps to verify the
authenticity of the Doctor/registered medical practitioners, You
understand and agree that we shall not be liable for any deficiencies
including but not limited to misconduct, injury caused or lack of
knowledge from the end of the Doctor/registered medical practitioners.
We are not a party to such interaction and take no liability that arises
from any such acts of the Doctor/registered medical practitioners.
Healthcare Services: All of the Treating Providers who deliver Services
through Medishutter are independent professionals solely responsible for
the services each provides to you. Medishutter does not practice
medicine or any other licensed profession, and does not interfere with
the practice of medicine or any other licensed profession by Treating
Providers, each of whom is responsible for his or her services and
compliance with the requirements applicable to his or her profession and
license. Neither Medishutter nor any third parties who promote the
Services or provide you with a link to the Service shall be liable for
any professional advice you obtain from a Treating Provider via the
Services.
Informed Consent: The telehealth Services you receive from Treating
Providers are not intended to replace a primary care physician
relationship or be your permanent medical home. You should seek
emergency help or follow-up care when recommended by a Treating Provider
or when otherwise needed and continue to consult with your primary care
physician and other healthcare professionals as recommended. You will
have direct access to customer support services to follow up on
medication reactions, side effects or other adverse events. Among the
benefits of our Services are improved access to healthcare professionals
and convenience. However, as with any health service, there are
potential risks associated with the use of telehealth. These risks
include, but may not be limited to:
• In rare cases, information transmitted may not be sufficient (e.g.
poor resolution of images) to allow for appropriate health care decision
making by the Treating Provider;
• Delays in evaluation or treatment could occur due to failures of the
electronic equipment. If this happens, you may be contacted by phone or
other means of communication.
In rare cases, a lack of access to all of your health records may result
in adverse drug interactions or allergic reactions or other judgment
errors;
• Although the electronic systems we use will incorporate network and
software security protocols to protect the privacy and security of
health information, in rare instances, security protocols could fail,
causing a breach of privacy of personal health information
By accepting these Terms of Use, you acknowledge that you understand and agree with the following:
You understand that you may expect the anticipated benefits from the use
of telehealth in your care, but that no results can be guaranteed or
assured. You understand that the laws that protect the privacy and
security of health information apply to telehealth, and have received
medishutter Notice of Privacy Practices, which describes these
protections in more detail. Electronic communications are directed to
your Treating Provider(s) and their supervisees through a secure,
encrypted video interface and electronic health record.
Your Treating Provider may determine that the Services are not
appropriate for some or all of your treatment needs, and accordingly may
elect not to provide telehealth services to you through the Site.
With respect to psychotherapy, you are entitled to receive information
from your Treating Provider about the methods of therapy, the techniques
used, the duration of your therapy (if known), and the fee structure.
You can seek a second opinion from another therapist or terminate
therapy at any time.
With respect to psychotherapy, if you and your Treating Provider decide
to engage in group or couples therapy (collectively “Group Therapy”),
you understand that information discussed in Group Therapy is for
therapeutic purposes and is not intended for use in any legal
proceedings involving Group Therapy participants. You agree not to
subpoena the Treating Provider to testify for or against other Group
Therapy participants or provide records in court actions against other
Group Therapy participants.
You understand that anything any Group Therapy participant tells the
Treating Provider individually, whether on the phone or otherwise, may
at the therapist’s discretion be shared with the other Group Therapy
participants. You agree to share responsibility with the Treating
Provider for the therapy process, including goal setting and
termination.
You can send messages to your Treating Provider by contacting
Medishutter Customer Support. If you are experiencing a medical
emergency, you should call the emergency ambulance number or go to the
nearest emergency room.
All communication between the Doctor/registered medical practitioners
and you is a separate transaction which includes without any limitation
all warranties related to consult and after consult services related to
consult. We do not have any control over such information and play no
determinative role in the finalization of the same and hence do not
stand liable for the outcomes of such communication. We do not endorse
any specific Doctor/registered medical practitioners on the App nor
place any guarantee as to its quality and value. Any such
recommendations that are done are done by other users and the Company
does not verify or acknowledge the same.
Further We may suggest apt treatments or services in accordance with the
your information within our knowledge but we do not guarantee any
effectiveness or success upon using these services. Subject to the above
sub-clauses, a contract exists between the Doctor/registered medical
practitioners and You and as such any breach of contract and thus, any
claim arising from such breach is the subject matter of the
Doctor/registered medical practitioners and you alone and we are in no
way a party to such breach or involved in any suit
claim/negligence/damages etc arising from the same breach.
