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Terms and Conditions
- What is Medinilla
- The domain name medinilla.medisoftpro.com, an internet based portal and Medinilla a mobile application, is operated by Tata Medinilla Healthcare Private Limited((formerly known as Medinilla Healthcare Private Limited), a company duly incorporated under the provisions of the Companies Act, 2024 (hereinafter referred to as “Medinilla” or “We” or “Our” or “Us” or “Company”) having registered office at Sr. No 93 Shantai Corner , Opp SB Patil School Mhaske,Maske Vasti Rd,Ravet, Pune,Maharashtra 412101. The domain name and the mobile application are collectively referred to as the “Website”.
- Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and medinilla on the other Part.
- By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
- The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies (“Third Party Pharmacies”) and by the Company; (ii) diagnostic services being offered by various third party diagnostic centers (“Third Party Labs”); (iii) online medical consultancy services/ second opinion being offered by third party independent doctors (“Medical Experts”); and (iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Pharmacies, Third Party Labs, Medical Experts 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 (“Information Services”) to the Users accessing the Website (The services of the Third Party Services Providers, sale of pharmaceutical products by the Company and the Information Services are collectively referred to as the “Services”).
- You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilize to meet and interact with another for their transactions. Medinilla is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers.
- ELIGIBILITY
For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by Medinilla in this regard. As part of the registration process,Medinilla may collect the following personal information from You:- Name;
- Phone number;
- Email address;
- Address (including country and pin code);
- Other details as You may volunteer.
- 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 medinilla if You discover or otherwise suspect any security breaches relating to the Website; (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access; (vii) Any communication from TATA 1mg shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate and (viii) You shall be solely responsible to update your registered mobile number and/or email address on the Website in the event there is a change.
- The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by TATA 1mg 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, Medinilla may allow authorized third parties to place or recognize a unique cookie on Your browser. Medibilla does not store personally identifiable information in the cookies.
- USE OF SERVICES AND THE WEBSITE
E-Commerce Platform for Pharmaceutical Products –- Platform to facilitate transaction of business:
- Through the Website, TATA 1mg 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 TATA 1mg 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. TATA 1mg 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 TATA 1mg shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.
- You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services which 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, which are offered for sale on the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the Third Party Pharmacies and You.
- Representation as to legal title:
- TATA 1mg does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on the Website.
- At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with TATA 1mg nor shall TATA 1mg have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third Party Pharmacies, who are advertising or offering them for sale on the Website and are the ultimate sellers.
- You agree and acknowledge that the Third Party Pharmacies shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Pharmacies do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third Party Pharmacies, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.
- Non-Performance of Contract:
- TATA 1mg 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;
- TATA 1mg 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, TATA 1mg 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;
- Platform to facilitate transaction of business:
