By using or logging into this internet-based platform, you agree to be bound by the terms outlined above and other terms incorporated by reference. Please read these terms of use carefully. Use of this internet-based platform is not permitted if you do not accept all of these conditions.

• What is HealthNMeds
1. The domain name www.HealthNMeds.com, an internet based portal and HealthNMeds a mobile application, is operated by Saha Medical Hall, firm duly incorporated under the provisions of the Shop and Establishment Act 1970 (hereinafter referred to as “HealthNMeds” or “We” or “Our” or “Us” or “Firm”) having registered office at 33 Central Road, Kamnchowmuhani, Agartala, Tripura- 799001, with GSTIN 16AHPPS5052C1Z9 and PAN AHPPS5052C. The domain name and the mobile application are collectively referred to as the “Website”.
2. The following terms and conditions (hereinafter referred to as the "Terms of Use"), including the relevant policies that are incorporated herein by reference, govern your access to or use of the website, any transactions you make there, and your use of Services (as defined below) hosted or managed remotely through the website. You (also known as "You" or "Your" or the "User") and HealthnMeds are parties to a legally binding agreement when you accept these Terms of Use.
3. You agree to be bound by these Terms of Use by accessing, browsing, or engaging in any other activity on the Website or using any Services. Additionally, by implicitly or explicitly agreeing to these Terms of Use, you also agree to be bound by Our policies, including the Privacy Policy (described in Part B herein below), and any other rules, guidelines, policies, terms, and conditions that are necessary to comply with Indian and other applicable laws any of the Services, and such rules, guidelines, policies, and terms and conditions shall be deemed to be integrated into and considered part and parcel of these Terms of Use. jurisdictions for the purposes of accessing, browsing, or transacting on the Website, or using any of the Services. The alternative terms and conditions of use and privacy policy may apply to you if you leave the Website and visit a third-party website, as may be mentioned on that website. In that case, Your use of the website will be governed by the terms and conditions of use and privacy statement that are applicable to that website.
4. The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by HealthNMeds
5. HealthNMeds maintains the right, at any time and at its sole discretion, to alter or modify these Terms of Use or any other rule or regulation of the Website, including the Privacy Policy. You renounce any right to object to any changes or alterations once they are posted on the website. However, we shall notify You of such changes at least once a year. You might have to obtain explicit notice of such changes or adjustments. You should regularly review these Terms of Use and any other applicable policies to be aware of the rules that govern how You may use the Website as your continuous use of the Website will signify that You accept any changes or amendments.
6. As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
7. These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:

• 1. the Indian Contract Act, 1872 (“Contract Act”);
• 2. the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
• 3. the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
• 4. the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
• 5. The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
• 6. Pharmacy Act, 1948 (“Pharmacy Act”) and
• 7. the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.
8. HealthNMeds authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by HealthNMeds including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“HealthNMeds Content”) (collectively, “Content”). The HealthNMeds Content is the property of HealthNMeds and is protected under copyright, trademark and other applicable law(s). You shall not modify the HealthNMeds Content or reproduce, display, publicly perform, distribute, or otherwise use the HealthNMeds Content in any way for any public or commercial purpose or for personal gains.
9. Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
10. These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
• 2. ELIGIBILITY
• 1. 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 HealthNMeds in this regard. As part of the registration process, HealthNMeds may collect the following
  personal information from You:
• 1. Name;
• 2. User ID;
• 3. Email address;
• 4. Address (including country and ZIP/ postal code);
• 5. Gender;
• 6. Age;
• 7. Phone number;
• 8. Whatsapp number;
• 9. Password chosen by the User;
• 10. Valid financial account information; and
• 11. Other details as You may volunteer.
• 12. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to HealthNMeds that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
• 13. A registered id can only be utilized by the person whose details have been provided and HealthNMeds 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.
• 14. Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
• 15. 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 HealthNMeds 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 HealthNMeds 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.
• 16. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by HealthNMeds 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, HealthNMeds may allow authorized third parties to place or recognize a unique cookie on Your browser. HealthNMeds does not store personally identifiable information in the cookies.
• 17. HealthNMeds , at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while HealthNMeds investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.
• 3. USE OF SERVICES AND THE WEBSITE
• • • 1. E-Commerce Platform for Pharmaceutical Products –
      • 1. Platform to facilitate transaction of business:
        • 1. Through the Website, HealthNMeds 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 HealthNMeds and the Website merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website.
      • 2. Prescription Drugs
        • 1. 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. In order to purchase Prescription Drugs through the Website, You are required to upload a scanned copy of the valid prescription on the Website or email the same to HealthNMeds . The order would not be processed by HealthNMeds until it receives a copy of a valid prescription. HealthNMeds will verify the prescription forwarded by You observe any discrepancy in the prescription uploaded by You, HealthNMeds 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.
