Terms & Conditions

(applicable from 09/09/2019)

 

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

 

About us
Truemeds.in website and the mobile application is owned and provided by Intellihealth Solutions Private Limited (hereinafter “Truemeds”), a company incorporated under the Companies Act, 2013. 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 at support@truemeds.in or calling on +91 22 48977965.

 

Professional Standards
Truemeds services are rendered either from its own licensed premises or from the licensed premises of its associates/network pharmacies which are undertaken under the strict supervision of the qualified and registered pharmacists. All pharmacists are bound by codes of professional ethics and conduct. 

 

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.

 

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 and conditions 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 

 

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. You are responsible for keeping your username and password confidential and for ensuring that they are not used by any other person.

 

Offers, promotions, software, and downloads.
Truemeds and other third parties with whom we have a business relationship may occasionally promote their goods or services on the website or mobile application or through other direct marketing initiatives or may make software and other materials available for you to purchase or download. Whilst we try to encourage third parties to offer good quality products, and services and materials at competitive prices we have no control over them or other third parties, we do not endorse the products or services they offer or give you any assurance that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same. All promotions are for a limited period and subject to special terms and conditions, which are in addition and not to the terms and conditions stated herein.

 

Ownership of materials and license terms.
This website or mobile application, the materials and software on it, or provided to you through it are protected by copyright, trademark and other intellectual property rights and laws throughout the world and are owned by or are licensed to Truemeds and/or third parties. You are permitted to display the materials on this mobile application on a computer screen/mobile screen and, save for restricted access documents, to download and print a hard copy for your personal use or for obtaining products or services from us provided you do not alter or remove any of the content or any part of the website/mobile application without our express permission to do so and that you do not change or delete any copyright, trademark or other proprietary notices. 

 

You agree not to: 

  • copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivative works from all or any part of this website/mobile application or the materials or software on it, or provided to you through it without our prior written consent (which may be given or withheld in our absolute discretion)

  • use this website/mobile application or any of the materials or software on it, or provided to you through it, for:

    • any unlawful purpose or in contravention of applicable law

    • commercial exploitation without our prior written consent

    • any purpose or in any manner that may give a false or misleading impression of us, our staff or our services

  • use, upload or transmit

    • any material that is defamatory, offensive, obscene or otherwise unlawful, or which may cause offence or distress, or which may affect or infringe the rights of any other person

    • any device, software, file or mechanism which may interfere with the proper operation of this website or our systems

  • establish a link to this mobile application from any other website, intranet or extranet site without our prior written consent

  • decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through this website/mobile application

  • do anything that may interfere with or disrupt this website/mobile application or our service

  • encourage or permit others to do any of the above

In the event that you do not comply with the above restrictions, any person affected by your actions may bring a claim against you and/or Truemeds. We will pursue a claim against you for any losses and costs (including legal costs) we may suffer as a result of your actions.

 

Suitability of materials.
We do not give any assurance that the materials provided or available to you on or through this website/mobile application are suitable for your requirements or that they will be secure, error or virus free and we will have no liability in respect of those materials.

 

Mobile application availability.
This mobile application is provided free of charge and we make no guarantee that it will be uninterrupted or error-free. We reserve the right to modify, suspend or withdraw the whole or any part of the website/mobile application or any of its content at any time without notice and without incurring any liability.

 

Links from this website/mobile application.
We may, from time to time, provide links from this mobile application to other websites that are owned and controlled by third parties. These links are provided only for your convenience and we have no control over and will have no liability in respect of those websites.

 

Surveys, Contests & Referrals
From time-to-time, our site requests information from users via surveys or contests. Participation in these surveys, contests or referrals programs is completely voluntary and the user therefore, you have a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site. The terms and conditions for each survey and contest may differ or otherwise amended and cancelled at the sole discretion of Truemeds.

 

Monitoring.
We may monitor activity and content on this website/mobile application and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.

