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Terms And Conditions

(applicable from 05/10/2024)

1.TERMS OF USE

BY CONTINUING TO ACCESS AND USE THIS WEBSITE/MOBILE APPLICATION YOU CONFIRM THAT YOU ACCEPT OUR TERMS OF USE SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS OF USE, YOU MUST LEAVE THIS WEBSITE/MOBILE APPLICATION.

2.About Us and General Terms

2.1https://www.truemeds.in, an internet based portal and “Truemeds”, the mobile application (hereinafter together be referred to as “Platform”) is owned and operated by Intellihealth Solutions Private Limited (hereinafter “Truemeds” or “We” or “Our” or “Us” or “Company”), a company incorporated under the Companies Act, 2013 and having its licensed premises at Vikhroli (W)-Mumbai, Maharashtra; Kolkata, West Bengal and any other premises, which may be added in the sole discretion of Truemeds (“Licensed Premises”). If You need any information or have a complaint about this website/mobile application or any of our services, please contact Us by writing to Us atsupport@truemeds.inor calling on09240250346.

2.2The Platform facilitates the online sale of conventional & alternative pharmaceuticals products, excluding any and all drugs listed under Schedule X of the Drugs & Cosmetics Act, 1940 and all its corresponding rules (hereinafter referred to as “Products”). The Platform is a platform that facilitates (i) online sale and purchase of Products procured by Truemeds from licensed distributors and manufacturers to You (hereinafter referred to as “You” or “Your” or the “User”) in accordance with the terms of use specified herein (hereinafter referred to as the Terms of Use”); (ii) online medical teleconsultation services being offered by relevant medical practitioners engaged by a third party service provider (“Service Provider”); (iii) recommendation of substitute medicines by the Service Provider and (iv) delivery of the online pharmaceutical products ordered by You by independent third party delivery partners (“Third Party Delivery Partners”). The online sale and purchase of Products, facilitation of teleconsultation with the Service Provider including recommendation of the substitute medicines and facilitation of delivery by Third Party Delivery Partners are together referred to as “Services”. Truemeds has procured the applicable licenses required under the Drugs and Cosmetics Act, 1940 and the Food Safety and Standards Act, 2006 to carry out its Services.

2.3The arrangement between the Third Party Delivery Partners, Service Provider (hereinafter together to be referred as “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 Platform after obtaining due registration, in accordance with the procedure as determined by Us, from time to time.

2.4You agree and acknowledge that the Platform is what You and Third Party Service Providers utilize to meet and interact with another for the respective transactions. Truemeds is not and cannot be a party to, or, save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers.

2.5Your access or use of the Platform, transaction on the Platform and use of Services hosted or managed remotely through the Platform, are governed by these Terms of Use, including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between You on one part and Truemeds on the other Part. By accessing or using the Platforms, you hereby confirm that You have the capacity to enter into a legally binding contract under Indian law, and in particular, the Indian Contract Act, 1872. Further, You represent that You are duly authorized as per applicable law by any third party (including a person under the age of 18 years) whose information you share with us and for that information to be processed as per the terms of the Privacy Policy. You hereby agree that Truemeds shall be acting as per your representation of authority and shall not make any independent enquiries to ascertain the genuineness of your authorization. Any liability in relation to your acts and omissions in this regard or resulting from consequent actions taken by Us pursuant to your acts and omissions in accordance with this Terms of Use or Privacy Policy shall also solely be borne by you.

2.6By clicking on “I Accept” or accessing, browsing or in any way transacting on the Platform, 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, 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 Platform, 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 Platform to a third party website, the same shall be governed as per clause 10 of the Privacy Policy.

2.7These Terms of Use are effective from 5th October, 2024.

3.Professional Standards

Truemeds’ Services (defined below) are rendered from its Licensed Premises and dispensation of drugs are carried out under the personal supervision of its registered pharmacists. All pharmacists are bound by codes of professional ethics and conduct.

4.Privacy

Your privacy and that of any other person whose information You provide to Us are important to us. Please see our Privacy Policy for details of what information We collect and how We will use and protect it.

