Terms & Conditions - Genericart Medicines

Genericart Medicines Pvt. Ltd. (hereinafter referred to as “the Company”) on behalf of itself and its affiliates under the brand "Genericart Medicines", is the creator, owner and publisher of the website and mobile application (collectively hereinafter referred to as “Online Platform” or “Platform”). The Company owns and operates the services provided through its Online Platform, which may be modified, deleted, updated (temporarily or permanently) from time to time at the discretion of the Company.

Please read the Terms and Conditions carefully set out herein and in their entirety. If you do not agree to be bound to each and every term and condition set forth herein, you are not authorized to use or access the services of the Online Platform. These Terms and Conditions (hereinafter referred to as the "Terms") constitute an agreement between the Company and you in connection with your use of the Online Platform and/or use of the services provided in the Online Platform, as defined below.

NATURE OF TERMS

• These Terms apply to the services (free or chargeable) made available to Users through access to and use of the Online Platform (hereinafter referred to “Services”), which also includes the following:
  • For Users:
    • Facility to register an account and upload personal and sensitive information pertaining to the User and his/her health status, facility to search for generic medicines available at the nearest Swasth Aushadhi Seva store and/or the geographical location of the nearest Swasth Aushadhi Seva store, facility to upload valid doctor’s prescription.
    • Communicate with the Franchise owner or their authorized representative regarding availability of generic medicines and their pricing and/or our geographical location of such franchise shop.
    • Communicate with registered medical practitioners associated via a third-party online platform containing the database of such medical practitioners.
    • "By submitting our webform, you agree to receive promotional calls on the number shared, and such calls and SMS would be coming from a third party platform."
  • For Franchise Holders:
    • With respect to Users: Facility to make available to users of the platform information related to business name, availability and pricing of generic medicines, and geographical location of franchise shop.
    • With respect to Company: Facility to engage with the company on all commercial, business and sales matters, including but not limited to acquisition of franchise or a business opportunity, purchase and supply of stock of generic medicines, management of franchise shop, compliances and reporting with respect to franchise operation and ownership.

APPLICABILITY OF TERMS

• The Terms apply to the following:
  • A Franchisee holder listed or featured on the Platform (“You”, “User”, “Franchisee holder (s)”); or
  • Any User wishing to access the Services or browse through the contents of the Platform (“You”, “User”, “End-User”); or
  • A representative/affiliate wishing to avail of the services on behalf of another individual or other registrant (“You”, “User”, “End-User”).
• The terms “us” or “we” refers to the Company. The term ‘you’ or ‘your’ refers to the User.
• By signing in to the Platform, accessing and/or using all or a portion of the Services, , You acknowledge and agree that:
  • By signing in to the Platform, accessing and/or using all or a portion of the Services, , You acknowledge and agree that:
  • The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;
  • The provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable;
  • Written approval is not a prerequisite to the validity or enforceability of the Terms.
• If your use of the Services includes the registration by you of individuals in addition to yourself (hereinafter referred to as "Other Registrants") you hereby represent and warrant that you have the authority to bind such Other Registrants to the Terms. By registering on the Online Platform, you further represent and warrant to the Company that all registration information you submit is truthful, accurate and current, and that you will update such information as and when necessary to keep it accurate and up to date. You shall be responsible for ensuring that each such Other Registrant complies with the Terms.
• The definition of "Terms" shall include any terms describing additional obligations or restrictions accompanying your use and access of the Services, including, without limitation, any obligations and usage restrictions. If you are deemed to have accessed the Services, the Company's acceptance is expressly conditional on your assent to the Terms to the exclusion of all other terms. The Terms contain warranty disclaimers and other provisions that limit the Company's liability to you
• The Terms are governed by and comply with the provisions of applicable Indian law, including but not limited to:
  • the Indian Contract Act, 1872;
  • the (Indian) Information Technology Act, 2000;
  • the rules, regulations, guidelines and clarifications framed there under, 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 rules, regulations, guidelines and clarifications issued by any legislative or governmental authority at central, state of local level, including but not limited the Central Drugs Standard Control Organization.