 

Security.
We employ security technology as detailed in our privacy policy however, Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information you send to us from this website may be intercepted and potentially read by others. We will have no liability in respect of any transmissions you send to us and you do so entirely at your own risk.

 

Accuracy of Information
We take care to ensure that all information available on our website/mobile application about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Medical, commercial and legal practice change frequently and the content on this website/mobile application, in any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific medical, legal or other professional advice and should not be read or used as such. For accurate up-to-date information, you should contact us and/or your doctor directly.

 

Disclaimer
TRUEMEDS DOES NOT WARRANT OR REPRESENT THAT THE MATERIAL ON THIS WEBSITE/MOBILE APPLICATION IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL BE FREE OF DEFECTS OR VIRUSES. NOTHING CONTAINED IN THE PAGES OF THIS WEBSITE/MOBILE APPLICATION SHOULD BE CONSTRUED AS MEDICAL, COMMERCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE INFORMATION OR MATERIAL CONTAINED IN THIS WEBSITE/MOBILE APPLICATION OR ANY COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION.

 

Liability

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) WHERE:

  • THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US;

  • THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR

  • ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.THE MAXIMUM LIABILITY OF TRUEMEDS SHALL BE LIMITED TO THE COST OF THE PRODUCTS PURCHASED OR SERVICES AVAILED BY THE CUSTOMER, TRUEMEDS OR IT’S DIRECTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES CAUSED TO THE USER

 

Third-party rights.
Nothing in these Terms and Conditions is intended to nor shall it confer a benefit on any third party under the Contracts and a person who is not a party to these Terms and Conditions has no rights to enforce them.

 

Waiver.
No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.

WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. THE NEW VERSION WILL BE POSTED ON THIS WEBSITE/MOBILE APPLICATION AND WILL TAKE EFFECT IMMEDIATELY UPON POSTING

IF YOU USE THE WEBSITE/MOBILE APPLICATION AFTER THE NEW TERMS AND CONDITIONS HAVE COME INTO EFFECT, YOU WILL BE INDICATING YOUR AGREEMENT TO BE BOUND BY THE NEW TERMS AND CONDITIONS

 

PRESCRIPTION ORDER

THE FOLLOWING TERMS APPLY TO YOUR USE OF THE TRUEMEDS PRESCRIPTION ORDERING SERVICE. THESE ARE ADDITIONAL TO AND SUPPLEMENT OUR GENERAL WEBSITE/MOBILE APPLICATION TERMS AND CONDITIONS WHICH ALSO APPLY.

IF YOU HAVE ANY QUESTIONS CONCERNING THE SERVICE, PLEASE CONTACT US.

 

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.

 

Age Restrictions:

We only accept Prescription Orders from customers who are 18 years old or over although they may order prescriptions for persons who are under 18. By placing an order, you confirm that you are at least 18 and legally eligible to contract.

 

Residency:

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

 

Binding agreement:

No Order placed by you will be binding on us until we have confirmed the order to you by phone, email or in writing. We reserve the right to reject any order. All orders are delivered subject to receipt of valid prescription and availability.

 

Verification of prescription:

When we receive an original prescription from you, 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 in 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.

 

Non-Receipt of Prescription:

If you place a Prescription Order and we do not receive the relevant original prescription, we will not have any liability to you and it will be your responsibility to contact us within 7 days regarding your prescription order.

 

Validation Of Prescription:

Validation of prescription services through our partner Registered Medical Practitioner shall be made available to the User only upon request of the User and in the following situations:

  1. The existing prescription has expired, and the User is unable to get an appointment with his Registered Medical Practitioner; or

  2. The prescription is not legible, and the prescribing Registered Medical Practitioner is unavailable to validate the prescription; or

  3. The prescription is not as per the standards defined by the Medical Council of India, including, missing Doctor details, patient details etc; or