5.Registration

By registering and using the services You agree that You are eighteen years or above and You are not debarred by any law to contract and You agree to have read and accepted the Terms of Use provided herein. Visitors to this website/mobile application are required to register in order to use its facilities/ services. We are not under any obligation to accept a request for registration and reserve the right to suspend or terminate access at any time if your continued use is believed to prejudice Us or other users. By registering to use this website /mobile application You confirm that the information You provide during the registration process is accurate and complete. You agree to update your registration details promptly if there are any changes. All registration information You provide will be kept secure and processed in accordance with our privacy policy

6.Username and password

During the registration process, You may be allocated, or invited to choose, your own username and password which will be unique to you or One-Time Password (“OTP”), which will be sent to your mobile phone number via SMS. You are responsible for keeping your username and password and OTP confidential and for ensuring that they are not used by any other person, for the purposes of availing the Services. As part of the registration process, Truemeds may collect certain personal information from You including:

  • Name of the patient
  • Delivery Address (including country and ZIP/ postal code)
  • Gender
  • Age
  • Phone number
  • Relationship to the person ordering (if applicable)
  • Mode of Payment

For further details regarding the information We collect, please refer to the Privacy Policy.

7.Prescriptions for persons other than yourself

If the prescription is of a person other than yourself, You will need to have the authority of the person whose prescription it is to have it dispensed by us. By placing an order to dispense another person’s prescription You confirm that You have their authority to do so.

8.Age Restrictions

We accept orders of Products, after a valid prescription has been uploaded/ generated in accordance with the Terms of Use (“Prescription Orders”) for Users who are 18 years old or over and for Prescription Orders for customers below the age of 18 years, the User so ordering must have the requisite authority to undertake such an order in accordance with applicable laws. By placing an order, You confirm that You are at least 18 years and legally competent to contract.

9.Residence

We accept Orders from and dispatch orders to addresses in selected locations in India.

10.Binding agreement

No order of Products placed by You will be binding on Us until We have confirmed the order to You by phone, email or in writing, in accordance with this Terms of Use. We reserve the right to reject any order. All orders are delivered subject to receipt of valid prescription, the delivery by our Third Party Delivery Partners to the relevant pin code entered by you, verification of the prescription by registered pharmacists, and the ascertainment of available stock with the licensed distributors of Truemeds.

11.Non-Receipt of Prescription

In the event, We do not receive a valid prescription from You within twenty four (24) hours of placing Your Prescription Order, We may cancel Your Prescription Order and initiate a refund in accordance with Our refund policy. In case of any queries, You can reach out to Our customer support by writing to Us atsupport@truemeds.inor calling on09240250346.

12.Verification of prescription

12.1You will upload a legible, valid and legal medical prescription written by a medical practitioner registered in India under the Indian Medical Council Act, 1956, having a valid Certificate of Practice as on the date of uploading of the prescription on the Platform. A valid prescription issued by your medical expert/ doctor or by Our Service Provider, pursuant to an online consultation, is required for placing an order for Products, in accordance with the Drugs and Cosmetics Act, 1940 and the rules made thereunder, as amended from time to time. If the prescription contains unusual quantities of medicines or Schedule X Drugs, Truemeds reserves its right to reject the order.

12.2Upon uploading of the prescription, our pharmacist will verify it against the information provided to Us at the time the order was placed. In the event that the information does not match with your original order as per the prescription, We may try to contact You using the information provided by You during your registration. If We cannot contact You and We are unable to dispense the item(s) on your Prescription Order We reserve the right to return your prescription to you. Our pharmacist may, if required or if deemed necessary in its judgment, contact the medical practitioner on behalf of the patient to verify that the prescription has been read, translated/transcribed and ordered correctly.

12.3You represent and warrant that You will furnish to Us for placing the order only the original or an electronic copy of the original prescription issued by a medical practitioner. You further represent and warrant:

  1. that such prescription, whether the original or an electronic copy of the prescription, shall not be furnished to any other pharmacist if it is stated thereon by the prescriber, directly or impliedly, that the prescription drugs can be dispensed only once against that specific prescription; and
  2. that if the prescription directs that the prescription drugs may be dispensed a certain number of times or at stated intervals, the User shall not exceed these stated limits in furnishing the original or the electronic copy of the prescription to Truemeds and placing orders with it.

