Terms and Conditions
THIS DOCUMENTS IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONICS RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT,2000. THIS ELECTRONICS RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
- About Retailpharma
- Retailpharma has its skilled expertise and knowledge in the field of providing an E - commerce platform services to enable retailing of various products and services to consumers in India across several categories under its owned URL named retailpharmaindia.com
- The domain name retailpharmaindia.com, an internet based portal, is owned and operated by Retail Technologies Inc, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Retailpharma” or “We” or “Our” or “Us” or “Company”).
- The Website is a platform that facilitates
- (i) online purchase of pharmaceutical products sold by various third parties such as pharmacies, wholesalers and manufactures (“Third Party Pharmacies”);
- (ii) diagnostic services being offered by various third party diagnostic centers (“Third Party Labs”); and
- (iii) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”)
- (iv) online purchase of consumer products sold by various third parties such as retailers, individuals (“Third party sellers”).
- The Third Party Pharmacies, Third Party Labs and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website (The services of Third Party Services Provider and the information services is collectively referred to as the “Services”).
- Creating an Account
- Personally Identifiable Informationis that identifies a specific End User. Such unique identification and the subsequent submission of data are directly associated with your various activities at Retailpharmaindia.com such as creation of account, placing an order, sharing your feedback.
- To use certain features of the Website for the purposes of availing the Services with the Third Party Service Providers through the Website (e.g., ordering Products, posting rating/reviews, receivingRetailpharma newsletters), you must set up an account with Retailpharmaindia.com and As part of the registration process, Retailpharma may collect the following personal information from You:
- Email address;
- Address withZIPcode
- Phone number;
- Password chosen by the User;
- Valid financial account information; and
- Other details as you may volunteer.
- Your Retailpharma, Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Account.
- It is your responsibility to keep your email address up-to-date on your account setup at Retailpharmaindia.com so that we can communicate with you electronically.
- A registered User can only be utilized site whose details have been provided and Retailpharma does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
- You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify Retailpharma if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
- Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
- The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Retailpharma for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Retailpharma may allow authorized third parties to place or recognize a unique cookie on the Your browser. Retailpharma does not store personally identifiable information in the cookies.
All your transactions are 100% secure when you place an order online at Retailpharmaindia.com Your personal information is encrypted by using 256-bit Secure Sockets Layer (SSL) encryption technology before being sent over the Internet, which ensures the privacy and high level of security of all your information.
4.Risks of using Retailpharma’s Services
- While the Website is an honest attempt to provide access to the best possible medical information to the Users, the Healthcare Experts will not be examining you physically. The Healthcare Experts may not have access to all or some of your medical history that might be critical to consult you. The Healthcare Experts will not have the benefit of information that would be obtained by examining you in person, observing your physical condition and by going through your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, the Healthcare Experts may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk of this limitation, Retailpharma strongly encourages you to be in touch with an on-ground physician and share the Retailpharma’s opinion with him/her.
- Use of Services and the Website:
- E-Commerce market place for Pharmaceutical Products –
- Platform to facilitate transaction of business:
- Through the Website, Retailpharma facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Third Party Pharmacies (“Pharmaceutical Goods and Services”). You understand and agree that Retailpharma and the Website merely provide hosting services to you and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party Pharmacies, are third party user generated contents and third party products. Retailpharma has no control over such third party user generated contents and/ Pharmaceutical Goods and Services and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third Party Pharmacies through the Website shall be the sole responsibility of the Third Party Pharmacies. You understand and agree that Retailpharma shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
- The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies, and after sales services related to such Pharmaceutical Goods and Services. Retailpharma does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between you and the Third Party Pharmacies.
- You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the Third Party Pharmacies and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.
- Non-Performance of Contact
You accept and acknowledge the following:
- Retailpharma is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Pharmacies for purchase and sale of goods or services offered by such Third Party Pharmacies on the Website;
- Retailpharma cannot and does not guarantee that the concerned Third Party Pharmacies will perform any transaction concluded on the Website;
- The Third Party Pharmacy(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, Retailpharma is not responsible if the Third Party Pharmacy(s) does not satisfy the contract for sale of Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You.
- Retailpharma shall not and is not required to mediate or resolve any dispute or disagreement between you and Third Party Pharmacies. In particular, Retailpharma does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.
- Exhibition of drugs and publication of Third Party Pharmacies content on the Website
- You agree and acknowledge that the respective Third Party Pharmacies are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.
- You acknowledge and agree that such Third Party Pharmacies shall be solely responsible for ensuring that such Third Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that Retailpharmaprovides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and you must run your own independent check. You agree and acknowledge that Retailpharma has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third Party Pharmacies on the Website. Further, it is hereby clarified that the Third Party Pharmacies are offering the Pharmaceutical Goods and Services for sale to you and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold Retailpharma responsible or liable for any damages arising out of such reliance on third party user generated content by You.
