Terms and Conditions
The domain name www.wellcaremeds.com (hereinafter referred to as ‘Website’) and the Mobile App WellCareMeds (hereinafter referred to as ‘App’) bearing the registered address 14, Vallalar St, Sri Nagar, Thirumullaivoyal, Chennai, Tamil Nadu 600062 (hereinafter referred to as ‘Company’).
For the purpose of these Terms of Service, wherever the context so requires the term ‘You’/‘User’ shall mean any natural or legal person who has downloaded and installed this Mobile Application (hereinafter referred to as ‘App’) and provided Registration Data while registering on the App or by simply visiting the Website by entering the domain name in any internet browser. Any services provided by the Website/App which do not require registration do not absolve you of the contractual relationship established by this Agreement. Wherever the context requires, the term ‘Doctor/registered medical practitioners’ shall mean any
person permitted to practice medicine by the MCI (Medical Council of India) or any regional council for registration of Doctor/registered medical practitioners duly authorized by the government who will be verified and authenticated by us.
By downloading and installing this App, you are bound by these Terms of Service and any other binding document as decided by the Company. You are requested to read them carefully before accepting the same and moving forward to using the App/Website. By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.wellcaremeds.com, you are deemed to have agreed to all the following Terms & Conditions of Sale/Service. So, before you use this Website/App, please read these Terms carefully as you agree to be bound by them. If you do not accept these Terms & Conditions, please do not use this App/Website.
1.CREATING AN ACCOUNT:
1.2 You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.
1.3 Your WellCareMeds Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your WellCareMeds Account.
1.4 www.wellcaremeds.com will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your WellCareMeds Account, you shall immediately notify www.wellcaremeds.com.
1.5 It is your responsibility to keep your email address up-to-date on your account setup at www.wellcaremeds.com/app so that we can communicate with you electronically.
1.6 By creating this account you agree to receive transactional and/or promotional communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.
2.2 We understand the privacy of all information you provide is of primary importance. This is why we do everything possible to use it carefully and sensibly. This information is never shared with other companies or third party service providers.
emails/SMSs from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop the contact with us for the same, you may send us a mail to the effect at email@example.com.
You may also be contacted by Service Providers with whom we have entered into a contract in urtherance of our rights, duties and obligations under other agreements, contracts and policies followed by us. Such contact will be made only in pursuance of the respective contracts,agreements and/or policies.
All your transactions are secure when you place an order online at firstname.lastname@example.org. Your personal information is encrypted by using encryption technology before being sent over the Internet, which ensures the privacy and high level of security of all your information.
5. CUSTOMER MEMBERSHIP/USAGE/ELIGIBILITY
The membership/usage of the Website/App is restricted to those above 18 years of age, or to such group that can be termed to have attained 'majority' under the laws of the respective jurisdictions where this Website/App can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions. Further, you are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the Company has reasonable reasons to believe you have done so, we hold the rights to suspend your account and/or terminate this Agreement without any notice and without being held liable for the same. You understand the App downloaded/or the website you use on your phone or tablet is owned by us and we may automatically upgrade the App/website and these Terms shall apply to the upgrades as well. We reserve the right to terminate this agreement without any notice and
suspend the account without assigning any reason.
6. PRICE AND PAYMENT
The installation and use of this Website/App is free of cost and this includes only the usage of certain services of the Website/App. You hereby understand that this no charge policy may be amended at any time at the discretion of the Company. However, in the event, you use the App/Website to choose a Doctor/registered medical practitioner and book an appointment or opt for Home Lab Test, you shall be required to pay for the consultation. In case of video or phone consult, you shall be required to pay for the consultation prior and in the case of clinic consult, the patient shall pay the Doctor/registered medical practitioners after the consult. For the purpose of this section, Buyer would include any user choosing to use the services offered on our App/Website. Seller means Us/Website/App/Company.
While availing any of the payment methods available on the App/Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
i. Lack of authorization for any transaction(s), or
ii. Exceeding the preset limit mutually agreed by you and between ‘Bank(s)’, or
iii. Any payment issues arising out of the transaction, or
iv. Decline of transaction for any other reason(s).
All payments made against the services on the App by you, shall be compulsorily in Indian Rupees. The Website/App will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website/App.
6.1 All our product prices include all applicable statutory taxes.
6.2 We make every effort to make sure that the pricing and availability of Products on our Website/App is accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale.
6.3 We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
6.4 Following are email@example.com delivery charges, based on the order value.
Order Value Delivery Charge
Up to Rs. 100 Rs. ??
Rs. 101 – Rs. 999.99 Rs. ??
Over Rs. 1000 FREE Shipping
Note: Delivery charges quoted above are applicable on ALL Orders at firstname.lastname@example.org.
6.5 Delivery times may vary depending on the delivery location as well as the type of product you order.
6.6 You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or Cash on Delivery.
6.7 Credit/Debit Card and Net Banking Payments are processed via our online payment service partners.
7. USE OF INFORMATION ON THE WEBSITE/APP
7.1 The information on this Website/App is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of a qualified healthcare professional with any questions you may have about your medical condition.
7.2 email@example.com does not endorse any views or opinions that may be included in the Website/App Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and firstname.lastname@example.org.
8. THIRD PARTY INFORMATION
The content on the Website/App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’). The Website/App may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as we are merely an intermediary for the purposes of those content. In
the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and we shall not be liable. You may send as an email at email@example.com to report any such content. Other than that when expressly allowed, any use of our Content and it being reproduced,republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior
written consent is not allowed.