12.4You undertake and warrant not to upload/email/submit any false, illegal, lapsed, tampered, doctored, falsified or incorrect prescription(s), under any circumstances, whether under active knowledge or erroneously under any mistaken beliefs or assumptions. In case You are in breach of any of the obligations mentioned herein, Truemeds shall assume no liability whatsoever for the Product(s) sold. Further, all prescriptions so uploaded may be archived by Truemeds in Your account, subject to the Privacy Policy.

12.5You represent and warrant that You shall purchase Products only for bona fide and legitimate patients and not for the purpose of re-sale or any other activity not permissible under applicable laws. You declare yourself to be a bona fide consumer of the ordered medicines, which are intended to be used as prescribed and in no case shall the ordered medicines be allowed to be misused or put to any unauthorized use.

12.6Notwithstanding anything contained in this Agreement, Truemeds reserves its right to use all means, including contacting the medical practitioners and Users, to determine the authenticity of the prescriptions and the orders placed by Users.

12.7You understand and acknowledge that Truemeds is not the manufacturer of the Products and accordingly, shall not be liable in any manner whatsoever for any liability, loss, damage, compensation etc. that is legally attributable to the manufacturer of the Product or is due to any manufacturing fault/lapse/error.

13.Online Consultation with the Service Provider

13.1Whenever We use the words “your physician” or “your doctor” or similar words on the Platform, including in these Terms of Use, We mean any registered medical practitioner You otherwise consult and with whom You have a doctor-patient relationship and who is not the Service Provider.

13.2The Company has engaged a third-party Service Provider for providing tele-consultation services. The Company is a facilitator of healthcare services that provides healthcare products and services to the Users. The Service Provider engaged by the Company is not related to the Company but merely provide medical consultation to You with your consent. You acknowledge that the Service Provider engaged by Truemeds is an independent entity, whose services are being availed by You upon your implied/ explicit consent. Hence, the Company, in no event, shall be directly or vicariously liable for any advice or medical consultancy or any loss arising from the Service Provider.

13.3The opinions, statements, answers and tele-consultations (collectively “Consultation”) provided by the Service Provider through the Platform are solely the individual and independent opinions and statements of such registered medical practitioners and do not reflect the opinions of Truemeds. Truemeds does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Platform.

13.4You understand and agree that Truemeds, through its Platform, merely facilitates the online requisition of Consultation services being offered by the Service Provider to the User. All commercial and contractual terms with respect to Consultation offered shall be agreed to between the Service Provider and the Users. You further understand and agree that the Company, on Your behalf, shall pay the Service Provider’s fees for the Consultation offered and the amount of fees paid to the Service Provider shall be determined as per the policies of the Company. Further, by opting for the Consultation services, You explicitly consent to its initiation under applicable law.

13.5The Company does not recommend any specific registered medical practitioner(s), tests, products, opinions or other information that may be mentioned on the Platform. Reliance on any information provided on the Platform is solely at Your own risk. You should follow the advice of your doctor at all times. Further, it is Your responsibility for ensuring that the information submitted is accurate and the Company shall not make any effort to verify the accuracy of any information provided by You for using the Services.

13.6The inclusion of professionals, specialists and/ or the Service Provider on the Platform does not imply recommendation or endorsement of such specialists and/ or the Service Provider nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or Service Provider contained therein. Such information is provided on an ‘as-is’ basis and Truemeds disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.

13.7Truemeds (the owners and the employee staff of Truemeds), and the Service Provider accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Platform.

13.8The Company makes no warranty that the Consultation will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. Subject to the Privacy Policy and applicable law, this includes loss of data or any service interruption caused by the Company employees, or any other transmission errors and corruption of data.

13.9Notwithstanding anything to the contrary contained herein, You alone shall be liable for your dealings and interaction with the Service Provider contacted or managed through the Platform and Truemeds shall have no liability or responsibility in this regard. Truemeds does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by such client, patient, User, Service Provider or any third party through the Platform.

13.10The exchanges between the Service Provider and the patient over the telephone (or any other platform as determined by Truemeds) may be supervised, recorded and stored by Truemeds, for the purposes of monitoring the quality of the consultation. You are advised to consult the Privacy Policy in this regard and note that by accepting or using Our Services to initiate Consultation, You are hereby providing explicit consent for such supervision, recording or storage.