        • 2. HealthNMeds shall maintain a record of all the prescriptions uploaded by the Users.
      • 3. Substitution of Prescribed Drugs
        • 1. 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.
        • 2. You further acknowledge and accept that, in the absence of the above, HealthNMeds would not dispense a substitute drug in place of the Prescription Drug.
      • 4. Transfer of Property and Completion of Sale
        • 1. Upon acceptance of the Offer by HealthNMeds (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 HealthNMeds, wherever required under the applicable law(s).
        • 2. 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 HealthNMeds. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned HealthNMeds itself.
        • 3. The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned HealthNMeds which is to process and satisfy the order for such Pharmaceutical Drugs and Services.
      • 5. Delivery of Drugs
        • 1. You agree to appoint an individual who shall act in the capacity of Your agent and collect the medicines as requested by You from HealthNMeds on Your behalf ("User Agent"). You accept and acknowledge that the User Agent shall be responsible to collect the medicines ordered by You from the HealthNMeds and to carry it to the address notified by You.
        • 2. You further agree and acknowledge that the User Agent acts as Your agent for collecting the medicines from the HealthNMeds. The services are being undertaken by User Agent with Your consent and therefore the Company is merely facilitating for You and Users Agent to connect.
  • 2. Advertising Guidelines for the Website –
    • 1. As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).
    • 1. For the Users: HealthNMeds clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. The advertisements will be labeled as "sponsored", "from our Advertisers" or "advertisement". This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our editorial policy (as set out herein below) but shall be subject to the Advertising Policy, these Terms of Use (except the editorial policy) and the Privacy Policy.
    • 2. For the Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
    • 3. General Rules: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use (except the editorial policy) and the Privacy Policy. HealthNMeds may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. HealthNMeds may also alter or remove any content from the Website without prior notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.
    • 4. Review: All the advertisements are subject to the review and approval of HealthNMeds . HealthNMeds reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, HealthNMeds also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
    • 5. Prohibited Content: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:
      • 1. content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
      • 2. content depicting nudity, sexual behaviour, or obscene gestures;
      • 3. content depicting drug use;
      • 4. content depicting excessive violence, including the harming of animals;
      • 5. shocking, sensational, or disrespectful content;
      • 6. deceptive, false or misleading content, including deceptive claims, offers, or business practices;
      • 7. content that directs users to phishing links, malware, or similarly harmful codes or sites; and
      • 8. content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information; and
      • 9. content that violates any law for the time being in force.
    • 6. Prohibited Advertisements: Advertisements for the following products and services are prohibited:
      • 1. adult products and services (other than contraceptives; see below);
      • 2. cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
      • 3. products or services that bypass copyright protection, such as software or cable signal descramblers;
      • 4. products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
      • 5. get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
      • 6. illegal or recreational drugs or drug paraphernalia;
      • 7. counterfeit, fake or bootleg products, or replicas or imitations of designer products;
      • 8. firearms, weapons, ammunition, or accessories;
      • 9. advertisements that promote particular securities or that provide or allege to provide insider tips;
      • 10. any illegal conduct, product, or enterprise;
      • 11. unapproved pharmaceuticals and supplements;
      • 12. prescription drugs;
      • 13. products that have been subject to any government or regulatory action or warning;
      • 14. products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and
      • 15. material that directly advertises products to or is intended to attract children under the age of 13.
    • 7. Prohibited Advertisements under the Drugs and Magic Act:
      • 1. subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggest or are calculated to lead to the use of that drug for –
        • 1. the procurement of miscarriage in women or prevention of conception in women; or
        • 2. the maintenance or improvement of the capacity of human beings for sexual pleasure; or
        • 3. the correction of menstrual disorder in women; or
        • 4. the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or
        • 5. prohibition of misleading advertisements relating to drugs;
        • 6. subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:
          • 1. directly or indirectly gives a false impression regarding the true character of the drug; or
          • 2. makes a false claim for the drug; or
          • 3. is otherwise false or misleading in any material particular.
      • 2. It is hereby clarified that that the Third Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.
    • 8. Restricted Advertisements: Advertisements in the following categories are restricted and require approval on a case-by-case basis:
      • 1. advertisements that promote or reference alcohol;
      • 2. advertisements for online dating services;
      • 3. advertisements for gambling and games of skill;
      • 4. advertisements for lotteries;
      • 5. advertisements for financial services;
      • 6. advertisements for contraceptives;
      • 7. advertisements for online pharmacies or pharmaceuticals;
      • 8. political advertisements.
    • 9. Testimonials & Endorsements:
      • 1. any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid;
      • 2. HealthNMeds recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and
      • 3. a click on an advertisement may only link the User to the website of the Third Party Advertiser(s).