- Prescription Drugs
- The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies. In order to purchase Prescription Drugs from Third Party Pharmacies through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email the same to Retailpharma. The order would not be processed and forwarded to the concerned Third Party Pharmacy(s) by Retailpharma until it receives a copy of a valid prescription. Third Party Pharmacies will verify the prescription forwarded by you and in case of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by you, the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
- Retailpharma shall maintain a record of all the prescriptions uploaded by the Users.
- Retailpharmaindia.com, a fully licensed and regulated pharmacy, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
- Retailpharmaindia.com will not dispense any prescription medication without a valid prescription from a licensed physician.
- If you are ordering prescription medication(s), you hereby confirm that you will send us a scanned copy of your valid prescription(s) via email, fax, Whatsapp, or by post, and this prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacists.
- The drug information provided in the Retailpharmaindia.com is for informative purposes only and this Website is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website.
- Retailpharmaindia.com requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from Retailpharmaindia.com.
- At Retailpharmaindia.com, a Caregiver can order prescription medicines on your behalf.
- Substitution of Prescribed Drugs
- You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name.
- You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
- Invitation to offer for sale
- Transfer of Property and Completion of Sale
- Upon acceptance of the Offer by the concerned Third Party Pharmacy (being the brick and mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third Party Pharmacy, wherever required under the applicable law(s).
- You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned Third Party Pharmacy itself.
- The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned Third Party Pharmacy (being the brick and mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
- Delivery of Drugs
- The Pharmaceutical Drugs and Services shall be delivered by the Third Party Pharmacy or independent contractors. You accept and acknowledges that the Third Party Pharmacy or such other transporter/ courier/ delivery personnel, engaged by the Third Party Pharmacy or Retailpharma, shall be independent contractors in-charge of the delivery of the Pharmaceutical Drugs and Services from the concerned Third Party Pharmacy to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.
- You further accept and acknowledge that Retailpharma does not engage in the distribution of the Pharmaceutical Drugs and Services, and may provide the services of a third party transporter/ courier delivery personnel for the purposes of delivery of Pharmaceutical Drugs and Services from the concerned Third Party Pharmacy to the address notified by You.
6) Use of Information on the Website :
1 The information provided on the Website or through our services is intended for informational purposes only, and is not intended to diagnose, treat, cure or prevent any disease.
2 The information on this Website is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of your physician or other qualified healthcare professional with any questions you may have about your medical condition.
3 Retailpharmaindia.com does not endorse any views or opinions that may be included in the Website Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and Retailpharmaindia.com
7) Website Availability
We take all reasonable care to ensure the availability of the Retailpharmaindia.com Website 24 hours every day, 365 days per year. However, the Website may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. Retailpharmaindia.com does not warrant uninterrupted access to this Website or any linked website. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website.
Editorial Policy for the Website –
As part of the Services, Retailpharma provides Retailpharma Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. Retailpharma Content is subject to the following rules/ information:
- Retailpharma Content is original and is relevant to the general public;
- Topics for Retailpharma Content are selected by Our board of qualified experts consisting of certified medical experts, pharmacist and medical professionals;
- Topics for Retailpharma Content are chosen on the basis of current health news, drug alerts, new drug launches, latest medical findings published in peer-reviewed medical journals.
- Editorial board (as mentioned below) takes into account the latest trending health and wellness topics like dengue, swine flu, seasonal allergies, new vaccines, public awareness trends like breast cancer awareness month,ayurveda, homeopathy and much more;
- The member of Retailpharma has to fully disclose any potential conflict of interest with any of the Third Party Service Providers;
Diagnostics Services –
- Terms for use of the Diagnostic Services:
- The Third Party Labs may not access the Services if the Third Party Labs are Retailpharma’s direct competitor, except with Retailpharma’s prior written consent. In addition, the Third Party Labs may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
- Retailpharma will provide to the Third Party Labs basic support for the Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond Retailpharma’s reasonable control, including without limitation Force Majeure Events (as defined herein below). Retailpharma will provide the Services only in accordance with applicable law(s) and government regulations.
- The Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Third Party Labs are permitted to make against Retailpharma’s application programming interface, and, other limitations dependent on the Third Party Labs plan, for example, number of SMS, or number of Users. Any such limitations are specified in the Third Party Labs’ plans. The Services provide real-time information to enable Third Party Labs to monitor such Third Party Labs’ compliance with such limitations.
- Notwithstanding anything to the contrary contained herein, Third Party Labs alone shall be liable for Third Party Labs’ dealings and interaction with the Users who avail the services of the Third Party Labs or diagnostic centres contacted or managed through the Website and Retailpharma shall have no liability or responsibility in this regard. Retailpharma does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third Party Labs or any diagnostic centre or any third party through the Website. The Services should not be used for emergency appointment purposes.
- Terms for use of the Diagnostic Services: