1.1 What is www.med-x.in?
- Sending an email to firstname.lastname@example.org.
- aSection 43A of the Information Technology Act, 2000;
- bRegulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”); and
- cRegulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
1.3What is personal information?
“Personal information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
The SPI Rules further define “sensitive personal data or information”of a person to mean personal information about that person relating to:
- bfinancial information such as bank accounts, credit and debit card details or other payment instrument details;
- cphysical, physiological and mental health condition;
- dsexual orientation;
- emedical records and history;
- fbiometric information;
- ginformation received by body corporate under lawful contract or otherwise;
- hvisitor details as provided at the time of registration or thereafter; and
- icall data records.
Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as sensitive personal data or information.
2 Privacy Statements
2.1 All Visitors and Users Note:
This section applies to all visitors and the Users.
User can access, modify, correct and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. If User updates any of his/her/its information, Med-x may keep a copy of the information which User originally provided to Med-x in its archives for uses documented herein. Med-x takes User’s rights seriously and encourages User to use them if User deems this to be appropriate. User may exercise these rights by emailing Med-x at email@example.com.
Due to the communications standards on the Internet, when a User visits the Website, Med-x automatically receive the URL of the site from which such User came and the site to which such User is going when he/she/it leaves. Med-x also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall trends to help Med-x improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with third-parties without such User’s permission or except when required by law. Notwithstanding the above, Med-x may share some of the aggregate findings (not the specific data) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Med-x and its service providers for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Med-x may allow authorized third parties to place or recognize a unique cookie on the User’s browser. Med-x does not store personally identifiable information in the cookies.
Med-x may keep records of telephone callsreceived and made for making inquiries, orders or other purposes for the purpose of administration of Services, research and development and for User administration.
Med-x allows other companies, to serve advertisements to the Users. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. Med-x may “target” some ads to User that fit a certain general profile. Med-x does NOT use personally identifiable information to target ads.
The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Med-x hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.
Med-x does not knowingly collect personal data from children.
Med-x has implemented Indian legal industry standard security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.
Med-x addresses any discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, Med-x has designated a Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:
- Sending an email to firstname.lastname@example.org
2.2 Users Note:
As part of the registration/application creation and submission process that is available to Users on this website, certain information, including sensitive personal data or information is collected from the Users.
If you have inadvertently submitted any such information to Med-x prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, stored or used, then you may ask Med-x, by sending an email to email@example.com whether Med-x is keeping personal data about you, and every User is also entitled to require Med-x to delete and destroy all such information relating to him/her (but not other Users) in its possession.
Users’ personally identifiable information they choose to provide on the Website is used to help the Users describe / identify themselves. Other information that does not personally identify the Users as an individual, is collected by Med-x from Users (such as, patterns of utilization described above) and is exclusively owned by Med-x. Med-x may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. If Med-x wishes to use any User’s personal data for a new purpose, it will seek such User’s permission before doing so.
Med-x will communicate with the Users through email and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The Users can change their e-mail and contact preferences at any time by logging into their “Account” at www.med-x.in and changing the account settings.
At times, Med-x conducts a User survey to collect information about Users’ preferences. These surveys are optional and if Users choose to respond, their responses will be kept anonymous. Similarly, Med-x may offer contests to qualifying Users in which we ask for contact and demographic information such as name, email address and mailing address. None of this information is shared with third parties, except in summary form, if at all. The demographic information that Med-x collects in the registration process and through surveys is used to help Med-x improve its Services to meet the needs and preferences of Users. This may include targeting advertising to Users about our Services. Information we gather through a contest may also be disclosed to third parties, as necessary, for prize fulfillment and other aspects of any contest or similar offering.
All Med-x employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every User’s sensitive personal data and information.
Med-x may also disclose or transfer User’s personal and other information a User provides, to another third party as part of reorganization or a sale of the assets of a Med-x corporation division or company. Any third party to which Med-x transfers or sells its assets will have the right to continue to use the personal and other information that a User provide to us.
To the extent necessary to provide Users with the services on the Website, Med-x may provide their Personal Information to third party contractors who work on behalf of or with Med-x to provide Users with such services, to help Med-x communicate with Users or to maintain the Website. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, will have rights to use and disclose the personal information collected in connection with the provision of these services in accordance with their own privacy policies.
3 Registration Process
3.1 As part of the registration process, Med-x collects the following personal information from the Users:
Address (including country and ZIP/postal code);
Password chosen by the User;
Other details as the User may volunteer.