  • 3. Editorial Policy for the Website –
    • 1. As part of the Services, HealthNMeds provides HealthNMeds 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. HealthNMeds Content is subject to the following rules/ information:
      • 1. HealthNMeds Content is original and is relevant to the general public;
      • 2. topics for HealthNMeds Content are selected by Our board of qualified experts consisting of certified medical experts, pharmacist and medical professionals;
      • 3. HealthNMeds maintains principles of fairness, accuracy, objectivity, and responsible, independent reporting;
      • 4. the member of HealthNMeds has to fully disclose any potential conflict of interest with any of the Third Party Service Providers;
• OTHER TERMS
• Your Profile, Collection, Use, Storage and Transfer of Personal Information:
• Your HealthNMeds profile is created to store record of Your Consultations and Your personal health information online, including history, health conditions, allergies and medications.
• Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your HealthNMeds record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. HealthNMeds reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for HealthNMeds ’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.
• For additional information regarding use of information about You, please refer to the Privacy Policy.
• The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.
• The Privacy Policy sets out:
• • 1. the type of information collected from Users, including sensitive personal data or information;
  • 2. the purpose, means and modes of usage of such information; and
  • 3. how and to whom HealthNMeds will disclose such information.
• The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
  • 1. the fact that the information is being collected;
  • 2. the purpose for which the information is being collected;
  • 3. the intended recipients of the information;
  • 4. the name and address of the agency that is collecting the information and the agency that will retain the information; and
  • 5. the various rights available to such Users in respect of such information.
• HealthNMeds shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to HealthNMeds or any other person acting on behalf of HealthNMeds.
• The use of the Website involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by HealthNMeds from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
• The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify HealthNMeds of any actual or suspected unauthorized use of the Users’ account or password.
• If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or HealthNMeds has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HealthNMeds shall have the right to suspend or terminate such account at its sole discretion.
• HealthNMeds may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer. The SPI Rules only permit HealthNMeds to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by HealthNMeds as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between HealthNMeds or any person on its behalf and the user or where the User has consented to data transfer.
• By accepting these Terms of Use and by registering on the Website, You consent to be contacted by Us and/or by our third party service providers.You further consent to receive Calls, emails and messages (SMS) notifications and information from Us and from Third Party Service Providers including for promotions, discount and/or other service delivery related issues.
• Payment, Fees and Taxes:
• Registration on the Website and the access to the information provided on the Website is free. HealthNMeds does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the HealthNMeds for purchase of Pharmaceutical Goods and Services from such Third Party Pharmacies and to the Company in case of purchase of Pharmaceutical Goods and Services directly from the Company. HealthNMeds may choose to either personally collect such payment from You or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that You shall not hold HealthNMeds responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of delivery or collection Agents or for any actions/ omissions which are beyond the control of HealthNMeds.
• Each User are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. HealthNMeds is in no way responsible for any of the taxes except for its own income tax.
• The subscription fees for the Services, if any charged by HealthNMeds , could be paid online through the facility made on the Website.
• HealthNMeds reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
• In order to process the payments, HealthNMeds might requires details of User’s bank account, credit card number etc. Please check Our Privacy Policy on how HealthNMeds uses the confidential information provided by Users.
• Available payment methods: Cash on delivery and UPI payments.
• Applicable payment charges: No charges levied.
• Return, Refund, Cancellation and Shipping charges:
• We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.
• Covenants: (Covenanters for the purposes of these Terms of Use shall include the Users)
• Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -
• belongs to another person and to which the such Covenanter does not have any right;
• is grossly harmful, insulting or harassing on the basis of gender, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• impersonates another person;
• is harmful to child;
• deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information that is patently false or misleading in nature but may reasonably be perceived as a fact;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• is prohibited under applicable law(s) for the time being in force including Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time and rules made there under;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
• You are also prohibited from:
• • violating or attempting to violate the integrity or security of the Website or any HealthNMeds Content;
  • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by HealthNMeds;
  • intentionally submitting on the Website any incomplete, false or inaccurate information;
  • making any unsolicited communications to other Covenanters; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
  • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
  • copying or duplicating in any manner any of the HealthNMeds Content or other information available from the Website; and
  • framing or hotlinking or deeplinking any HealthNMeds Content.
• HealthNMeds , upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in this Clause 4, shall be entitled to disable such information that is in contravention of this Clause 4 or any provisions of these Terms of Use. HealthNMeds shall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes. In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, HealthNMeds has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.
• Liability
• HealthNMeds shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by HealthNMeds , where Other Parties have consented to the making of such disclosures by HealthNMeds . If the Other Parties had revoked such consent under the terms of the Privacy Policy, then HealthNMeds shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by HealthNMeds prior to its actual receipt of such revocation.
• The Other Parties shall not hold HealthNMeds responsible or liable in any way for any disclosures by HealthNMeds under Regulation 6 of the SPI Rules.
• The Services provided by HealthNMeds or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). HealthNMeds does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services.
