Products and Services
- Technology Platform for Pharmaceutical Products –Company facilitates the purchase of drugs and other pharmaceutical products, nutraceutical products and services (which shall also include Over The Counter (OTC) and wellness products) offered by third-party retail pharmacies (“Retail Pharmacies”). The Company and the Website merely provide hosting and technology intermediary services to You and persons browsing/ visiting the Website. All items offered for sale on the Website, and the content made available by the Retail Pharmacies, are third party user generated contents and third party products. The Company has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Retail Pharmacies through the Website shall be the sole responsibility of the Retail Pharmacies. The Company shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
The Company does not take any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Retail Pharmacies on the Website. The right, title, claim or interest in the products sold through the Website shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Website. The Company is not responsible for delayed, non-performance or breach of contract entered into between You and the third-party for purchase and sale of goods or services offered by such Retail Pharmacies on the Website; The Company gives no guarantee that the concerned Retail Pharmacies will perform any transaction concluded on the Website. The Company is not responsible for the Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You.
The Company is not responsible for delayed, non-performance or breach of contract entered into between You and the third-party for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website; The Company gives no guarantee that the concerned third-party pharmacies will perform any transaction concluded on the Website. The Company is not responsible for the Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You.
Content: You agree and acknowledge that the respective third-party pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website. The content available on the Website, including without limitation, text, copy, audio, video graphics etc is for general information purposes only and does not constitute either an advertisement or promotion of any drug being offered for sale by the third-party pharmacies on the Website or any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, the Company shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. Also, You acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity of the information provided on the Website and You must do Your own check.
The Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third-parties.
- Prescription Drugs – In order to purchase drugs and pharmaceutical products that requires a valid prescription, You are required to upload a scanned copy of the valid prescription on the Website. Third- Party Pharmacies will verify the prescription forwarded by You and in case of any discrepancy observed by the third-party pharmacies, the order will be cancelled by the third-party pharmacies immediately. You are also required to make the original prescription available at the time of receipt of delivery of the order. You shall also allow the delivery agent to stamp the original prescription at the time of medicine delivery, failing which medicines will not be delivered.
- Substitution of Prescribed Drugs-You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
- Invitation to offer for sale – The listing of drugs and other pharmaceutical products on the Website by the Third Party Pharmacies is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Pharmacies (“Offer”). Post the Offer from the Third Party Pharmacies, the Company shall send an email to You with the information on the Offer along with the details of the concerned Third Party Pharmacy(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third Party Pharmacy(s) after the validation/ verification of the prescription by such Third Party Pharmacy (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.
- Transfer of Property and Completion of Sale – Upon acceptance of the Offer by the concerned Retail Pharmacies (being the brick and mortar pharmacy), the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Retail Pharmacies, wherever required under the applicable law(s).
You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Retail Pharmacies. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Retail Pharmacies itself.
The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Retail Pharmacies (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
- Drugs Delivery – Delivery-The Pharmaceutical Drugs and Services shall be delivered by the Retail Pharmacies or independent contractors. You accept and acknowledges that the courier/ delivery personnel, engaged by the Retail Pharmacies or the Company, shall be User Agent of the delivery of the Pharmaceutical Drugs and Services from the concerned Retail Pharmacies to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.
- Online Doctor Consultancy – The Company is a facilitator of healthcare services that provides healthcare products and services to the Users. The words “Your Physician” or “Your Doctor” or “Healthcare Provider” or similar words on the Website, shall be interpreted and mean the User’s personal doctor with whom the User has a doctor-patient relationship. The third party registered medical practitioners are not related to Company but merely providing medical consultation to You with Your consent. Any information about the doctors, including but not limited to ther name, photographs, qualifications, experience and specialties, that may be provided on the Website, is for information purposes only and such information shall not be deemed to amount to an advertisement of the doctor, and/ or the services provided by such doctor. You agree and acknowledge that the third party registered medical practitioners are independent contractors, whose services are being availed by You upon your implied/ explicit consent and hence, the Company, in no event, shall be directly or vicariously liable for any advice or medical consultancy or any loss arising from the third party registered medical practitioners.
You agree and acknowledge that any e-prescription issued pursuant to any online consultancy shall be issued by Your Doctor and would be issued in compliance with applicable laws of India. Where such prescription is not a valid prescription, the same would not be used for dispensation of medicines by any pharmacist including the Retail Pharmacies. We will only act as an aggregator in the event You request Us to process the e-prescription or any form thereof (whether original or scanned copy of the original prescription). We will have no responsibility or liability in such events. You agree and acknowledge that it shall be at your sole responsibility and risk to ensure that all prescriptions that are uploaded are properly issued by Your Doctor. The Company does not recommend any specific registered medical practitioner(s), tests, products, opinions or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. You should follow the advice of your Doctor at all times.
The Services are not for use in medical emergencies or for critical health situations and may not be best solution where a face-to- face consultation is required. In case of any medical emergency, You should call Your nearest doctor/hospital or any related helpline and seek immediate medical assistance without any delay. You shall not take any decision in relation to any medical emergency or medical matter without first consulting Your Doctor and should under no circumstances, delay seeking advice from Your doctor on account of something that You may have heard/viewed on the Website.
