TERMS & CONDITIONS

This document (“Terms”) constitutes an electronic record as per the provisions of the Information Technology Act, 2000 and its subsequent amendments concerning electronic records. It is generated through a computer system and does not necessitate any physical or digital signatures.

Published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, this document outlines the terms and conditions, privacy policy, and regulations for accessing or utilizing the website www.themedbazaar.com and its corresponding mobile applications.

GENERAL

www.themedbazaar.com, an online platform, and “The Med Bazaar,” a mobile application, collectively referred to as the “Website,” are owned, operated, and managed by THE MEDBAZAAR.COM, hereinafter referred to as the “Company,” “We,” “Our,” or “Us.” The Company, duly incorporated under the Companies Act, 2013, operates from Office Near Ambhedkar Murti Hansari Jhansi 284135, with the website www.themedbazaar.com.

For the purposes of these Terms, “You,” “Your,” or “User” denotes any natural or legal entity accessing, using, or subscribing to our Website, agreeing to become a buyer on the Website, or availing or offering any of our services.

Your use of the Website is contingent upon the acceptance of all the terms, conditions, and notices outlined in these Terms, including applicable policies incorporated herein by reference. The Company reserves the right to modify these Terms, any policy, or guideline of the Website, including the Privacy Policy, at its sole discretion. Any such changes or modifications will be effective immediately upon posting on the Website.

By utilizing the Website in any manner or merely browsing it, You acknowledge that You have read, understood, and agreed to be bound by these Terms, the Website’s Privacy Policy, and other relevant rules, guidelines, policies, and terms and conditions as mandated under applicable law(s) in India and other jurisdictions.

Our Website operates and services are provided in compliance with Indian laws, and the Company shall not be liable for delivering any Products or providing Services purchased by You outside India. Should You access our services from locations outside India, You do so at your own risk and are solely responsible for compliance with local laws. Additionally, if You use any third-party website or the products or services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies.

PRODUCTS AND SERVICES

The Website serves as a platform facilitating online requisition by the User for the purchase of medicines, wellness, and health-related products and services offered by various registered third parties (“Products and Services”). The sale & purchase transactions between the registered third parties and You, facilitated by Your requisition on the Website, are governed by these Terms. The Company is not and cannot be a party to, or control in any manner, such transactions between You and the third parties.

TECHNOLOGY PLATFORM FOR PHARMACEUTICAL PRODUCTS

The Website facilitates the purchase of drugs and pharmaceutical products, nutraceutical products and services (including Over the Counter (OTC) and wellness products) offered by third-party retail pharmacies (“Retail Pharmacies”). The Company and the Website solely provide hosting and technology intermediary services. All items offered for sale on the Website and content provided by the Retail Pharmacies are third-party content, and the authenticity, accuracy, or genuineness of such Products and Services shall be the sole responsibility of the Retail Pharmacies. The Company does not take any representation or warranty as to the legal title of the Products and Services. Additionally, the Company is not responsible for delayed performance, non-performance, or breach of contract between You and the third-party Retail Pharmacies. The Website content, including text, copy, audio, video, graphics, etc., is for general information purposes only and does not constitute an advertisement or promotion of any drug or professional medical advice.

PRESCRIPTION DRUGS

To purchase drugs and pharmaceutical products requiring a valid prescription, You must upload a scanned copy of the valid prescription on the Website. The Retail Pharmacies will dispense only those quantities specified in the prescription. The Company is not responsible for any delay in delivery.

SUGGESTION OF ALTERNATIVES TO PRESCRIBED DRUGS

As per applicable laws, an order for an alternate prescription drug will be processed if a registered medical practitioner has permitted/approved it or if the prescription lists active pharmaceutical ingredients/salt names instead of a specific brand name. You acknowledge that any exchange between third-party registered medical practitioners, pharmacists, and You over the telephone shall be recorded and preserved in the Company’s database. All information exchange shall be processed in accordance with the Privacy Policy available on the Platform.

These terms and conditions are copyright-free and have been customized for The Med Bazaar, with updated font and styling for better readability.

1. Invitation to Offer for Sale:

The listing of drugs and other pharmaceutical products on the Website by the Retail Pharmacies serves as an ‘invitation to offer for sale’ and not as an ‘offer for sale.’ Your placement of an order constitutes an offer to enter into an agreement with the Retail Pharmacies (“Offer”). Upon receipt of Your Offer, the Company will send an email to You containing information on the Offer and details of the concerned Retail Pharmacy(s) eligible to fulfill the sale. However, this email does not signify acceptance of the Offer. The acceptance of the Offer will be determined by the Retail Pharmacy(s) after verifying the prescription (in case of Prescription Drugs) and stock availability, followed by a confirmatory email to You. Any reference to the term ‘offer/ offered for sale by the Retail Pharmacy(s)’ in these Terms is construed solely as an ‘invitation to offer for sale’ by such Retail Pharmacy(s).