Med-x makes all User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
Part of the functionality of the Website is assisting the Sellers to maintain and organise such information to effect sale and purchase of products.Med-x may, therefore, retain and submit all such records to the appropriate authorities, or to Sellers who request access to such information.
Part of the functionality of the Website is assisting the Users to access information relating to pharmaceutical products. Med-x may, therefore, retain and submit all such records to the relevant Users.
Notwithstanding the above, Med-x shall not be responsible for any breach of security or for any actions of any third parties that receive Users’ personal data or events that are beyond the reasonable control of Med-x including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
If a User uses the Service after notice of changes have been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed practices.
1.1 What is this document?
You must be 18 years of age or older to register, use this computer resource, or visit or use the Website in any manner. By registering, visiting the Website or accepting this Agreement, you represent and warrant to Med-x that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and agree to and abide by this Agreement.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
- athe Indian Contract Act, 1872,
- bthe (Indian) Information Technology Act, 2000, and
- cthe rules, regulations, guidelines and clarifications framed thereunder, 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”).
A condition of the User’s use of and access to the Website and to the other services provided by Med-x to Users (together with the Website, the “Services”) is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website immediately and immediately discontinue use of all other Services
Med-x authorizes the User to view and access the content available on or from the Website solely for visiting, ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Med-x Content”), are the property of Med-x and are protected under copyright, trademark and other laws. User shall not modify the Med-x Content or reproduce, display, publicly perform, distribute, or otherwise use the Med-x Content in any way for any public or commercial purpose or for personal gain.Multiple people are not permitted to share the same/single log-in.
2 Services and use of Website
The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Reliance on any information appearing on the Website, whether provided by Med-x, its content provides, visitors to the Website or others, is solely at Your own risk.
Med-x advises the Users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from Your doctor or other qualified health care provider because of something You have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
You must have a prescription from a registered medical practitioner a scanned copy whereof shall be uploaded at the time of placing an order or be provided at the time of delivery of pharmaceutical products. Prescription medicines are delivered only after a prescription given by a registered medical practitioner has been received. Med-x maintains a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and subject to applicable laws may also be used to re-order the prescribed medicines.
Sellers must be legally able to sell the item(s) such Seller offers for sale on the Website. Sellers must ensure that the offered items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe the item for sale. All offered items must be kept in stock for successful fulfillment of orders received. The description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, the Seller agrees to refund any amounts that such Seller may have received from the buyer.
The Sellers represent and confirm that such Seller shall be the sole and exclusive legal owner of all items, goods or products of any description that they wish to offer for sale on the Website. Sellers shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. Sellers shall not, either alone or in conjunction with other Sellers, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
Users shall at all times ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including, but not limited to sales tax/ VAT, income tax, octroi, service tax, central excise, custom duty, local levies etc.) regarding your use of Service and purchase, solicitation of offers to purchase, and sale of items or services on the Website. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or regulations for the time being in force.
From time to time, Sellers shall be responsible for providing information relating to the items or services offered by such Seller. In this connection, Sellers undertake that all such information shall be accurate in all respects. Sellers shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner. Sellers shall not offer any habit forming or narcotic medications, also known as scheduled drugs or controlled substances in some countries.
You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your information, in any media now known or not currently known, with respect to Your information to enable Med-x to use the information for the purpose of providing the Services.
Med-x provides Services through the Website, which is a platform that facilitates the online sale and purchase of pharmaceutical products and services offered by Sellers. You understand and agree that Med-x and the Website merely provides hosting services to its Users and persons browsing / visiting the Website. All items advertised / offered and the contents therein are advertised and offered by Sellers and are third party user generated contents.Med-x neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects the information contained in the transmission. Med-x has no control over the third party user generated contents.
The Website is only a platform through which Users may meet and interact with Sellers for their transactions. Med-x is not and cannot be a party to or control in any manner any transaction between the Users of the Website and the Sellers.
All commercial / contractual terms are offered by and agreed to between buyers and Sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Med-x does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and Sellers. 2.12 Med-x does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Sellers. You are advised to independently use Your best judgment in that behalf.
Med-x does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Sellers. You are advised to independently use Your best judgment in that behalf.
Med-x is not responsible for any non-performance or breach of any contract entered into between buyers and Sellers. Med-x cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website. Med-x shall not and is not required to mediate or resolve any dispute or disagreement between buyers and Sellers. Med-x does not make any representation or warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Med-x does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Med-x accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Med-x does not at any point of time during any transaction between buyer and Seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by Seller to buyer. Med-x is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller.