  4. If the prescription contains schedule X drugs / unusual quantities.

The User understands and agrees that the validation of prescription services provided herein are only on request and are intended for general purposes only and should not be used in case of medical emergencies and serious illness issue where physical consultation is recommended and at no point these services are intended to replace the physical consultation. The User also agrees and understands that for providing the validation of prescription service Truemeds will have to share the prescription with its partner Registered Medical Practitioner and by requesting the services the User confirms its consent to share his/her prescription with Truemeds's partner Registered Medical Practitioner. Upon the request of the User, the prescription of the User shall be shared with Truemeds's partner Registered Medical Practitioner and post-consultation or review of the prescription, if the Registered Medical Practitioner deems fit, he/she may validate the prescription shared with him/her of the User. However, at all time the Registered Medical Practitioner has the discretion to refuse consultation or validation of the prescription if the Registered Medical Practitioner is of the opinion that a physical consultation is required before a prescription is validated.

User agrees that the Registered Medical Practitioner will use the technology of Truemeds for rendering the above services and they share the information with Truemeds of its affiliated partners for rendering the services.

 

Disclaimer:

The User understands and agrees Truemeds is providing a technology service as an intermediary and that all the services are provided to the User directly by the Registered Medical Practitioner with regard to any health issues, consultation, validation, unsatisfactory services, etc. availed by the User under the above-mentioned clause services are between the User and the Registered Medical Practitioner and that at no point in time Truemeds shall be held responsible for the same. Further, notwithstanding anything contained herein, Truemeds shall not be liable for:

  • any medical negligence, prescription of any wrong medication or treatment on part of the Registered Medical Practitioner;

  • any type of inconvenience suffered by the User due to a failure on the part of the Registered Medical Practitioner in providing the agreed services or to make himself/herself available at the appointed time, inappropriate treatment, or similar difficulties;

  • any misconduct or inappropriate behaviour by the Registered Medical Practitioner;

  • cancellation or rescheduling of booked appointment;

  • any medical eventualities that might occur subsequent to using the services of the Registered Medical Practitioner.

 

Subscription:

Under the subscription model, User can subscribe for his/her/its medicine requirement by choosing a subscription plan that best suit the User's needs and the User can customise the same according to the User's 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.

 

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.

 

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.

 

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 in your registration to inform you about the same.

 

Delivery of prescription drugs:

Prescription items can only be dispensed once we have received your original paper prescription or online prescription from Truemeds registered doctor. 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 authorise any person at your chosen delivery address to sign for the items as your authorised 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.

 

No Warranties:

Truemeds makes no warranty that: (i) the application will meet your requirements; (ii) the application will be available on an uninterrupted, timely, secure, or error-free basis; (iii) any results that may be obtained from the use of the application or any services offered through the Website will be accurate or reliable (iv) Truemeds disclaims all warranties as to the accuracy, completeness or adequacy of such information.

Truemeds 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.

 

Order, Acceptance & Delivery:

Placement of an order either directly (in case of a repeat order or continuous drug administration as prescribed) shall constitute an agreement with us. 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 registered medical practitioner 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 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 family doctor, who has placed the order on your behalf after your authorization. All 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 authorised person. On delivery, 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 or wallet which may have been used by you at the time of making the payment.

 

Notification of errors:

You should check the items dispensed to you carefully promptly upon receipt. If you believe there may have been a dispensing error, you should contact us immediately and should not take or use any of the items.

 

Delivery of fulfilled prescriptions:

Prescription medicines will require a doorstep signature. Prescription items can only be dispensed once we have received your original paper prescription or online prescription from Truemeds registered doctor. 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.

 

Delivery and Packaging Costs:

  • All orders with an order value of INR 250 or above will be delivered free of cost and no delivery charges shall be applicable on such orders provided that the delivery is within Truemeds serviceable areas.

  • All orders with an order value less than INR 250 will attract delivery charges of INR 29.

  • Any delivery charges paid by the customer for any modified/cancelled/un-delivery order shall be eligible for a full refund of the delivery changes provided the customer has made advance payment for the said order.

  • Delivery charges shall be refunded in full if any other that we delivered and becomes eligible for a refund, subject to terms and conditions.