2. Transfer of Property and Completion of Sale:

Upon acceptance of the Offer by the concerned Retail Pharmacies, the Products and Services will be dispensed at the pharmacy according to the terms of Your order. The transfer of property and title in the Products and Services occurs immediately upon dispensation and invoicing at the Retail Pharmacies. Therefore, the sale concludes at the Retail Pharmacy, and the invoice for Products and Services to be delivered will be issued by the concerned Retail Pharmacy.

3. Drugs Delivery:

The Products and Services will be delivered by the Retail Pharmacies or independent contractors. You acknowledge that the courier/delivery personnel act as Your agent for delivery, with no control over the Products and Services beyond standard delivery obligations. The Company merely facilitates this service and bears no liability or responsibility in this regard.

4. Diagnostics Services:

The Company facilitates Users to avail diagnostic test/package facilities offered by third-party operated labs (“Labs”). The Labs are solely responsible for providing services, including sample collection and generating reports. The Company bears no responsibility for the services provided by the Labs and acts solely as a facilitator. Users and Labs agree to use the Website and materials therein in accordance with these Terms and applicable laws.

5. Online Doctor Consultancy:

The Company facilitates healthcare products and services to Users through third-party registered medical practitioners (RMPs) available via the Docstat platform. The Company does not provide telemedical consultation directly. You acknowledge that the third-party RMPs are independent contractors, and the Company bears no liability for their services. Any e-prescription issued by Your Doctor must comply with Indian laws and is solely for Your use. The Company assumes no responsibility for the dispensation of medicines based on e-prescriptions. Reliance on information provided on the Website is at Your own risk, and the Company makes no warranties regarding service quality or uninterrupted service. These terms and conditions are copyright-free and have been customized for The Med Bazaar, with updated font and styling for better readability.

 

• CONTENT FOCUS: The first excerpt primarily discusses the Patient Support Program (PSP), which involves personalized health condition or disease management support facilitated by third-party experts associated with The Med Bazaar.The second excerpt covers eligibility criteria for using the website, user account management, and pricing information and payment terms.
• STRUCTURE: The first excerpt is structured around the PSP, outlining the services provided, the role of professionals involved, and user responsibilities related to consultation and data privacy.The second excerpt is structured into sections such as “Eligibility of Use,” “User Account, Password and Security,” and “Pricing Information and Payment.” Each section addresses specific aspects of using The Med Bazaar platform, providing clarity on eligibility criteria, account management, and payment procedures.
• DETAILS PROVIDED: The first excerpt provides detailed information about the PSP, including the types of services offered, the role of professionals, and user consent regarding data retention.The second excerpt delves into eligibility criteria, user responsibilities for maintaining account security, and payment procedures, including refund policies and the role of The Med Bazaar as a facilitator in transactions.
• LEGAL REFERENCES: The first excerpt does not explicitly reference legal acts or regulations.The second excerpt explicitly references legal acts such as the Indian Contract Act, 1872, and regulations related to telemedicine practice guidelines and privacy policies.Overall, while both excerpts provide terms and conditions for using The Med Bazaar platform, they focus on different aspects and are structured differently to address specific user concerns and legal requirements.These terms and conditions outline various aspects related to using The Med Bazaar platform, including user obligations, usage conduct, intellectual property rights, return and refund policies .
• USER OBLIGATIONS: This section outlines the terms and conditions users must adhere to while using the website and its services. It covers aspects such as permissible use of materials, prohibited activities, and the consequences of breaching terms.
• USE OF MATERIALS: Users are granted limited rights to access and use materials available on the website for personal, informational, and internal purposes only. It also specifies restrictions on modifying, distributing, or selling these materials.
• USAGE CONDUCT: Users are obligated to use the website for reasonable and lawful purposes only, refraining from activities not envisaged through the website. It also addresses the personal, non-commercial use of vouchers/coupons purchased through the platform.
• INTELLECTUAL PROPERTY RIGHTS: This section asserts the ownership and control of intellectual property rights associated with the website and its content. It prohibits users from unauthorized copying, reproduction, or distribution of content without prior consent.
• RETURN, REFUND, CANCELLATION, AND SHIPPING CHARGES: Details about the return and refund policy for products and services ordered through the website are provided here. Users are directed to the cancellation, shipping charges, returns, and refund policy for further information
• ADVERTISEMENTS:For Users: The website clearly distinguishes between editorial content and content provided by Third Party Advertisers. This content is not reviewed by our in-house editorial staff and is subject to applicable laws, these Terms (excluding the editorial policy), and the Privacy Policy.

For Third Party Advertisers: Third Party Advertisers must ensure honesty about the products or services their advertisements promote. Advertisements must not create unrealistic expectations, be misleading or offensive, and must meet responsible and high standards without compromising consumer protection.