MODIFICATION OF TERMS

• The Services may be amended or deleted from time to time, at the sole discretion of the Company, and the Terms will apply to your use of the Platform, as well as to all information provided by You on the Platform at any given point in time. The Company reserves the right to modify the Terms from time to time with or without notice. Such changes shall be notified on the Platform. You are advised to read the Terms regularly. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. Your use of the Online Platform following any such modification constitutes your agreement to follow and be bound by the Terms so modified. With respect to such modified Terms, the Company may, at its sole discretion, require You to execute a "click accept" agreement incorporated into or as a condition of accessing the Services. Even without such "click accept" agreement, your continued use of the Services after such modifications will constitute your acknowledgement and agreement of the modified Terms.
• If you do not agree to any changes in the Terms as they may occur, your continued right to access and use such Services shall immediately terminate and you agree that you shall discontinue your use of the Services. You agree that the Company is not liable to you or to any third party for any modification of the Terms or termination of your access to the Services except as specifically set forth herein
• These Terms allows the Company to access to registered Users’ personal email or phone number, for communication purpose so as to provide you the Services and / or to obtain feedback in relation to their interaction, experience and communication with the Practitioner.

CONDITIONS OF USE

• You must be 18 years of age or older to access or avail the Services in any manner. By signing in to the Online Platform, accessing and/or using all or any part of the Services, you represent and warrant to the Company that you are 18 years of age or older, and that you have the legal right, authority and capacity to use all or part of the Services available through the Platform, and agree to and abide by the Terms
• The Company offers you a non-transferable, non-exclusive, limited right to access, use the Services of this Site, provided that you comply with the Terms as set out in full. The Services are provided to you only for your private, non-commercial use.
• You agree that the access you have been granted prohibits you from using the Services for any illegal or unauthorized purpose. You will make every reasonable effort to prevent unauthorized third parties from accessing the Services. You represent and warrant that you will not breach the security of the Platform or its Software or attempt to gain unauthorized access to or interfere with any other person's use of the Services. For purpose of the Terms, "Software" means (i) the server, platform and application software hosted by or on behalf of the Company underlying and used to deliver the Services, (ii) all server, platform and application software of third parties used to host, support or connect the software referred to in subsection (i) and accessible by you as part of the Services, and (iii) all underlying algorithms, User interfaces and network and database designs and schemas, architecture, class libraries and objects, the unique expressions of the selection, organization and presentation of User visible functions, all updates, upgrades, patches, maintenance releases and bug fixes and all documentation relating to any of the foregoing. Upon your withdrawal of your consent to these Terms, you shall no longer be permitted to use or access the Services.

PROVISION OF SERVICES

In providing the Services, we do not actively monitor the display, transmission and exchange of information between the End-User and Franchise Holder or any third party registered medical practitioner, nor do we maintain any obligation to do so except as otherwise determined by us or required by the laws of India. However, subject to the terms of our Privacy Policy, we reserve the right to monitor the Services for purposes of determining that their usage is in compliance with these Terms and applicable laws. In addition, and as described elsewhere in these Terms, we maintain an absolute and unconditional right to review and terminate usage of Services that, in our sole discretion, we believe is in violation of the law or of these Terms or is unacceptable.

CANCELLATIONS AND REFUNDS​

1. Cancellation

• After making an online subscription or payment for a particular Order/ product, You as a customer can cancel your delivery for a particular day/Order anytime up to the cut-off time (i.e. 10.00 PM of the day preceding the date of actual delivery of product) by creating a vacation on the Platform or by getting in touch with our customer service centre. You can also end the Vacation before the cut off time when you want to recommence the delivery.​​
• In the event of an item on your Order being unavailable, we will contact you on the phone number provided to us at the time of placing the Order and inform you of such unavailability. In such an event you will be entitled to cancel the subscription/Order and shall be entitled to a refund in accordance with our refund policy.​​
• We reserve the sole right to cancel your Order in the following circumstances:​
  • in the event of the designated address falls outside the delivery zone offered by us;​​
  • failure to contact you by phone or email at the time of confirming the Order booking;​​
  • failure to deliver your Order due to lack of information, direction or authorization from you at the time of delivery; or​​
  • unavailability of all the items Ordered by you at the time of booking the Order; or​​
  • in case the delivery person is not allowed inside your compound, community or society or any other reason beyond control causing movement of the delivery person including but not limited to law and order situation.​​​​

2. Refunds

• You shall be entitled to a refund only if you pre-pay for your Order at the time of placing your Order on the Platform and only in the event of any of the following circumstances:​‍​
  • your Order packaging has been tampered or damaged or spilled at the time of delivery and you have not accepted the delivery;​​
  • us cancelling your Order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the Order booking; or (C) failure to contact you by phone or email at the time of confirming the Order booking; or​​ c. you cancelling the Order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.​‍​
  • OUR DECISION ON REFUNDS ITS APPLICABILITY, ETC IN ALL CASES SHALL BE AT OUR SOLE DISCRETION AND SHALL BE FINAL AND BINDING.​​
  • All refunds will be credited to Your Account.