13.11Truemeds may, at its sole discretion, suspend User’s or the Service Provider’s ability to use or access the Platform at any time while Truemeds investigates complaints or alleged violations of these Terms of Use, or for any other reason.

14.Substitute Medicines

14.1You acknowledge and accept that the order for a substitute of a Prescription Drug would be processed if your doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the drug prescribed in your prescription or if the prescription solely lists the salt names instead of a specific brand name.

14.2You further acknowledge and accept that a substitute of a Prescription Drug may also be processed if the Service Provider, after undertaking an independent and professional examination through teleconsultation or educating the customer about the benefits related to the substitute medicine, determine that a substitute of Prescription Drug may be prescribed. The Service Provider shall in such a situation issue a prescription pursuant to an online consultation with the patient prescribing the aforesaid substitute drug. Such issuance of prescription by the Service Provider for a substitute of a Prescription Drug shall be undertaken with your consent.

14.3The registered pharmacists may call the customer, pursuant to their teleconsultation between the Service Provider and the customer, in order to educate them regarding the benefits related to the substitute medicines.

14.4The Company shall not, in any event, held responsible or liable for any loss or damages arising from the sale of substitute drugs to the Users.

15.Disclaimer

15.1The User understands and agrees Truemeds is providing a technology service as an intermediary and that any complaint of health issues, consultation, unsatisfactory services, etc. in connection with the services provided to the User directly by the Service Provider, under this Terms of Use are between the User and the Service Provider and that at no point in time Truemeds shall be held responsible for the same.

15.2Further, notwithstanding anything contained herein, Truemeds shall not be liable for: any medical negligence, prescription of any wrong medication or treatment on part of the Service Provider; any type of inconvenience suffered by the User due to a failure on the part of the Service Provider in providing the agreed Services or to make himself/herself available at the appointed time, inappropriate treatment, or similar difficulties; any misconduct or inappropriate behavior by the Service Provider; cancellation or rescheduling of booked appointment; any medical eventualities that might occur subsequent to using the services of the Service Provider. In the event of any non-compliance or malpractice by any such Service Provider, You affirm that You will bring to our immediate attention, any such incidence, for us to take necessary actions required under applicable laws and raise it with the third-party service providers. Further, You affirm that You shall not take any action against Truemeds for any acts (or omission) of the Service Provider.

16.Subscription

Under the subscription model, User can subscribe for his/her/its medicine requirement by choosing a subscription plan that best suit the Users needs and the User can customize the same according to the Users requirement. All orders under the subscription plan shall be automatically placed in accordance with the chosen subscription plan. All orders under the subscription model shall be subject to all the other applicable terms and conditions mentioned herein along with all statutory requirements for processing an order.

17.Clubbing of offers

Any ongoing offer or promotional scheme cannot be clubbed with the orders placed under the subscription plan. All orders under the subscription plan shall be processed based on the standard discount and promotional scheme available at the time of processing any order under the subscription plan. Truemeds shall have the sole discretion to decide with regard to the offers or scheme that shall be applicable to the orders placed under the subscription plans.

18.Discount on Selected Products

Discounts provided on the website/mobile application are on selected products. Discounts may be changed on a product to product basis at the sole discretion of Truemeds & Truemeds will not be held liable for any issues/ inconvenience caused to users, resulting from these changes.

19.Non-Availability / Suitability of Products

If any of the items on your prescription are not available or are not suitable for dispensing through this service, We will try to contact You using the information provided by You to inform You about the same.

20.Sale of prescription drugs

20.1The User confirms and acknowledges that notwithstanding anything contained in this Terms of Use, that the property and title in the Products ordered by the User shall stand immediately transferred to You upon the dispensation of Products and the raising of the invoice at the Licensed Premises. Accordingly, the sale of Products shall be concluded at the Licensed Premises, irrespective of the User’s delivery location. Such sale shall be final, binding and conclusive irrespective of the mode of payment and delivery opted by the User. The User shall have an option to pick the most suitable payment and delivery mode from amongst the options given on the Platform. Once a sale invoice is raised and the User shall authorize a Third Party Delivery Partner as the User’s agents, who shall dispatch the relevant Products ordered, on behalf of the User, to the delivery location as chosen by the User.

