Term Conditions Page

Terms & Conditions :

 We, at Medico Express ("Medico Express", "we," "us") offer services to anyone who visits or uses our physical locations or the Medico Express platform ("Medico Express Platform") for any reason ("you", "yours," or "User"). These services are provided subject to the notices, terms, and conditions outlined in this agreement ("Terms and Conditions," "Agreement"), which should be read in conjunction with the Privacy Policy, which is available here. The company Medico Express, which was legally incorporated in accordance with the 2013 Companies Act, is the owner and operator of the Medico Express Platform. You signify your agreement to all of the terms and conditions in this Agreement by accessing or browsing the Medico Express Platform and using the Services (as defined below).You can stop using or accessing the Medico Express Platform if you don't agree with any part of the Terms and Conditions.

 1. ELIGIBILITY

 The following primary eligibility requirements must be met in order for you to use the Medico Express Platform:

 A. You are over the age of 18 or under the supervision of a parent or guardian when using the Medico Express Platform. In either case, that person will be considered the recipient or end-user of the Services (as defined in these Terms and Conditions) for the purposes of these Terms and Conditions.

 B. If they are registered users and you are under the age of 18, your parents or legal guardians may transact on your behalf. You are not allowed to purchase any items that are intended for adult consumption only and whose sale or purchase is restricted to/by minors.

 C. Additionally, you are qualified to receive the Services legally and in all other respects. (as defined in these Terms and Conditions). Users of the Medico Express Platform are not permitted if they are "incompetent to contract" as defined by the Indian Contract Act, 1872, including un-discharged insolvents and other individuals.

 D. You have never previously been barred from using the Services by Medico Express or another member of the Medico Express group for any reason.

 E. If Medico Express determines that you are under the age of 18, Medico Express reserves the right to terminate your membership, if any, and/or refuse to grant you access to the Medico Express Platform.

 F. These terms and conditions have been published in accordance with and are subject to the laws of India, as they may be amended from time to time. These laws include, but are not limited to:

  i. The Indian Contract Act, 1872;

ii. The "(Indian) Information Technology Act, 2000" and the "(Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011" and "(Indian) Information Technology (Intermediaries Guidelines) Rules, 2011" that are framed thereunder;

iii.  The Drugs and Cosmetic Act, 1940, read with the Drugs and Cosmetics Rules, 1945;

iv.  The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954;

v.   The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;

vi. Pharmacy Act, 1948; and

vii.  The Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.

 2. OUR SERVICES

 Through the Medico Express Platform, we provide you with the following services ("Services"):

 A. Medicines, including over-the-counter medications, other pharmaceutical products, and some quickly moving consumer goods, such as cosmetics, food products, private label products, and medical devices, are displayed, advertised, sold, and delivered. (the "Products");

 B. Any other service that may occasionally be made available on the Platform. Medico Express alone, and no other entity, conducts the sale and purchase of Products on the Medico Express Platform. By making a purchase on the Medico Express Platform for any Products [or Services], you agree to be bound by these Terms and Conditions and acknowledge that only Medico Express is the target of your right to enforce any and all contractual or legal remedies. You further agree and acknowledge that the Products being purchased by you are being sold and fulfilled only by Medico Express.

3.  YOUR USE OF THE Medico Express PLATFORM

 3.1. You hereby expressly accept that the Terms and Conditions shall apply to your use of the Medico Express Platform. Do not use the Medico Express Platform if you disagree with any of the Terms and Conditions. Any use of the Medico Express Platform, including browsing it or otherwise, constitutes your acceptance of these Terms and Conditions as well as any additional rules or policies that may have been in effect when you first accessed or used the Medico Express Platform and may have since been updated.

 3.2. According to the Information Technology Act of 2000 and any applicable rules made thereunder, as well as the amended provisions relating to electronic records in various statutes as amended by the Information Technology Act of 2000, this Terms and Conditions document is an electronic record. There are neither physical nor digital signatures necessary for this electronic record because it is produced by a computer system.

 As an end-user and recipient of Services, when you use the Medico Express Platform, you agree to the following conditions of use:

 3.3.1.      Due diligence conditions:

 A. You are solely responsible for the personal, medical, and health information you provide on the Medico Express Platform, and we urge you to exercise caution when doing so;

 B. On the Medico Express Platform, which is the foundation upon which you will receive the Services, you will always provide true and comprehensive information;

C. Whether or not such access to and use of this Medico Express Platform is actually authorised by you, you will be solely responsible for all communications and transmissions made and costs incurred during such access or use by anyone using the password and identification that was initially assigned to you. The confidentiality and security of the password and identification given to you are solely your responsibility;

D. According to our Privacy Policy, we may use the information you provide for services such as analysis, research, training, and disclosure (as necessary) to our affiliates, group companies, vendors, agents, and government agencies; and

E. If we feel that you have broken the law or these terms and conditions, we reserve the right to refuse service or terminate accounts at our discretion.