3. In case of payment at the time of delivery, you will not be required to pay for:​​

• Orders where the packaging has been tampered or damaged or spilled by us;​​
• wrong Order being delivered;or​​
• to the extent of the value of the item/s, missing from your Order at the time of delivery.​​

4. You shall be entitled to return the product in following cases:​​

• wrong Order being delivered​​
• Item substantially damaged or deteriorated in quality​‍​

5. You can return the product to our delivery partner at the time of receipt of product. Alternatively, you can return the product by contacting our Customer care for the same. IT IS HEREBY CLARIFIED THAT NO RETURNS SHALL BE ACCEPTED AFTER THE PACKAGING OF PRODUCT IS OPENED OR PRODUCT IS CONSUMED EITHER IN PART OR OTHERWISE BY YOU.​

USER ACCOUNT

For a Franchise Holder (Current or Proposed):

• As part the Services, the Online Platform allows you the facility to avail information regarding franchise and business opportunities offered by the Company. To initiate the franchise or business acquisition process, You are required to fill out the franchisee enquiry form stipulated by the Company and register an account by providing the certain information, including but not limited to :
  • Personal Information: Name, address, contact number, email address, education of owner.
  • Sensitive Information
  • Financial Information.
  • Legal matters pending before judicial and quasi-judicial authority/authorities.
  • Device Information: IMEI No, Location, Camera, Audio, Bluetooth, Hotspot.
  • Business Information: Name, address, email address, contact number, investment amount.
• Upon submission of completed franchisee enquiry form and required documents/information the Company shall, upon its discretion, initiate contact with you for further discussions.
• As part of the Services, the Online Platform allows you to engage with the Company on all commercial and sales matters, including but not limited to purchase and supply of stock of generic medicines, management of franchise shop, compliances and reporting with respect to franchise operation and ownership.

For Users other than Franchise Holder:

• As part the Services, the Online Platform allows you the facility to avail information regarding pricing and availability of generic medicines from the nearest store of Swasth Aushadhi Seva/ the Company. The Platform also allows you the facility to upload your doctor’s prescription. The User can also avail consult with a registered medical professional through a third-party online platform. Users can register an account on the Platform by providing certain information including
  • As part the Services, the Online Platform allows you the facility to avail information regarding pricing and availability of generic medicines from the nearest store of Swasth Aushadhi Seva/ the Company. The Platform also allows you the facility to upload your doctor’s prescription. The User can also avail consult with a registered medical professional through a third-party online platform. Users can register an account on the Platform by providing certain information including
  • Sensitive Information
  • Device Information: IMEI Number, Location, Camera, Audio, Bluetooth, Hotspot.

For All Users including Franchise Holders (Current or Proposed)

• The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Company’s Privacy Policy, which governs the type of information collected from Users, the purpose of this collected information and disclosure of such collected information.
• You are responsible for maintaining the confidentiality of your account access credentials. You shall be responsible for all usage of the account and password, whether or not authorized by You. You will immediately notify the Company of any actual or suspected unauthorized use of your account or password. The Company will not be liable for any losses incurred by you caused by any accidental, unauthorized use of your account; however, the you may be liable to the Company for any losses incurred or to such other parties as the case may be, due to any unauthorized use of your account.
• You shall provide the Company with correct, current and authentic information, which may be required to be supplemented with evidence of the same. We reserve the right to terminate or discontinue the provision of Services to You in the event such information is found to be untrue, inaccurate, not current or incomplete. In the event that you provide information that is inaccurate, false or incomplete or The Company has reasonable grounds to believe that this is the case, the Company has the right to discontinue your use of the Online Platform and the Services.
• The Company may use the information collected from You or contact you from time to time for the purposes of improving and building the Services and troubleshooting bugs in the Online Platform.

USER REVIEWS AND DATA RETENTION

• The User is solely responsible for the content that you choose to submit for publication on the Online Platform, including any feedback, ratings, or reviews relating to Franchisee holder. You agree not to post or publish any content on the Online Platform that amounts to:
  • An infringement of any third-party intellectual property or privacy rights
  • A violation of applicable law or regulation, including but not limited to the IG Rules and SPI Rules
  • Defamation
• The Company may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with these Terms. You agree to be contacted by the Company via telephonic or electronic communication for the purposes of obtaining feedback in relation to the Online Platform, the Services, dispute resolution, complaint resolution, any further information.
• The role of the Company in publishing this content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000 and the Company disclaims all responsibility with respect to this content. The Company is not liable to pay any consideration to the User for re-publishing or repeatedly publishing any content on any of the Company platforms.
• The Company may retain such information collected from Users from its Platform for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules.

INTELLECTUAL PROPERTY RIGHTS

• The Services and all processes, content, software, analyses and methodologies, know-how, and trade secrets used by the Company in creating and performing the Services and operating the Platform as well as any related Intellectual Property rights throughout the world and all modifications thereto and derivative works thereof developed solely by the Company , or by or with the input of another party (the "Company Intellectual Property") are protected by Indian copyright laws and other intellectual property laws. They belong exclusively to the Company and may not be used or reproduced by you without the express written permission of the Company. The Company hereby reserves any and all rights in the Company Intellectual Property. You agree that, except as specifically permitted in these Terms, you will not: (a) alter, modify, adapt, reverse engineer, decompile, disassemble or hack the software or Services, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell, or otherwise transfer the Company Intellectual Property or access to such The Company Intellectual Property to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Company Intellectual Property; (d) remove or alter any copyright notices or other notices included in the Company Intellectual Property; (e) access or use the Services to offer, build or support, or assist a third party in offering, building or supporting, products or services competitive with the Company and/or the Platform.

PRIVACY

• Kindly refer to Company’s Privacy Policy [link of privacy policy].

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

• The Services is provided on an "as is," "as-available" basis. The Company makes no representations or warranties of any kind with respect to the Services, particularly relating to accuracy, availability, authenticity, pricing, efficacy of the generic medicines or any information relating to the Swasth Aushadhi Shop. The Company assumes no liability or responsibility for any errors or omissions in providing the Services or any losses or damages arising from the use of the Services.
• The Company expressly disclaims all representations and warranties relating to the Services, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement, that the Services will function without interruption or errors in functioning, that any update will continue to be made available, that defects in the Services will be corrected, or that the Services will be compatible or work with any third-party software, Applications or third party services. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. The Company disclaims all liability for damages caused by any such interruption or errors in functioning

LIMITATION OF LIABILITY

• The Company disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Services due to inappropriate equipment, disturbances related to internet service providers, cellular service providers, and cellular network operators, to the saturation of the internet network and for any other reason. You acknowledge that the Services rely upon data communication mediums which are not controlled by the Company and which may be vulnerable to data or security breaches, including, without limitation, networks used by your carriers and the databases and servers controlled by your internet providers. The Company shall not be liable for any such breaches. You acknowledge that the Services are not intended or suitable for use in situations or environments where the failure or time delay of, or errors or inaccuracies in, the Services could lead to death, personal injury, or severe physical damage.
• You acknowledge and agree that the Services are to be availed at all times by the User for non-emergency, non-serious medication conditions which do not require prompt and urgent medical response or immediate medical action. The Services are not intended to be real-time and must not replace in person-medical assistance or in person procurement of medicines or medical equipment where necessary and urgent. The Company strongly discourages any delay in seeking advice from Your doctor in relation to Your Health on account of advice or content accessed via the Platform.
• In no event, including but not limited to negligence, shall the Company , or any of its directors, officers, employees, agents or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Online Platform and/or its functions and/or the Services, User’s provision of information via the Online Platform, lost business or lost End-Users, even if the abovementioned entities have been advised of the possibility of such damages. In no event shall the Company or its affiliates be liable for:
  • provision of or failure to provide all or any Service to End- Users through the Platform;
  • any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Online Platform;
  • any unauthorized access to or alteration of your transmissions or data; or
  • any other matter relating to the Online Platform or the Service.
• In no event shall the total aggregate liability of the Company to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms or a User’s use of the Services exceed, in the aggregate Rs.