20.2Prescription items can only be dispensed once We have received your original paper prescription or online prescription from the Service Provider. All items are delivered to the address provided by You in your registration or to an alternative address if directed by you. You acknowledge and accept that items will need to be signed for on delivery and authorize any person at your chosen delivery address to sign for the items as your authorized representative. In the event that the packaging is opened after delivery, We will have no liability to You for lost or damaged items or for what third parties find out about You as a result.

21.Delivery of Drugs

21.1You agree to appoint a Third Party Delivery Partner who shall act in the capacity of Your agent and collect the medicines as requested by You from Licensed Premises on Your behalf (“User Agent”). You accept and acknowledge that the User Agent shall be responsible to collect the medicines ordered by You from the Licensed Premises and to carry it to the address notified by You.

21.2You further agree and acknowledge that the User Agent acts as Your agent for collecting the medicines from the Licensed Premises. The services are being undertaken by User Agent with Your consent and therefore the Company is merely facilitating for You and Users Agent to connect.

21.3You agree and acknowledge that the Third-Party Delivery Partners are independent contractors, and not agents or employees of the Company, whose services are being availed by You upon your implied/ explicit consent solely for the delivery of the Products ordered by You through the Platform.

21.4All drugs and cosmetics will be delivered through a delivery agent without disclosing your personal information or prescriptions in compliance with the applicable laws either directly to the patient or its authorized person.

22.No Warranties

22.1Truemeds makes no warranty that :

  1. the application will meet your requirements
  2. the application will be available on an uninterrupted, timely, secure, or error-free basis or that
  3. any results that may be obtained from the use of the application or any services offered through the Platform will be accurate or reliable. Truemeds disclaims all warranties as to the accuracy, completeness or adequacy of such information.

22.2Truemeds disclaims all liabilities arising from manufacturing defects and the claims, if any, with regard to a defect in manufacturing or otherwise shall be made directly on the manufacturer whose information is provided on the product. Truemeds may at its sole discretion assist User in providing any information that may be required with regard to the claim.

23.Acceptance of Orders

All orders are subject to acceptance and confirmation of delivery date and time. Mere receipt of the prescription or order either directly from You or from the Service Provider does not amount to acceptance of your order nor guarantee that the drugs will be delivered as per your requirement within a specific time. All orders are subject to availability of stocks. Truemeds reserves the right to share your prescription with its associated pharmacies, distributors and/ or manufacturers for fulfilling your prescription, who will dispense the drugs as per the prescription and issue a valid sales receipt. All orders made by the customer shall be subject to various laws, including the Drugs and Cosmetics Act (as may be amended from time to time). We do not accept orders for certain drugs and cosmetics unless the same is prescribed by the registered medical practitioner licensed by the Medical Council of India. We do not verify the authenticity of the orders placed by you, where the prescriptions are received directly from a registered medical practitioner licensed by the Medical Council of India or your doctor, who has placed the order on your behalf after your authorization.

24.Payment of Price

24.1On delivery of the relevant Products to the Users, Truemeds shall be entitled to full payment for the same. You agree that the prices mentioned on our website or mobile app are approximate estimates of the actual/exact price of the drugs. The actual/exact price of the drug will depend upon its batch number and will be mentioned in the invoice dispatched to You along with your order. In case a pre-payment has been made by You basis the price estimate at the time of placing the order, should there be a shortfall upon generation of the invoice, You undertake to pay the shortfall through any of the payment modes made available to You by us. In case the payment made by You basis the price estimate at the time of placing the order is more than the price as per the generated invoice, the excess payment will be refunded back to You in your bank account, credit card, debit card, wallet or the TM credit account which may have been used by You at the time of making the payment.

24.2At present, Truemeds supports the following payment methods, as may be revised from time to time:

  1. Debit Cards
  2. Credit Cards
  3. Prepaid Cards
  4. Netbanking
  5. UPI
  6. Wallets
  7. Cardless EMI
  8. EMI on card
  9. Pay later

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