 3.3.2.      Scope of Services:

 A. Medico Express sells goods to end users in a variety of categories, including over-the-counter medications, baby food, personal care items, medical devices, vitamins, and supplements. No drugs listed in Schedule X of the 1940 Drugs and Cosmetics Act are sold by Medico Express on the Medico Express Platform; and

B. Through its outlets and physical stores, as well as through its Medico Express Platform, Medico Express engages in retail sales to end customers. Based on the pin code you enter on the Medico Express Platform, the Medico Express Platform will display the inventory of goods available in Medico Express stores.

3.3.3.      Prohibitions:

A. You may view and access the content on the Medico Express Platform only in accordance with these Terms and Conditions and for the sole purpose of using the Services. Without Medico Express's express written consent, you are not allowed to copy, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Medico Express Platform or any part of it;

B. Without Medico Express's prior written consent, you are not permitted to assign, transfer, or subcontract any of your rights or obligations under these Terms or any related order for Products to any third party;

C. None of the data offered on the Medico Express Platform may be used for commercial purposes;

D. You are not permitted to pose as another person or organization, or to falsely represent your identity, age, or affiliation with another person or organization;

E. You are not permitted to upload any material that is against the law and/or is listed as "Prohibited Content" in Section 5 below.

F. Any products you buy from Medico Express stores or the Medico Express Platform may not be sold again.

3.3.4 Delivery and Charges Policy

a. Medico Express makes an effort to complete deliveries during and within the window of time specified on our Medico Express Platform and in other forms of communication. Despite our best efforts, the delivery time may vary from order to order as a result of a number of factors, including but not limited to operational disruptions caused by a shortage of products and manpower, strikes, lockouts, official control measures, inevitable delays by our suppliers, rider unavailability, public holidays, product unavailability/shortage, date of delivery, below and/or any other unforeseen reasons beyond our control;

b. Delivery within the two-hour window is not guaranteed by Medico Express and is dependent on the numerous factors listed above, which are detailed in the following Terms and Conditions, which should be carefully read;

c. Medico Express will make an effort to deliver the order to the delivery address that was given to us when the order was placed on our platform. However, any delay in delivery brought on by inaccurate information you provided to us on the Medico Express Platform shall not be our fault, and any resulting losses or damages shall be your sole responsibility and shall not in any way be attributable to us;

d. Medico Express will not be responsible for delivering your order if no one is present to receive it at the delivery address, despite your request that it be left at your doorstep or somewhere else, as this could result in theft, tampering, spoilage, contamination, etc. In the example case, Medico Express is not responsible for non-delivery or any losses or damages resulting from it; all losses or damages resulting from such circumstances are your responsibility alone;

e. In order to accept delivery of your order, you agree to provide precise instructions, information, and authorizations. If the order isn't delivered as a result of your failure to do so

f. Our rider may contact you via mobile or internet call to determine the precise location of delivery as part of Medico Express' best effort to deliver all orders within the specified delivery window. The promised delivery timeline, however, shall no longer be applicable if you do not answer the call or the call on the provided number is not connected at the initial attempt, for any reason, despite the fact that the promised time is only an approximation of the delivery time;

g. After placing an order on the Medico Express Platform, the delivery fees related to each of your purchases will be shown on the checkout page.

h. Cash on Delivery ("COD") is a form of payment in which you can pay in cash for the item(s) you've ordered when Medico Express delivers them to the delivery address;

i. The Medico Express COD option gives you the flexibility to pay the entire order amount on delivery through a point-of-service terminal or through cash, as the case may be, if you do not have a credit card or debit card or do not wish to make an advance online payment;

j. If you choose to pay for your order using COD, the riders have the right to refuse delivery of your order if you don't pay in full when the package is delivered. In that case, you alone would be responsible for any losses or damage resulting from the order's non-delivery, and Medico Express would not be responsible;

k. You will be updated on the anticipated delivery time as soon as the order is confirmed, when the items are shipped;

l. Medico Express does its best to ship every item you order within the estimated delivery window that was communicated to you at the time you placed the order. To ship an order, however, may occasionally take longer if we need to get it from another store or one of our suppliers. In the unlikely event that Medico Express is unable to ship your order in its entirety within 36 hours of your order, we will cancel the portion of the order that has not yet been shipped and will notify you via email. In these circumstances, your payment for the unshipped portion of the order will be refunded in the same manner that you made the payment in accordance with the Medico Express terms and conditions.