RELEASE

In the event that you have a dispute with one or more other Users (including Franchise Holders) of the Services you agree that the dispute is between you and such other User and you hereby release the Company (and its officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute(s).

INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents from any charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys' fees and expert fees) due to, arising out of or relating in any way to any violation by you of the Terms or any applicable rule, regulation or law, and your access or use of the Services.

FORCE MAJEURE

The Company will not be responsible for a breach of the Terms caused by any failure or delay of performance if caused by: an act of war, hostility, or sabotage; an act of God; a pandemic; an electrical, internet, cellular network or telecommunication outage that is not caused by the Company; government restrictions (including the denial or cancelation of any pharmaceutical, drug or other license); or another event outside the reasonable control of the Company.

INVALIDITY

If any provision of the Terms is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

SEVERABILITY

In the event any provision of the Terms become void or unenforceable, it shall not affect the validity of these Terms as a whole and the unenforceable provisions shall be severed and the remainder of the provisions of these Terms shall continue in full force and effect.

GOVERNING LAW AND JURISDICTION

• For the purposes of the Terms: (a) the term "Dispute" will mean any dispute, controversy, or claim arising out of or relating to: (i) the Terms, its interpretation, or the breach, termination, applicability or validity of the Terms; or (ii) any other dispute arising out of or relating to the relationship between The Company and you; (b) the term “the Company Group" will mean the Company , its parents, subsidiaries, affiliates, stockholders, directors, officers, employees, agents, beneficiaries, assignees, successors in interest, and any third party which provides products or services purchased from or distributed by The Company ; and (c) the term "User Group" will mean you and those in privity with you, your representatives, affiliates and family members.
• These Terms shall be governed and interpreted by and construed in accordance with the substantive Laws of India and subject to arbitration provisions below, each party hereby irrevocably and finally submits to the exclusive jurisdiction of the courts of India thereto in respect of any disputes, legal action or proceedings arising out of or in connection with the terms, interpretation, duties, performance, breach, etc. of these Terms.
• Should any Dispute, controversy or difference arise out of or in connection with these Terms, the parties hereto shall first endeavor to settle such Dispute by amicable medical consultation. If the Dispute is not resolved through amicable medical consultation within fifteen (15) days after commencement of discussions or such longer period as the parties mutually agree in writing, then either party may refer the Dispute for resolution by arbitration according to the provisions of the Arbitration and Conciliation Act, 1996 (India) or any statutory amendment or re-enactment thereof, or any statute enacted to replace the same, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat of arbitration shall be at in Pune, Maharashtra, India, and the language of the proceedings shall be English.
• The Award rendered in any arbitration commended hereunder shall be final and conclusive and judgment thereon may be entered in any court having jurisdiction for its enforcement. The Parties undertake to implement the arbitration award. In addition, the parties agree that no party shall have any right to commence or maintain a suit or legal proceeding concerning a Dispute hereunder (other than for preventive or interlocutory relief pending completion of the arbitration proceedings under these Terms) until the Dispute has been determined in accordance with the arbitration procedure provided for herein and then only for enforcement of the award rendered in such arbitration. When any Dispute is under arbitration, except for the matters under dispute, the parties shall continue to exercise their remaining respective rights and fulfill their remaining respective obligations under this Agreement

NOTICES

Any notice required or permitted to be given in accordance with the Terms shall be in writing. Notices to The Company shall be sent by personal delivery, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to: -________________________________________________________. For contractual purposes, you consent to receive communications from The Company electronically. Notices sent to you shall be sent by personal delivery, electronic mail, registered or certified mail (return receipt requested, postage prepaid) or commercial express courier (with written verification of receipt) to the address listed on your account. All notices will be deemed given: (i) when delivered personally; (ii) 24 hours after electronic mail is sent, unless the Company is notified that the email address is invalid; (iii) five (5) days after having been sent by registered or certified mail; or (iv) one (1) day after deposit with a commercial express courier specifying next day delivery. Either party may change its address for receipt of notice by notice to the other party in accordance with this Section.

GENERAL

The Company's failure to exercise or enforce any right or provision of the Terms shall not be deemed to be a waiver of such right or provision. The Company is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. The Terms contain the entire agreement between the End-User and the Company and supersedes all prior agreements between the parties regarding the subject matter contained herein, except as otherwise specifically noted herein. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or use of the Platform. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. The Company may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you.