General Rules: The Company reserves the right, without prior notice to Third Party Advertisers, to upgrade, update, change, modify, or improve the website or any part thereof, and to change the content of the Advertising Policy, these Terms, or the Privacy Policy. Third Party Advertisers are responsible for reviewing these terms periodically. Any changes become applicable upon posting. We may also alter or remove website content without notice or liability. Third Party Advertisers must ensure their advertisements comply with all applicable laws, industry codes, and regulations. We are not liable for any Third Party Advertiser’s advertisement.

The Company reserves the right to reject or remove any advertisement in its sole discretion. We may request modifications to any advertisement and require factual substantiation for any claim made.

• EDITORIAL POLICY:-As part of our services, The Med Bazaar website provides editorial content aimed at the public for informational purposes only. Editorial content does not constitute professional medical advice, diagnosis, treatment, or recommendations. Users are encouraged to carefully read the Editorial Policy.
• DISCLAIMER OF WARRANTIES AND LIABILITIES :-You understand and agree that our website, services, and other materials are provided on an “as is” basis without warranty of any kind. We make no warranty that the website or services will meet your requirements or be uninterrupted, secure, or error-free. We are not liable for any loss incurred from unauthorized use of your account or account information. We make efforts to ensure information accuracy but do not warrant it. We are not responsible for website unavailability due to technical reasons or beyond our control. You download material at your own risk, and we are not responsible for any resulting damage or loss.
• INDEMNIFICATION AND LIMITATION OF LIABILITY :You agree to indemnify and hold us harmless from any losses, liabilities, claims, damages, costs, and expenses arising from your breach of these Terms or any obligations. We are not liable for any special, incidental, indirect, consequential, or punitive damages. Our liability is limited to the extent of refunding any money charged for a specific voucher, product, or service under which liability arises. We are not responsible for any transaction disputes between users and third-party service providers.
• VIOLATION OF TERMS: We may terminate your access to the website without prior notice if you violate these Terms. If we take legal action against you, you agree to pay all reasonable attorneys’ fees and costs.
• TERMINATION:These Terms continue until terminated by you or us. We may terminate them with or without notice for various reasons. Upon termination, we may delete your account and associated information without liability. These Terms survive indefinitely unless terminated.
• GOVERNING LAW:These Terms and all transactions conducted on or through the Med Bazar website, as well as the relationship between You and Company, shall be governed by the laws of India, without regard to conflict of laws principles.
  You agree that any claims, disputes, or differences arising under or in connection with the website, these Terms, or any transactions on the website shall be subject to the exclusive jurisdiction of the courts in Jhansi, India. You hereby submit to and accept the jurisdiction of such courts.
• REPORT ABUSE / GRIEVANCE REDRESSAL:If you encounter any abuse or violation of these Terms or come across objectionable content on the Med Bazar website, please report it to our customer support team.If you have any concerns or grievances about the Terms, the website, or our services, please contact us with a detailed description, YOU CAN COTACT THE MED BAZAAR.COM Support team.While we aim to address all grievances internally, we recognize that certain issues may be best resolved directly between you and the Retail Pharmacies/Labs. In such cases, we will facilitate this process by forwarding your grievance to the relevant Retail Pharmacies/Labs to ensure a prompt and effective resolution. However, our Grievance Officer shall remain the primary point of contact for any concerns related to the services provided on our platform.
• PRIVACY POLICY:Med Bazar collects, processes, and shares data with third parties in accordance with its Privacy Policy, to provide, manage, and fulfill the delivery of products and services requested by you. We prioritize the protection of your privacy and information. Please review our Privacy Policy, available at www.medbazar.com/legal/privacy-policy, to understand how we collect, process, and share your information, and maintain data security practices.
• COMMUNICATIONS:You expressly consent to receiving communications from Med Bazar via SMS, emails, or any other mode, including phone calls, relating to the products offered through the website. This supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry, as per the Telecom Commercial Communications Customer Preference Regulations, 2018.
  You can unsubscribe/opt-out from receiving communications from Med Bazar through SMS and email anytime by:

Visiting www.medbazar.com to unsubscribe from messages/SMS; and

Clicking on the unsubscribe option attached at the bottom of newsletters received through email.

• GENERAL PROVISIONS:Notice: All notices from Med Bazar will be served via email or through general notification on the website. Any notice provided to Med Bazar pursuant to these Terms should be sent to bazaarmed@gmail.com.

Assignment: You may not assign or transfer these Terms or any rights granted hereunder to any third party. However, Company’s rights under these Terms are freely transferable to any third parties without seeking your consent.

Severability: If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the maximum extent permissible, reflecting the intent of the parties, and the Terms shall continue to be binding.