This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
www.rxpress.co.in ("Website") is an Internet based portal owned and operated by Rxpress DigiMed Services Pvt Ltd (Rxpress), a company incorporated under the laws of India. Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made by Rxpress at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s).
The services availed by you can be delivered only within Bangalore City, Karnataka, India
The Website is a platform that facilitates the online requisition by the user for purchase of medicines, Pathology lab and wellness / health related homecare service offered by Rxpress's various registered merchants / vendors ("Third Party"). The sale & purchase / transaction between the registered merchants/vendors and You, of Products , facilitated by the requisition placed by You on the Website shall be governed by these Terms.
You as a user agree that Rxpress will not be at any time liable for the quality of the products/services which are availed through this website. You accept that Rxpress is only a facilitator for the products and services and is not responsible for any defect/deficiency in product / services provided by third party.
Shipping and deliver of the products will be done as per the schedule mentioned while booking.
3. Account, Password, and Security of the User
Rxpress shall enable You to make the requisition of Products available to You through the Website, only if You have provided Rxpress certain required User information and created an account ("Account") through Rxpress ID and password or other log-in ID and password, (collectively, the "Account Information") . The transaction and delivery of the Products by the registered merchants/vendors may also be subject to procedures for use of the Website, Terms, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
The Website requires You to register as a User by creating an Account in order to avail of the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Rxpress of any unauthorized use of Your Account or Account Information or any other breach of security, and (b) ensure that You exit / log out from Your Account at the end of each session. Rxpress cannot and will not be liable for any loss or damage arising from Your failure You may be held liable for losses incurred by Rxpress or any other User of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise.
Rxpress will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/account details number for using the Website.
4. Payment Information
Rxpress strives to provide You with the best prices possible on the Products You require from the Website. The pricing details for purchase of Products from the Website are detailed under these Terms.
(a) All commercial terms such as price, delivery, dispatch of Products and/or services are as per principal to principal bipartite contractual obligations between User and the Vendor.
(c) You, as a User, understand that upon initiating a requisition on the Website that You are entering into a legally binding and enforceable contract with the Third Party to purchase the Products and /or services from the Third Party on a cash on delivery basis or such the mode as may be specified by Rxpress.
(d) You, as a User, shall hand over a copy of the prescription, at the time of delivery, for the delivery of Products which as per law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such Products shall be made only if the Third Party or its agent/employee is satisfied that the prescription is in compliance with applicable norms.
(f) You acknowledge that Rxpress is a mere facilitator and does not fall within the purview of the Food Safety and Standards Act, 2006 and the rules framed thereunder.
(g) You acknowledge that Rxpress is a mere facilitator and does not fall within the purview of the Drugs and Cosmetics Act, 1940 and the rules framed thereunder.
The Payment gateway Service is provided in order to facilitate access to avail and pay the services offered online. Rxpress or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
No refund will be given after 15 days from the day the payment is made to the Rxpress. The stated amount due for refund shall be processed within 6 - 8 business working days from the date of the cancellation, subject to all terms and conditions being met successfully.
The above mentioned cancellation process and refund processing time may vary under special circumstances (such as holidays, strikes, bank delays etc) and the organization cannot be held liable for the delay.
5. User Obligations and Conduct
In using this Site, you agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
(b) not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
(c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
(d) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
(e) not to divulge your username and password to others either on or off the Site;
(f) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access;
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations.
These terms may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, please do not use the Site or download content from it.
The Site contains areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortuous, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, including without limitation unauthorized uses of medical devices, or physical harm against anyone. You agree and acknowledge that Rxpress is not the Vendor of the Products/Services and Rxpress shall in no manner be deemed to be the Vendor of the Products/services on this Website. Rxpress is only facilitating purchase of the Products/services by You from the vendors by providing the services to You.
You agree that Rxpress may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website User.
You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
Any software that is available on the Website is the property of Rxpress or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of Rxpress.
Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
6. Disclaimer Of Warranties & Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The website, services and other materials are provided by Rxpress on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, Rxpress makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Rxpress or through or from use of the services shall create any warranty not expressly stated in the terms.
Rxpress shall not be liable for any third party product or services. the advertisement available on e-mail or website with respect to the third party website or the Products are for information purpose only.
You expressly agree that Your use of the Website is at Your risk.
7. Third Party Content
This Website may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither Rxpress nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information.
8. Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Rxpress and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Rxpress or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Rxpress, the relevant vendor or the third party that may own the Marks.
9. Indemnification and Liability
You agree to indemnify, defend and hold harmless Rxpress including but not limited to its affiliates, vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Rxpress that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Rxpress harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.
Rxpress is not responsible for any non-performance or breach of any obligation of the third Party who is delivering services or products to you through this website. Rxpress shall not and is not required to mediate or resolve any dispute or disagreement between you and third party.
10. Violation of the Terms
You agree that Rxpress may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Rxpress determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Rxpress, for which monetary damages would be inadequate, and You consent to Rxpress obtaining any injunctive or equitable relief that Rxpress deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Rxpress may have at law or in equity.
If Rxpress does take any legal action against You as a result of Your violation of these Terms, Rxpress will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Rxpress.
The Terms will continue to apply until terminated by either You or Rxpress as set forth below. If You want to terminate Your agreement with Rxpress, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Rxpress has made this option available to You.
Rxpress may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
· Rxpress is required to do so by law;
· Rxpress has elected to discontinue, with or without reason, access to the Website, the services or any part thereof;
You agree that all terminations shall be made in Rxpress's sole discretion and that Rxpress shall not be liable to You or any third party for any termination of Your Account
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Rxpress chooses to terminate them.
If You or Rxpress terminates Your use of the Website, Rxpress may delete any content or other materials relating to Your use of the Website and Rxpress will have no liability to You or any third party for doing so.
12. Governing Law
These Terms and all transactions entered into on or through the Website and the relationship between You and Rxpress shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website or the relationship between You and Rxpress shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and You hereby accede to and accept the jurisdiction of such courts.
Rxpress views protection of Your privacy as a very important principle. We store and process Your Account Information including any sensitive personal / financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.
b. We will protect personal information by reasonable security safeguards against loss or theft as well as unauthorized access, disclosure, copying, use or modification.
c. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information with third party to send you promotional information about us and third parties.
If you object to Your Information being transferred or used in this way please do not use Website.
Once You provide Your information to us, You provide such information to Rxpress and affiliates of Rxpress and Rxpress and its affiliate may use such information to provide You various services with respect to Your transaction whether such transaction are conducted on www.rxpress.co.in or with third party merchant's or third party merchant's website.
You hereby expressly agree to receive communications by way of SMS, e-mails, phone calls relating to the Products and services offered through the Website from Rxpress or its agents.
A User can unsubscribe / opt-out from receiving communications anytime by following instructions on website.
15. General Provisions
· All notices of Rxpress will be served by email or by general notification on the Website. Any notice provided to Rxpress pursuant to the Terms should be sent to email@example.com
· You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Rxpress's may transfer its rights to any third parties without seeking any consent.
· If, for any reason, any provision of these Terms, or portion thereof, becomes void/ unenforceable by any Indian law, that shall be severed from this, and the remainder of the Terms shall continue in full force and effect.
· Any failure to enforce or exercise any provision of the Terms, or any related right, by Rxpress shall not constitute a waiver by Rxpress of that provision or right.