Terms & Conditions

Updated: 1st January 2016

 

Welcome to MyMedicineBox. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact :

 

MyMedicineBox

3S Healthcare Pvt. Ltd.

107 Linkway, New Link Road, Malad west, Mumbai, 400064

 

These Terms of Use (the “Terms”) are a binding contract between you and, MyMedicineBox/ 3S Healthcare P. Ltd. (“MyMedicineBox,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

 

What does MyMedicineBox do?

 

MyMedicineBox arranges the delivery of your prescription and non prescription medications directly to your door. We provide a platform that enables you to order and manage your prescription medications online and via our mobile application. We coordinate with pharmacies / Medical Stores to drop-off and pick up your prescriptions, and we arrange for individual delivery people or third party delivery services (“Delivery People”) to bring your medications directly to you. MyMedicineBox is a delivery platform, not a pharmacy or health care provider. We do not provide medical advice, diagnosis, or treatment. But for assistance, you can clarify your doubts with our Pharmacist and recommended Doctors. Always consult your physician for advice and information regarding your prescription medications. Additionally, MyMedicineBox is not an emergency service. If you are having a medical emergency, call your doctor immediately.

 

This explains who we are and what we do.

 

Will these Terms ever change?

 

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the MymedicineBox.in website, by sending you an email, and/or by some other means. You Please, refer the terms by visiting site after updating, in case you do not receive intimation from us.

 

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

 

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

 

This explains what happens if we ever change these Terms of Use.

 

What about my privacy?

 

MyMedicineBox takes the privacy of its users very seriously.

 

The Children’s Online Privacy Protection requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 18. Although users are permitted to use the Services on behalf of children, Indians under 18 are not permitted to sign up for or use the Services. We do not knowingly collect or solicit personally identifiable information from persons under 18; if you are under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a person under 18, we will delete that information as quickly as possible. If you believe that a person under 18 may have provided us personal information, please contact us at care@mymedicinebox.in

 

This explains what we do with your information.

 

What are the basics of using MyMedicineBox?

 

You may be required to sign up for an account, and select a password and user name i.e. your email ID and or Mobile No. (“MyMedicineBox User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

 

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). You will only use the Services for your own internal use and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

 

You may use the Services to order and manage prescription medication for your children, dependents, or other people you take care of. If you are using the Services on someone else’s behalf, it is your responsibility to ensure (and you hereby represent) that you have the appropriate authorization to do so.

 

It is your responsibility to confirm the accuracy of the medications and dosages of the products delivered to you. You must seek advice from your pharmacist or physician if you have any questions regarding your medications.

 

This explains how to use our services responsibly.

 

What do I authorize MyMedicineBox to do for me?

 

By using the Services, you authorize MyMedicineBox and the Delivery People to do the following:

 

Collect your prescription from you to assist you

Submit your prescription to a pharmacy/ Medical Store;

Transfer your prescription from one pharmacy to another

Collect your prescription medication from pharmacies/ Medical Store on your behalf;

Enroll you in discount and rebate programs (for example various coupons and deals);

Create and manage online accounts on your behalf;

Receive notifications and other communications from pharmacies/ Medical Store on your behalf;

Access and share certain Personal Information, such as your name, birthdate, address, and prescription medication information, with pharmacies and/or health care providers in order to verify authorization to act on your behalf.

 

This explains what you agree to let MyMedicineBox and the delivery people do for you when you sign up for our services.

 

What do the Delivery People Do?

 

The Delivery People pick up and deliver your prescription to you. MyMedicineBox’s partner Medical store selects and screens the individuals and services it uses as Delivery People; however, MyMedicineBox does not employ the Delivery People and thus does not control, supervise, or provide any equipment to the Delivery People, nor does MyMedicineBox control the manner or means that the Delivery People pick up and deliver the prescriptions.

 

DELIVERY PEOPLE ARE SOLELY RESPONSIBLE FOR THE QUALITY AND PROVISION OF THEIR RESPECTIVE DELIVERY SERVICES. MYMEDICINEBOX MAKES NO WARRANTY, AND UNDER NO CIRCUMSTANCE ACCEPTS LIABILITY IN CONNECTION WITH AND/OR ARISING FROM THE DELIVERY PEOPLE’S PERFORMANCE OF SERVICES.

 

This explains who the delivery people are and what they do.

 

Is there anything I’m not allowed to do when using the Services?

 

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

 

Infringes or violates the intellectual property rights or any other rights of anyone else (including MyMedicineBox);

Violates any law or regulation,

Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

Jeopardizes the security of your MyMedicineBox account or anyone else’s (such as allowing someone else to log in to the Services as you);

Attempts, in any manner, to obtain the password, account, or other security information from any other user;

Violates the security of any computer network, or cracks any passwords or security encryption codes;

Runs Mail list, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that other wise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

Copies or stores any significant portion of the Content;

Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

 

This is what you shouldn’t do when you use our services.

 

What are my rights in MyMedicineBox?

 

You understand that MyMedicineBox is the Domain of the marketplace owned by 3S Healthcare Pvt. Ltd. who owns the Services. The materials displayed or available on or through the Services, including, but not limited to, text, graphics, data, photos, images, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including MyMedicineBox’s) rights.

 

This explains who owns the content posted on MyMedicineBox and what you’re allowed to do with it.