m. In accordance with the Medico Express Payments, Returns, and Refunds Policy, which is available on our Medico Express Platform, all applicable refunds will be handled;

n. Delivery time frames listed on our platform will never be legally binding under any circumstances because delivery is a combination of many variables that could change at any time for unforeseeable reasons outside of our control;

o. In order to use its best efforts to fulfil the order efficiently and by the deadline, Medico Express engages both internal and external parties to carry out deliveries in accordance with stringent Standard Operating Procedures. Please note that third-party services will be governed by their own terms of service and other policies that are applicable to the corresponding third party, and we have no control over or connection to it in any way. We also make no claims or recommendations regarding the accuracy, relevance, copyright compliance, legality, completeness, timeliness, or quality of any products, services, advertisements, or other content that may appear in or be linked to the third-party services;

p. Medico Express does not ship medications across state lines. Medication delivery between states is handled by outside delivery partners. For some intercity and local deliveries, Medico Express may also use outside delivery partners. The external delivery partner is solely responsible for any delays, losses, harm, theft, or damage resulting from the shipment of products. No responsibility of any kind is assumed by Medico Express for the conduct of the outside delivery partner.

3.3.5.      International Delivery:

International delivery is not available currently. You can access the website to order items while being located anywhere in the world, but the shipping address has to be in Tamilnadu, India.

3.3.6. Additional Details

a. Unless the product has already been shipped, Medico Express reserves the right to refuse or cancel any orders placed for that product at our sole discretion; and

b. In the event that Medico Express is not delivered in the first instance due to your error, you will reimburse them for any additional costs associated with redelivery. (i.e. wrong name or address or any other wrong information).

3.3.7.      Medicine Delivery Policy:

a.    Valid prescription from a doctor is mandatory for all medicine orders, apart from when the law permits dispatch of medicine without a prescription. You may be requested to upload a scanned copy of the prescription on the Medico Express Platform;

b.   You agree that the prescription uploaded by you will be examined by a registered pharmacist where applicable or necessary under law, and your order shall be considered confirmed only after the prescription is accepted by the Pharmacist;

c.   You agree and consent to the particulars of your prescription will be recorded by Medico Express in accordance with its obligations under applicable laws;

d.      You may be required to display the prescription, whether offline or online, for the purpose of record keeping by Medico Express, at the time of picking up medicines or accepting delivery of medicines through an online order; and

e.       Medico Express will have a right to reject (either fully or partially) your Order, in case it is found that the prescription shared by you is not as per the relevant applicable statutory requirements and same shall be informed to you through various communication channels.

4. CONTENT THAT IS PROHIBITED

a. The following content is prohibited from being uploaded to, distributed through, or otherwise published through the Medico Express Platform: any data, information, or other materials that:

b. Belongs to someone else and over which you have no legal authority;

c. is harmful, harassing, defamatory, obscene, pornographic, pedophilic, invading another's bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in effect;

d. is hateful, racially or ethnically objectionable, disparaging of any person;

e. relates to or seems to encourage money laundering or gambling,

f. harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights;

g. violates any law in India for the time being in force;

h. deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

i. communicates any information which is grossly offensive or menacing in nature;

j. impersonates another person;

k. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order;

l. 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;

m. incites any offence or prevents investigation of any offence or insults any other nation;

n. is inappropriate or abusive to any employees, consultants, or technicians of AHEL or any other Medico Express group company or affiliate with whom you may come into contact in order to receive services, or to the HSP conducting your medical consultation;

o. has nothing to do with the medical consultation you received from us or any of the services you used.

You recognize and agree that if you do not abide by the aforementioned, we have the right to delete the information in question and/or immediately terminate your use of the Services and/or the Medico Express Platform.

5. INDEMNIFICATION

By using the Medico Express Platform and/or the Service, you agree to hold Medico Express, its affiliates, and any other Medico Express group companies, and their directors, officers, employees, affiliates, agents, contractors, and licensors harmless from any and all claims, losses, costs, charges, and expenses, including reasonable legal fees, that the aforementioned indemnified parties may incur.

b.      your use of the Medico Express Platform and/or the Service;

c.       incorrect or inaccurate credit / debit card details provided by you;

d.      you using a credit / debit card which is not lawfully owned by you;

e.       you permitting a third party to use your password or other means to access your account;

f.        your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the Medico Express Platform and/or the Service;

g.      you providing a false, forged, unauthorized or manipulated prescription; and

h.      any action taken by Medico Express as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred.