• The Website may be linked to the website of third parties, affiliates and business partners. HealthNMeds has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that HealthNMeds endorses the linked website. Other Parties may use the links and these services at their own risk.
• HealthNMeds shall not be responsible for the mishaps/missed services due to no service.
• HealthNMeds assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
• To the maximum extent permitted by applicable law(s), HealthNMeds , its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
• In no event shall the Protected Entities be liable for, or in connection with, (i) any comments or feedback given by any of the Users in relation to the goods or services; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User.
• HealthNMeds disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the Pharmaceutical Goods and Services will be of the concerned Third Party Labs or the Third Party Pharmacies as the case may be.
• The Users may share their previous medical history during interaction with the Medical Experts. The Users undertake to share such information at their own risk. HealthNMeds reserves the right to retain such information for the purpose of providing Services to the Users.
• With respect to the Consultation Services, after selection of the type of treatment viz. Allopathy or Ayurveda along with the specification of the disease by the patient, HealthNMeds will decide the Medical Expert to whom the query should be directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no event shall the Protected Entities be liable for any Consultation provided and/or e-prescription issued by the Medical Expert by using the interface of online medical consultancy.
• The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
• Indemnity
• The Covenanters agree to defend, indemnify and hold harmless HealthNMeds , the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.
• Modification of Website
HealthNMeds reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that HealthNMeds will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.
• Intellectual property rights
As for those that have been designated as belonging to Other Parties, all intellectual property used on the website shall remain the sole property of the Company. The Other Parties undertake not to disable, circumvent, or otherwise tamper with the Website's security features, those that prevent or restrict the use or copying of any materials, or features that enforce usage restrictions on the Website or its contents. The information on the website or elsewhere may not be altered, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any way, whether or not by mechanical, electronic, photocopying, recording, or other methods.
• Compliance of Applicable Law
• While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957, Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc (“Captioned Laws”). as well as all other laws for the time being in force, and ensure due payment of applicable taxes. They must specifically ensure that they are in no way purchasing Pharmaceutical Good and Services or Prescription Drugs without a valid prescription, which are prohibited under the Drugs Act (read with the Drugs Rules) as well as the other applicable laws for the time being in force.
• The Users must also ensure that the prescription uploaded on the Website or emailed to HealthNMeds for processing the order for Prescription Drugs is a valid prescription duly obtained from a registered medical practitioner. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Third Party Service Providers or to HealthNMeds , as a result of any dispensation of Prescription Drugs by the Third Party Service Providers owing to the non-compliance by the User in this regard.
• Termination (Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and HealthNMeds )
• The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:
• In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by:
• 1. not accessing the Website; or
• 2. closing their accounts for all of the Services that they use.
• HealthNMeds reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or as a whole, if there is:
• • 1. breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions,; or
  • 2. HealthNMeds is unable to verify or authenticate any information provided to HealthNMeds by Other Party(s); or
  • 3. HealthNMeds believes, in its sole discretion, that Other Party(s) actions may cause legal liability for HealthNMeds (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
  • 4. HealthNMeds is required to do so by law; or
  • 5. The provision of the Services to the Other Party(s), or to the general public, is in HealthNMeds ’s opinion, no longer commercially viable; or
  • 6. HealthNMeds has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).
• HealthNMeds may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
• Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
• Upon termination of these Terms of Use, HealthNMeds shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).
• HealthNMeds reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Other Party(s) content from the Website with or without ability to access the Website and the other Services, upon any breach by the Other Party(s) of these Terms of Use or if HealthNMeds is unable to verify or authenticate any information the Other Party(s) submits to HealthNMeds , or if the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for HealthNMeds to provide the Services to the Other Party(s).
• The right to terminate/ suspend the account is in addition to, and without prejudice to, HealthNMeds ’s right to initiate action against the Other Party(s), in accordance with applicable law.
• Force Majeure
Other Parties accept and acknowledge that HealthNMeds shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of HealthNMeds or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond HealthNMeds ’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, HealthNMeds , depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.Further, delivery time periods specified on Website shall always be nonbinding under all circumstances as delivery is dependent on multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond Company’s control.
• Governing Law and Dispute Resolution
These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Agartala. All disputes will be subject to arbitration at Agartala in English by a sole arbitrator appointed by HealthNMeds under the Arbitration and Conciliation Act, 1996.
• Survival
Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
• Severability
If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
• Waiver
No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by HealthNMeds . Any consent by HealthNMeds to, or a waiver by HealthNMeds of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
• Headings
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.
• Contact Information
If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at info@healthnmeds.com. If any Other Party(s) has any questions concerning HealthNMeds , the Website, these Terms of Use, or anything related to any of the foregoing, HealthNMeds can be reached at the following email address - info@healthnmeds.com or via the contact information available from the following : Contact us. Please also refer to our grievance redressal policy.