Terms and Conditions
Welcome to the MedGreen (Website, including mobile application) an internet based health care service provider is owned and operated by MEDGREEN TECHNOLOGIES PVT LTD duly incorporated under the provisions of the Companies Act 2013 (hereinafter referred as “MedGreen”, “We”, “Our”, “Us”, “Company”). By accepting Terms and Condition (“Terms”) of website User(s) (“You”, “Your”) agree to comply with, and be bound by, the terms and conditions set out below but not limited to.
1. General:
The content of this Website is of a general nature only. You should seek your own independent advice as to whether any product, service or information available through this Website is appropriate for your needs. MedGreen reserves the right to modify the Website content at any time and without any prior notice.
Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and MedGreen on the other Part.
By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies and manufactures (“Third Party Pharmacies”); (ii) diagnostic services being offered by various third party diagnostic centers (“Third Party Laboratory”); and (iii) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Pharmacies, Third Party Labs, Medical Experts and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website (The services of Third Party Services Provider and the information services is collectively referred to as the “Services”).
The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, 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 You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, MedGreen shall send to You (promotional content including but not limited to emailers, notifications and messages).
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
2. User Eligibility:
Use and/or access of Website available for User who are incompetent to contract under the Contract Act, Hence minors, un-discharged insolvents etc. are not eligible to use the Website. By accepting Terms User accept that you are ‘competent to contract’ under the Contract Act, 1972 and have the right, authority and capacity to use the Website and agree to and abide by these Terms and Privacy Policy. User who is minor may avail the service provided by the Company with help of legal guardian in accordance with laws. User should not have more than one active account with Website and not allowed to trading, selling and transferring account to other party.
3. Services provided by us:
MedGreen is the E-Commerce platform to facilitate the various health care services to Users, We provide below mentioned services but not limited to
Third party pharmacies:
Website facilitates the need of User for Pharmaceutical products/wellness/health related products offered by registered vendors (hereinafter referred as “Third party pharmacies”, “Health care partner”).
Users can purchase various drugs and pharmaceutical products which require a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies or Company. User is required to upload scanned copy of the valid prescription on the Website. Company/Third Party vendor will verify the prescription forwarded by User and in case of any discrepancy in the prescription the Company/Third Party vendor have rights to cancel the order at any time. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs and abide to give signature on copy of retail invoice.
User shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
The User accepts and acknowledges that the Third Party pharmacies or suchother transporter/courier/ delivery personnel, might be engaged by the Third Partypharmacies or the Company, shall be independent contractors incharge of the delivery of goods from the concerned pharmacy to the address notified by the User (in case of Medicines), with no control over the goods and no additional obligation apart from standard delivery obligations and duty of
care.
Third party laboratory:
Website also offers service of Laboratory diagnostic test/ packages facilities offered by Third Party laboratory (As available and applicable). We are not and shall not be responsible for any kind of concern related to Third party laboratory vendor (i.e. sample collection, test conduction, report generation). MedGreen is just facilitation of service to the User through website. Notwithstanding anything to the contrary contained herein, Third Party Laboratory (Health Care Partner) alone shall be responsible/ liable for dealings and interaction with the Users who avail the services of laboratory diagnostic test through MedGreen. We do not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third Party Vendor.
Third party physiotherapist:
User can also get in touch with the nearest Physiotherapist (“Third Party Physiotherapist”) through website/mobile application. Third Party Physiotherapist contracted with Us are independent and thereby We have an independent contractor relationship with such Vendor and therefore in no event Medgreen will be directly or vicariously liable for any advice or medical consultancy or any loss arising that the Medical Experts may provide to User or User may avail as part of the Services.
Medgreen do not enforce/recommend or endorse any specific Third Party Vendor or other information may be mentioned on Website. Trust on any information provided on Website is only at User’s risk.
4. MedGreen offers
MedGreen may announce various offers on various occasions or in timely manner decided by Us for advertising and promotions. Offers are totally in control of MedGreen, MedGreen Points i.e. (1 point= 1 INR.), value of point is under control of MedGreen and will be a nontransferable and for promotion only. We can close or shut offer during its active period in case of unfavorable circumstances and for that purpose We will not be held responsible for any accountability of points, restriction on point use will be decided by MedGreen and can change on timely manner.
5. Return Policy of medicines
MedGreen just facilitates the service of Third Party Pharmacies, thus We strongly recommended User to check the product at the time of delivery whether they are in accordance with User’s order/Prescription or not. Kindly not accept the delivery of medicines or product(s) if User founds it not to be similar with your orders, medicines or products which are past or to be expired in near future (medicines with an expiry date of less than 03 months shall be considered as near expiry), or products with tempered seal.
In case of aforesaid unlikely situation MedGreen would be happy to solve your concern if User raises it within 3 days of delivery of the medicines/products. We have right to cancel return request if User not fulfill any mentioned situation.
Upon getting genuine return request from the User, MedGreen shall start return & refund process as applicable. Refund or return process may also depend upon Third Party Pharmacies norms. MedGreen does not make any promise of return/refund/replacement of all products; it may vary with location, time, situation and Third Party Vendor.
We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.
6. Limitation of liability:
We (Website) makes no representation or warranty of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. User expressly agrees that User will use this website at own risk. To the full extent permissible by applicable law, we disclaim all warranties (either express or implied) we do not warrant that our website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.
Under no circumstances, including but not limited to negligence, will Medgreen or any of its affiliated companies or any of its or their respective licensors or suppliers be liable for damages of any kind, including, but not limited to compensatory, direct, indirect or consequential damages, personal injury, wrongful death, emotional distress, loss of data, income or profit, loss of or damage to property and claims of third parties, even if we have been advised of the possibility of such damages, whether under theory of contract. In no event shall company, its officers, directors, employees, partners or suppliers be liable to the User, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with User’s use of or access to the Website, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
7. Termination:
Your right to access Website shall terminate if you are no longer eligible for our services. You understand that Company may in its sole discretion terminate your ability to use website if you violate any Terms and Policy of Company.
8. Membership communications:
In connection with User’s registration to use Website, User is agreeing that We can periodically send you emails, newsletters and other communications our services and other membership benefit to the Users.
9. Forum:
Forum means any interactive service appearing on any of the Medgreen Sites. You may not post on any forum any material that is libelous, defamatory, obscene, abusive, invades a person’s privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We also reserve the right to remove any such volatile material.
10. Force Majeure:
We are not liable for any failure or delay in our performance due to any cause beyond our reasonable control, including the act or war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet.
11. Acceptance of terms:
User accepts and acknowledges the use of this site shall been deemed to be unconditional acceptance of these Terms and Conditions of Use. User understands that these Terms and Conditions of Use may be changed without any prior notice to me from time to time. I understand that my continued use of website after the posting of changes will mean that I unconditionally accept the then current version of the Terms and Conditions.