9. USER CONTENT
the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this Website/App, or stored on our servers, or hosted or published upon this Website/App.
Those posting any form of User content on the Website/App must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website/App, we have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the user posting such content, if we feel that there is a need to check such accuracy. We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, we can in no way be held liable for any false or misleading information.
In case any content is considered to be unlawful or against the law within any jurisdiction in which our Website/App can be seen and accessed, it shall be removed forthwith by us on being intimidated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
10. USER OBLIGATIONS
You are a restricted user of this Website/App.
10.1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and
information within the content of the Website/App is not permitted. You shall not, nor allow third parties on your behalf to (i) make and distribute copies of the Website/App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website/App; or (iii) create derivative works of the Website/App of any kind whatsoever.
10.2. You agree not to access (or attempt to access) the App and/or the materials or Services by any means other than through the interface that is provided by the Website/App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/App. You acknowledge and agree that by accessing or using the Website/App or Services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/App. Further, you may report such offensive content by sending us an e-mail to our official e-mail address.
10.3. This Website/App by nature allows you to upload information; you undertake to ensure that such material is in accordance with applicable laws. Further, you undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website/App or the Services (or the servers and networks which are connected to the Website/App);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another's computer;
g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website/App, or any other customer of the Website/App, including any account not owned by you, to its source, or exploit the Website/App or Service or information made available or offered by or through the Website/App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Website/App; i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
k) Use the Website/App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or other third parties;
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside India;
n) Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website/App contained herein or elsewhere;
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
r) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
s) Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers; While we shall not be held liable or answerable to Users for any such acts on your part, violation of this clause would lead to potential criminal legal action against you, either by other Users of the Website/App or by us.
We can (and You hereby expressly authorize Us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials
on the Website/App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the material posted on the Website/App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right,
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU
POST ON THE WEBSITE/APP. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the App. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
11.1 All information, Products and services included on or otherwise made available to you through this Website/App are provided by www.wellcaremeds.com on an "as is" and "as available" basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website/App is at your sole risk.
11.2 www.wellcaremeds.com assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.
11.3 www.wellcaremeds.com has exerted reasonable efforts to ensure that all information published on the Website/App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/App at our sole discretion.
11.4 www.wellcaremeds.com cannot guarantee the adequacy, currency or completeness of the Website/App content. WellCareMeds.com does not warrant or endorse the effectiveness, quality or safety of the Products available on its Website/App.
11.5 We disclaim responsibility for any harm to persons resulting from any instructions or Products referred to in the Website/App. Wellcaremeds.com is not associated with any manufacturer of medicines or other products on the Website/App. We do not warrant that the Website/App, or its content will meet your requirements.
11.6 Please note that while WellCareMeds has made every effort to accurately display the colours of products on its Website/App, the actual colour you see will depend on your monitor. We cannot guarantee that your monitor's display of any colour will be the same as the colour of the Products delivered to you.
11.8 WellCareMeds accepts no responsibility for any loss or damage suffered due to your reliance on the product reviews posted by the other WellCareMeds’ Users.
11.9 WellCareMeds.com reserves the right to modify or withdraw any part of the website/App or any of its content at any time without notice.
12. APP/WEBSITE AVAILABILITY
We take all reasonable care to ensure the availability of the WellCareMeds Website/App 24 hours every day, 365 days per year. However, the Website/App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. WellCareMeds does not warrant uninterrupted access to this Website/App or any linked website/App. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website/App.
13. LINKS TO THIRD-PARTY WEBSITES
We provide links to third-party websites, our online payment service partners, which process your Net Banking and Credit/Debit Card payments, respectively. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such Website links.
14. TERMS OF SALE
14.1 WellCareMeds.com may accept or decline any order placed by a Customer in its absolute discretion without liability to you.
14.2 WellCareMeds.com reserves the right to discontinue any program/offer on its Website/App.
14.3 We reserve the right, without prior notice, to limit the order quantity of any Products available on WellCareMeds.com
14.4 We acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health information and consent to its use by WellCareMeds and/or its affiliates. You confirm that you have had a physical examination by a physician and do not require a physical examination.
14.5 You understand that all Products shall be sold & dispensed by a registered Pharmacist at WellCareMeds and/or its affiliates.
14.6 If you are the patient/parent/authorised person on beha f of the patient, you authorise and appoint the WellCareMeds and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent the Pharmacy; and (b) packaging your prescriptions and delivering them to you. By making
this purchase you hereby authorise WellCareMeds and/or its affiliates to ship the order by Post/ courier to your designated location. This authorisation shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfillment of your order. "YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES."
14.7 "If you are the parent/legal guardian/authorised person for the patient disclosed herein, you affirm that you are over the age of majority, and have full authority to sign for and provide the above representations to the WellCareMeds and/or its affiliates on the Patient's behalf."
15. PRESCRIPTION MEDICATION POLICY
15.1 WellCareMeds, a fully licensed and regulated pharmacy, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
15.2 WellCareMeds.com will not dispense any prescription medication without a valid prescription from a licensed physician.
15.3 If you are ordering prescription medication(s), you hereby confirm that you will send us a scanned copy of your valid prescription(s) via email, fax, Whatsapp, or by post, and this prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacists.
15.4 If our pharmacists have any questions or concerns about the prescription(s) you hereby authorize them to consult with an external network of doctors about the validity of the prescription.
15.5 The drug information provided in the WellCareMeds is for informative purposes only and this Website/App is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website/App.
15.6 WellCareMeds requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from WellCareMeds.com.
15.7 At WellCareMeds.com, a Caregiver can order prescription medicines on your behalf.