 

Do I have to grant any licenses to MyMedicineBox or to other users?

 

Anything you upload, store, or otherwise provide through the Services and any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services you provide us (in a direct email or otherwise) is your “User Submission.” You grant MyMedicineBox a license to display, perform, distribute, translate, modify, reproduce and otherwise act with respect to or use and exercise all rights in your User Submissions, in each case to enable us to operate the Services, as well as in connection with MyMedicineBox’s business; provided that MyMedicineBox’s use of any User Submission that constitutes Personal Information shall be treated in accordance with our Privacy Policy (MyMedicineBox.in/privacy). Where applicable, you grant other specified users a license to access and view that User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

 

You agree that the licenses you grant are royalty-free, perpetual, sub licensable, irrevocable, and worldwide. This is a license only – your ownership in User Submissions is not affected.

 

Finally, you understand and agree that MyMedicineBox, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

 

This explains what we can do with content you post to MyMedicineBox.

 

Who is responsible for what I see and do on the Services?

 

You may be able to communicate with certain other users through the Services. You are responsible for communications you send and all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. Any information or content transmitted through the Services is the sole responsibility of the person from whom such content originated. You access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

 

The Services may contain links or connections to third party websites or services that are not owned or controlled by MyMedicineBox. When you access third party websites or use third party services, you accept that there are risks in doing so, and that MyMedicineBox is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

 

MyMedicineBox has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, MyMedicineBox will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

 

If there is a dispute between participants on this site, or between users and any third party, you agree that MyMedicineBox is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release MyMedicineBox, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. All disputes are subject to Mumbai jurisdictions.

 

This section gives you important information about interacting with other users and third parties through MyMedicineBox

 

Will MyMedicineBox ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

 

This explains what will happen if we change our services.

 

Does MyMedicineBox cost anything?

 

You must pay for any products or services you order through the Services. Please see Pricing for details on our current pricing and fees. We reserve the right to change our prices and fees. If we do change our prices and fees, we will post new rates to Pricing, effective as of the posting date. Upon delivery of your order, the total price of your order will be charged. We use a third-party payment processor to process payments and such payments are subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.

 

MyMedicineBox may limit or cancel orders, and it reserves the right to refuse any order. In the event MyMedicineBox needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. If you provide inaccurate or incomplete credit card information, we may not be able to complete your transaction, and your purchase may be cancelled or delayed. No refunds will be granted for any amounts you pay to MyMedicineBox.

 

We reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

 

We never charge more than MRP. We offer minimum 10% discount on MRP so you have not to worry about right pricing or overcharged. We do not charge for standard delivery. We do not charge any hidden cost. Companies are changing their MRPs time to time and since we are handling large number of products, sometime it might not be possible to update MRP, so please accept the products.

 

 

This explains how you pay us.

 

What if I want to stop using MyMedicineBox?

 

You’re free to stop using MyMedicineBox any time, by contacting us at care@mymedicinebox.in;

MyMedicineBox is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. MyMedicineBox has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

 

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of MyMedicineBox.

 

If you have deleted your account by mistake, contact us immediately at care@MyMedicineBox.in – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

 

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

MyMedicineBox (and its licensors, partners and suppliers) makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from MyMedicineBox or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). Neither MyMedicineBox nor its licensors, partners or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY MYMEDICINEBOX (AND ITS LICENSORS, PARTNERS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

This section limits the promises we make about the quality and features of our service.

 

Limitation of Liability

 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MYMEDICINEBOX (OR ITS LICENSORS, PARTNERS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, PROPER OR IMPROPER USE OF PRESCRIPTION MEDICATION, INCORRECT PRESCRIPTION MEDICATION OR DOSAGE, DELAYS IN RECEIVING MEDICATION, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF Rs. 1000, OR COST OF PURCHASED MATERIAL ANY MATTER BEYOND OUR REASONABLE CONTROL.

 

We’d like to stay in business. This section limits our liability.

 

Indemnity

 

You agree to indemnify and hold MyMedicineBox, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). You indemnify that you will take all medicines, tests and consultations under supervision of your own Doctor and MyMedicineBox will never be liable for any effect or mistake.

 

This explains how you agree to protect us from harm caused by your conduct.

 

Assignment

 

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without MyMedicineBox’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

 

This explains whether either of us can transfer this agreement to someone else.

 

Choice of Law; Arbitration

 

These Terms are governed by and will be construed under the laws of INDIA, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Mumbai Jurisdiction only, in accordance with the Streamlined Arbitration Rules and Procedures of Indian Arbitration Act then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be appointed as mutually agreed. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction of Mumbai. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND MYMEDICINEBOX ARE EACH WAIVING THE RIGHT TO TRIAL BY COURT.

 

This section explains how we will resolve disputes and what law applies to these terms of use.

 

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that MyMedicineBox may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and MyMedicineBox agree that these Terms are the complete and exclusive statement of the mutual understanding between you and MyMedicineBox, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of MyMedicineBox, and you do not have any authority of any kind to bind MyMedicineBox in any respect whatsoever. Except as expressly set forth in the section above regarding the Application, you and MyMedicineBox agree there are no third party beneficiaries intended under these Terms.

 

This section addresses miscellaneous legal stuff such as, taxes, how these terms should be read and interpreted, and the relationship between us,