Med-x may, at its sole discretion, suspend User’s ability to use or access the Website at any time while Med-x investigates complaints or alleged violations of this Agreement, or for any other reason.If Users find any wrong information on the Website in relation to such User, they can correct it themselves or contact Med-x immediately for such corrections.Med-x shall have no liability or responsibility in this regard. 2.16 Payment, Fees and Taxes:
Payment, Fees and Taxes:
- aRegistration on the Website and the information is free. Med-x does not charge any fee for browsing and buying on the Website. The User agrees to make all payments directly to the respective Seller for purchase of products from such Seller. Med-x is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Med-x. These payments could be collected personally from the User by the concerned Seller. Such Seller may appoint collection agents for the collection of payments from the Users. Med-x shall not be responsible for any act or omission on the part of such collection agents as Med-x exercises no control over such third parties.
- bEach User / member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Med-x is in no way responsible for any of the taxes.
3 Collection, Use, Storage and Transfer of Personal Information
The type of information collected from Users, including sensitive personal data or information;
The purpose, means and modes of usage of such information; and
How and to whom Med-x will disclose such information.
Med-x shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Med-x or any Seller.
The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all uses of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Med-x of any actual or suspected unauthorized use of the User’s account or password.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Med-x has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Med-x has the right to suspend or terminate such account at its sole discretion.
As mandated by Regulation 3(2) of the IG Rules, Med-x hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that —
Belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene,pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent,trademark, copyright or other proprietary rights;
violates any law forthe time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
is prohibited under applicable law for the time being in force including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860 as amended from time to time and rules made there under;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
The User is also prohibited from:
violating or attempting to violate the integrity or security of the Website or any Med-x Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Med-x;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other Users;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the Med-x Content or other information available from the Website;
framing or hotlinkingordeeplinking any Med-x Content
Med-x, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 4.2 above, shall be entitled to disable such information that is in contravention of S. 4.2. Med-x shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
The User shall not hold Med-x responsible or liable in any way for any disclosures by Med-x under Regulation 6 of the SPI Rules.
The Services provided by Med-x or any of its licensors or providers are provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Med-x does not provide or make any representation, warranty or guaranty, express or implied about the Website or the Services. Med-x does not verifies any content or information provided by the Sellers on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, the Med-x Content, representations and warranties made by the Sellers or the content or information provided by such Seller on the Website or any opinion or suggestion given or expressed by Med-x or any Seller in relation to any User or Services provided by Med-x.
The Website may be linked to the website of third parties, affiliates and business partners. Med-x has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Med-x endorses the linked site. User may use the links and these services at User’s own risk.
Med-x assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infectUser’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a Useris dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
In no event, including but not limited to negligence, shall Med-x, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) 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 Website or the content, materials and functions related thereto, User’s provision of information via the Website, lost business or lost sales,even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any service by a Seller to any User. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website. In no event shall the total aggregate liability of the protected entities 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 and conditions or a User’s use of the Website exceed, in the aggregate Rs. 1000/-.
In no event shall the protected entities be liable for failure on the part of the Sellers to provide agreed products or services. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the services provided by any Seller. 5.8. The listing of Sellers on the Website is based on numerous factors including User’s comments and feedbacks. In no event shall the protected entities be liable or responsible for the listing order of Sellers on the Website.
User agrees to indemnify and hold harmless Med-x, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of this Agreement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Med-x will notify you promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
7 Term, Termination and Disputes
This Agreement will remain in full force and effect while the Useris a user of the Website in any form or capacity.
The User can terminate his/her/its membership with Med-x at any time by providing prior written notice to order firstname.lastname@example.org
Med-x reserves the right to terminate any account in cases:
- bMed-x is unable to verify or authenticate any information provide to Med-x by a User; or
- cMed-x believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Med-x or are contrary to the interests of the Website.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account.
Med-x shall have no obligation to maintain or provide any of User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control.
Med-x reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’scontent from the Website and immediate termination of the User’saccount with or without ability to access the Website and the other Services, upon any breach by the User of this Agreement or if Med-x is unable to verify or authenticate any information the User submits to Med-x, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Med-x to provide the Services to the User.
This Agreement and any contractual obligation between Med-x and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Gwalior.
All disputes will be subject to arbitration in Gwalior in English by a single arbitrator appointed by Med-x under the Arbitration and Conciliation Act, 1996.
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
8 Severability & Waiver Contact Information
9 Contact Information
If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at email@example.com.
If a User has any questions concerning Med-x, the Website, this Agreement, or anything related to any of the foregoing, Med-x can be reached at the following email address – firstname.lastname@example.org or via the contact information available from the following hyperlink: www.medx.in