  • Any delivery charges paid by the customer shall not be eligible for a refund of the order is modified or replaced by the customer due to change in prescription or otherwise. 

 

Cancellation, Return and Refund:

 

We understand that there will be genuine reasons when you decide to cancel or return an order.

  • You may cancel your order before it is sent out for delivery by raising a ticket through the help section of the app and our customer service agent will call you to understand the reason for cancellation.

  • During order delivery, Truemeds’ requests every customer to verify the contents and raise a ticket on the Android / iOS app for any issue within 24 hours of delivery.

  • Post 24 hours of delivery, the order in full or part cannot be returned.

  • If a refund is initiated within 24 hours of delivery, your amount will be refunded in the form of Truemeds Cash.

  • The only time a refund will be processed in INR will be in case the ordered items are not available for sale with Truemeds but the payment is made (this is a rare scenario). All refunds, in this case, will be made to your original mode of payment. Timeline for refunds can be up to 21 days from the time the refund request is accepted.

  • INR refunds can only be done for full orders. In case there are part items qualifying for returns and refunds, it is always processed for the full order and invoice. We will not process partial delivery.

  • No returns are accepted for the orders. In case the product is damaged / different / expired, please raise a ticket on the Android / iOS app and our customer service representative will call you to process a replacement that will be sent to your address.

 

Acceptance of the Goods:

We request you to verify the complete details and the documents provided to you at delivery before acceptance of the Goods. Any complaints with regard to shortage of Goods, defects or otherwise will not be entertained by Truemeds once the same are accepted at the time of delivery. 

 

WARNING:

YOU MUST CHECK ALL ITEMS DISPENSED TO YOU AND SHOULD NOT TAKE ANY MEDICATION THAT APPEARS TO HAVE BEEN TAMPERED WITH OR WHICH MAY HAVE BEEN DISPENSED IN ERROR. FAILURE TO ABIDE BY THIS WARNING COULD SERIOUSLY DAMAGE YOUR HEALTH AND TRUEMEDS SHALL NOT BE HELD LIABLE.

 

Information Technology Act:

Certain laws in India prohibit and impose restrictions on use of the Website and you are advised to make familiar with those laws and not to post any information or messages that are, or that may be construed as being malicious, defamatory, inappropriate, slanderous, pornographic or otherwise sexually-oriented or that makes attacks on or otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in the removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.

 

Other Laws:

Certain laws require to maintain data with respect to the services, Goods and other personal information in a prescribed format and Truemeds will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.

 

Force Majeure:

Truemeds shall not be liable and to the extent, that the performance or delay in performance of any of its obligations are prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control and without the fault or negligence of such Party, including but not limited to change in legislation, fire, flood, explosion, epidemic, accident, act of God, war, riot, strike, lockout, traffic or other concerted act of workmen and/or act of Government. Truemeds may at its sole discretion withdraw the services or Goods if a Force Majeure event occurs.

 

Governing Law and Jurisdiction:

The Terms of Use are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Mumbai, India.

 

Acceptance of Terms and Conditions:

By Clicking on the "I have read and accept the terms and conditions" box at the bottom of the Registration Form, you indicate your acceptance of the above Terms and Conditions and you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or you wish to terminate your registration as an Affiliate, you may not access or use the information and notify your intention to block your registration.

 

Communication with the user:

Truemeds will be using 3rd party software to make calls, send SMS, emails & notifications to its users. By continuing your usage of the website and/or mobile app, the customer indicates their acceptance of the same. 

 

Refer and Earn:

The referred friend should be a new customer and not an existing or returning customer of Truemeds. The referred friend must place a valid order above Rs.500 for the User to get referral bonus in their Truemeds cash account. Referral reward shall be credited to the User's account after successful delivery of the referred friend's order. The referred friend's order should not be cancelled or returned. Notwithstanding anything contained herein, these terms are in addition to and not in derogation to any other terms as stipulated by Truemeds from time to time. Truemeds reserves the right in its sole discretion at any time, without any prior notice to suspend/cancel this program or amend these terms.

 

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

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