6. LIMITATION OF LIABILITY

Utilizing our services signifies your understanding and acceptance of the following:

To the fullest extent permitted by law, neither Medico Express nor any of its affiliates or group companies will have any liability to you for any indirect, incidental, consequential, punitive, special, or exemplary damages resulting from or connected with:

 (i) the Privacy Statement and these Terms and Conditions;

 (ii) your utilization or non-utilization of the Medico Express Platform; and

 (iii) the way you used any services from third parties with whom you made contact via the Medico Express Platform.

 a. Medico Express makes no guarantees regarding the continuity or error-free operation of the Medico Express Platform or any of the Services or Products made available through it. Materials or services made available through the Medico Express Platform may be subject to delays, omissions, interruptions, and/or errors.

 b. Medico Express does not represent or warrant that the Medico Express Platform, the Service, Products, or materials that may be made available through the Medico Express Platform are free from such destructive features, despite taking reasonable precautions to prevent the introduction of viruses, worms, or other malicious code to the Medico Express Platform.

 c. To the fullest extent allowed by law, Medico Express will not be liable to you or any third party for any direct, incidental, indirect, special, or consequential losses, damages (including, but not limited to, lost profits, revenue, contracts, anticipated savings, goodwill, wasted expenditure, business interruption, loss of programs or other data on your information system, or any other indirect or consequential loss), even if Medico Express has been advised of the possibility of such damages.

(i) how you use or rely on the Medico Express Platform, any data, links, or other content found there, or any Services offered on or otherwise made available to you through the Medico Express Platform;

(ii)              your provision of information, personal or otherwise, to Medico Express;

(iii)            the provision of Services by Medico Express;

(iv)             acts or negligence on the part of Medico Express, its agents or employees; and

(v)               Errors, delays or deficiencies in services or theft or damage of Products, attributable to third parties who assist Medico Express such as delivery partners.

e. To the fullest extent permitted by law, Medico Express expressly disclaims and excludes any and all express, implied, and statutory warranties and representations with regard to the Medico Express platform or services, or with regard to the accuracy, currency, or completeness of the information provided by Medico Express, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark, or other intellectual property. The Medico Express platform is provided "as-is" with no assurance that it will function uninterrupted or without errors. This includes, but is not limited to, all content, information, and links therein. Expressly acknowledging your sole risk, you use this Medico Express platform at your own risk.

f. Contrary to what is stated herein, Medico Express's total liability for any loss or damage you may incur on any account whatsoever arising from your use of the Medico Express Platform will be limited to an amount equal to the price you paid or are responsible for paying for the Product(s) or Services in respect of a single incident or series of incidents with the same root cause.

g. Medico Express reserves the right, in its sole discretion, to refuse Service, end accounts, remove or edit content, or cancel orders at any time.

h. You may not bring any claims or actions relating to your use of the Medico Express Platform or these terms and conditions more than one (1) year after the cause of action giving rise to such claims or actions first accrued.

i. We chose the products with the understanding that they would only be used for personal use. It is advised to make sure you have a suitable insurance plan in place if you intend to use them for business purposes. To the fullest extent permitted by law, we disclaim any and all warranties and conditions relating to the Products' suitability for a particular purpose if you choose to use them for commercial purposes.

This section shall survive the termination of this Agreement and the termination of your use of our Services or the Medico Express Platform.

 7. DATA & INFORMATION POLICY

 We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy

 8. INTELLECTUAL PROPERTY AND OWNERSHIP

 You acknowledge and agree that we own all copyrights, registered trademarks, and other intellectual property rights to all materials and contents provided as part of the Medico Express Platform, or that those who own them have granted us a licence to use them. You may only use this content and/or material in ways that have been specifically approved by us, our licensors, or both. Without Medico Express's prior written consent, none of these may be used. Unless otherwise stated, all product names, trade names, service names, taglines, or logotype that stand out from surrounding text in terms of form, text, or other characteristics (such as using all capital letters) are trademarks that Medico Express owns or has the right to use.

 9. CANCELLATION

 a. In the event that we determine that your actions violate any applicable acts, laws, rules, or regulations or these Terms and Conditions, we reserve the right to immediately refuse your request to use the Services; and

 b. We reserve the right to terminate any contract at any time and/or provide Services in accordance with new Terms and Conditions if there is a change in the law.

 10.  CONTACT US

 If you have any comments, query or grievances regarding the Services, Terms and Conditions and Privacy Policy, you may contact 93844 22231, our Grievance Officer at medicoexpress2023@gmail.com or 93844 22231. Please note that upon lodging of a complaint, a ticket number shall be given to you by which you may track the status of your complaint.