Even thought we authenticate and approve the Doctor/registered medical
practitioners, You are expected to check and satisfy the
creditworthiness of the Doctor/registered medical practitioners and the
genuineness of the skill. We are not liable for the same.
We are in no way liable for any deficiency of services if any arises
including but not limited to cancellation of order due to any
unavailability of the Doctor/registered medical practitioners. We are
not liable for the general conduct of the Doctor/registered medical
practitioners and we shall not be liable for any unwarranted act
performed by the Doctor/registered medical practitioners. You are
advised to ensure your safety and the safety of your belongings.
The content on the Website and App is general in nature and summarized,
and is provided for informational purposes only. The content of the
Website and App, including without limitation, text, copy, audio, video,
photographs, illustrations, graphics and other visuals, is for
informational purposes only and does not constitute professional advice,
or recommendations of any kind.
We do not assure any liability for the contents of any material provided
on the App. Reliance on any information provided by us, other visitors
to the Website/App is solely at your own risk. We assume no liability or
responsibility for damage or injury to persons or property arising from
any use of any product, information, idea, or instruction contained in
the materials provided to you. We reserve the right to change or
discontinue, at any time, any aspect or feature of this Site without
notice.
You do hereby grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty- free, sub-licensable right to exercise the
copyright, publicity, and database rights you have in Your information,
in any media now known or not currently known, with respect to your
information to enable us to use the information for the purpose of
providing the Services.
You release and indemnify us and/or any of its officers and
representatives from any cost, damage, liability or other consequence of
any of the actions of the Users of the Website/App and specifically
waive any claims that You may have in this behalf under any applicable
law. Please note that there could be risks in dealing with underage
persons or people acting under false pretence.
The parties hereby agree that the Platform shall not be held liable
neither to the Doctors/registered medical practitioners nor the
Patients/users for any offer of service/consultation/ communication made
between them for whatsoever reason it may be. Further the
platform/company shall not be held liable neither by the
Doctor/registered medical practitioners nor the patients/users for any
technical mishap of whatever kind.
The Platform is only an intermediary and cannot be held liable for any
dispute/claim/damages etc that arise between the Doctors/registered
medical practitioners and the Patients/users for whatsoever reason it
may be. Both of them hereby indemnify the company for any such claims.
28. INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/APP
INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES
FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES,
DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN
CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST
OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY
VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION,
WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY
YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US
HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING
OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/APP, ANY CLAIM
THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE
TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING
ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER,
INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR
NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY,
INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS
ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE
OF OR ACCESS TO THE WEBSITE/APP, SERVICES OR MATERIALS. THE LIMITATIONS
AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
29. TERMINATION:
You agree that Medishutter.com, in its sole discretion and for any or no
reason, including without limitation if you breach these Terms and
Conditions, may terminate your access to and use of the Website/App, at
any time. You agree that any termination of your access to the
Website/App or suspension of your account may be effected without prior
notice, and you agree that Medishutter.com shall not be liable to you
for any such termination. Your right to use the Medishutter Website/App
/Service immediately ceases upon termination of your access/use of the
Website/App.
30. CHANGES TO THESE TERMS AND CONDITIONS:
We reserve the right to amend these terms and conditions from time to
time without further notice to you. Any such amendments we make shall be
effective once we post a revised version of these Terms and Conditions
on the Website/App. It is your responsibility to review the
Medishutter.com Terms and Conditions regularly. Your continued use of
the Website/App following the publication of any such changes will
constitute your agreement to follow and be automatically bound by the
amended terms and conditions.
31. MISCELLANEOUS
We reserve the right to change these Terms of Service at any time
without notice in its discretion and to notify users of any such changes
solely by changing this Terms of Service. Your continued use of the
Website/App after the posting of any amended Terms of Service shall
constitute your agreement to be bound by any such changes. Your use of
this Website/App prior to the time this Terms of Service was posted will
be governed according to the Terms of Service that applied at the time
of your use.
We may modify, suspend, discontinue or restrict the use of any portion,
including the availability of any portion of the Content at any time,
without notice or liability. We may deny access to any person or user at
any time for any reason. In addition, we may at any time transfer
rights and obligations under this Agreement to any affiliate, subsidiary
or business unit, or any of their affiliated companies or divisions, or
any entity that acquires us or any of their assets.
We hereby reserve the right to block usage of the Website/App if any
breach of the Terms of Service is caused by a User. This can in no way
be construed as a waiver of any legal right under Indian law to claims
any damages or initiate any legal proceedings against the User.