Further, it is Your responsibility for ensuring that the information submitted is accurate and the Company shall not make any effort to validate any information provided by You for using the Services with respect to content,
The opinions, statements, consultation via digital mode provided by the third party registered medical practitioners through the Website shall not reflect the opinions of the Company, its affiliates etc. The Company makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by the Company employees. The Company is not responsible for transmission errors and corruption of data.
Eligibility of Use
User Account, Password and Security
Pricing Information and Payment
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Engage in any activity that interferes with or disrupts access to the Website or the services (or the servers and networks which are connected to the Website);
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, 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;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
- the advice/information/opinion on diagnosis You may receive could be limited and provisional;
- the medical opinion is not intended to replace a face-to-face visit with a physician and it does not replace an actual doctor-patient relationship;
- in case of a second opinion, where there is a difference of opinion among Our third party registered medical practitioners and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;
- the Medical Expert is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
- in some events, the Medical Expert may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;
- in rare cases, the third party registered medical practitioners may feel that the query may not be answerable without physically examining the patient/ Users and the Consultation may be refused forthwith;
- in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and
Use of Materials
Except as expressly indicated to the contrary in any applicable Additional Terms, Company hereby grants You a personal, non-exclusive, freely revocable (upon notice from Company), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following condition:
- YYou may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms; You may not modify or alter Product catalogues or any other materials available on the Website;
- You may not distribute or sell, rent, lease, license or otherwise make the Product catalogues or any other materials available on the Website available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the Product catalogues or any other materials available on the Website.
Intellectual Property Rights
Cancellation, Returns and Refund Policy
- An order can be cancelled from the ‘Order details’ screen on the Company’s Website or digital platform. You can also refuse to accept the order, at the time of handing over of the products that are brought to you by the Agent and the Agent shall at no cost return the products and / or services that have been ordered by you from the Third Party Pharmacy, and a refund will be processed into the payment source, in the event the order amount was paid online or in any manner prior to accepting these products and / or services.
- An order can be cancelled by getting in touch with our Customer Care team before the shipment is handed over to your logistics agent. You can also refuse to accept the order, at the time of handing over of the products that are brought to you by the User’s Agent and the User’s Agent shall at no cost return the products and / or services that have been ordered by you from the Third Party Pharmacy or Third Party, and a refund will be processed into the payment source, in the event the order amount was paid online or in any manner prior to accepting these products and / or services.
- An order can be cancelled anytime unless it is marked ‘Sample Collected’ by the third-party phlebotomist. Else, You can refuse sample pick up at the collection location and a refund will be processed into the payment source, in the event the order amount was paid online.
As per terms offered by all the Third-Party Pharmacies and/or any other third party vendor on the Platform. The items shall not be eligible for a return under the following circumstances:
- 1. If the item has been opened, partially used or disfigured. The User is strongly advised to check the package carefully at the time of acceptance of products by the User from the User’s Agent.
- 2. If the item is a consumable item.
- 3. If the item’s / packaging/ box/ seal has been tampered with; The User is strongly advised to check the package carefully at the time of acceptance of products by the User from the User’s Agent and it is emphasized that the User should not accept the order if the package appears to be tampered.
- 4. If it is mentioned on the product detail page that the item is non-returnable
- 5. If the return window for any or all items in an order has expired.
- 6. Any accessories supplied with the item(s) are missing.
- 7. If the item does not have the original serial number / UPC number / barcode affixed, which was present at the time of acceptance of products by the User from the User’s Agent.
- 8. Any damage / defect which is not covered under the manufacturer’s warranty.
- 9. If the item is damaged due to visible misuse.
- 10. Items related to baby care, food & nutrition, healthcare devices and sexual wellness such as but not limited to diapers, health drinks, health supplements, glucometers, glucometer strips/lancets, health monitors, condoms, pregnancy/fertility kits, etc.
Return Process: You can raise a request to return any items with these simple steps:
- 1. Go to My Orders
- 2. Select the respective order and click on ‘RETURN’
- 3. Check to see if the product/s that you wish to return are returnable and have a valid return-by date.
- 4. Select the item with quantity and reason for return
Once the refund has been initiated for eligible returns as mentioned above, the amount is expected to reflect in your account as per the following timelines:
- 1. EarthyMeds wallet: Same day;
- 2. NEFT: 1-3 business days post refund initiation;
- 3. Online refund: 7-10 business days post refund initiation subject to the bank turnaround time and RBI Guidelines.
- 4. PhonePe and other wallets: 2-3 business days post refund initiation.
Redressal of Complaints
Disclaimer Of Warranties and Liabilities
Indemnification and Limitation of Liability
Violation of the Terms
You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to):
- requests by law enforcement or other government agencies;
- a request by You (self-initiated account deletions);
- discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems.
Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
- Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
- The provision of the services to You, by Company is, in Company’s opinion, no longer commercially viable;
- Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
A User can unsubscribe / opt-out from receiving communications from Company through SMS and e-mail anytime by:
- Visiting www.pharmeasy.into unsubscribe from messages/ SMS; and
- Newsletters sent daily at the registered email address and by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail