Personal Information

“MediMart” is a trademark of Medintu Health Solutions Private Limited, a company incorporated with its registered office at Medintu Health Solutions Private Limited, 3rd Floor, Bansal Pride Building, Ayyappa Society, Madhapur, Hyderabad, Telangana. The domain name www.medintu.com/medimart is owned by the Company.

It is strongly recommended that you read and understand these Terms of Use carefully, as by accessing this (hereinafter the “Marketplace”), you agree to be bound by the same and agree that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). If you do not agree with this User Agreement, you should not use or access the Marketplace for any purpose whatsoever.

This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Marketplace, each time you access and/or use the Marketplace.

The terms ‘visitor’, ‘user’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Marketplace at any point in time.

Should you have any clarifications regarding the Terms of Use, please do not hesitate to contact us at mart@medintu.com.

Services Overview

The Marketplace is a platform for domestic consumers to transact with third party sellers, who are granted access to the Marketplace to display and offer products for sale through the Marketplace. For abundant clarity, the Company does not provide any services to users other than providing the Marketplace as a platform to transact at their own cost and risk, and other services as may be specifically be notified in writing.

The Company is not and cannot be a party to any transaction between you and the third party sellers, or have any control, involvement or influence over the products purchased by you from such third party sellers or the prices of such products charged by such third party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on the Marketplace.

Services on the Marketplace are available to only select geographies in India, and are subject to restrictions based on business hours of third party sellers.
Transactions through the Marketplace may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charge at the stage of check-out for a transaction through the Marketplace.

Eligibility

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Marketplace.

However, if you are a minor, i.e. under the age of 18 years, you may use the Marketplace under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited (even under provision) from purchasing any material which is for adult consumption, the sale of which to minors is prohibited.

The marketplace is intended to be a platform for end-consumers desirous of purchasing products for self-consumption for domestic use. If you are a retailer, institution, wholesaler or any other business user you are not eligible to use the Marketplace to purchase products from our partner merchants.

The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit access to the Marketplace, if: (i) it is discovered or brought to notice that you do not conform to the aforesaid criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or the user, or (iii) may breach the terms of this User Agreement.

In order to determine compliance with eligibility criteria, the Company inter alia uses algorithm and/or pre-determined criteria based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.

 
License & Access

The Company grants you a limited sub-license to access and make personal use of the Marketplace, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Marketplace or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Marketplace or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Marketplace or any portion of the Marketplace may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Marketplace or of the Company and/or its affiliates without the express written consent of the Company. You may not use any Meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company.  You shall not attempt to gain unauthorized access to any portion or feature of the Marketplace, or any other systems or networks connected to the Marketplace or to any server, computer, network, or to any of the services offered on or through the Marketplace, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information
1.    belongs to another person and to which you do not have any right;
2.    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 whatever;
3.    harms minors in any way;
4.    infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
5.    violates any law for the time being in force;
6.    deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
7.    impersonates another person;
8.    contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9.    threatens 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;
10.    Is misleading or known to be false in anyway.
Any unauthorized use shall automatically terminate the permission or license granted by the Company.

Account & Registration Obligations

All users have to register and login for placing orders on the Marketplace. You must keep your account and registration details current and correct for communications related to your purchases from the Marketplace. By agreeing to the Terms of Use, the user agrees to receive promotional communication and newsletters from the Company and its partners. The user can opt out from such communication and/or newsletters either by unsubscribing on the Marketplace itself, or by contacting the customer services team and placing a request for unsubscribing.

It is hereby specifically stated that any new login with a number using a mobile device, which device has been used by another number, will not be able to use first user promo codes for 60 days.

As part of the registration process on the Marketplace, the Company may collect the following personally identifiable information about you: Name – including first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the Marketplace you visit/access, the links you click on the Marketplace, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Company, which is incorporated in these Terms of Use by reference.

 

Pricing 

We aim to ensure that prices of all products are correct and up-to-date. ‘However, from time to time, prices for certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to the Company by a supplier. In each such case, notwithstanding anything to the contrary, the Company and the seller both reserve the right to cancel the order without any further liability. Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product listed on the Marketplace will be sold at a price higher than its MRP (Maximum Retail Price).

Coupons and Promo Codes

From time to time, the Company may at its discretion offer a user promotional codes or coupons entitling you to encash the applicable value of such codes/coupons against purchases made on the . Unless specifically stated on the code or coupon, a promotional code or coupon shall:
1.    expire at 12:00AM on a date being 15 days (inclusive of the issuance date) from the date of issuance endorsed thereon;
2.    Have a maximum discount value of INR 100.00 only.
When using promotional codes and coupons for a purchase on the payment mode “cash on delivery “shall not be available for making payments towards the order.

Merchant offers

Subject to the terms and conditions set out below, certain third party merchants who sell products on the Medimart are offering discounts on their products to users, of up to multiple times the value of a product that is ordered by you, but on which verified complaints on quality issues or item unavailable have been registered.

This offer applies only to orders placed on the www.medintu.com/medimart with specified third party merchants (“Offering Merchants”)*. 

•    Cashback shall at no time exceed the actual amount paid by the Customer to the Offering Merchant (after deduction of discounts, if any, already applied) for the order under which the product was purchased.

•    Cashback will be calculated on the net product price, inclusive of discounts if any, however exclusive of applicable taxes.

•    Offer shall be subject to verification by the Offering Merchant in conjunction with Medimart.

•    This offer will not be valid for any orders which involve payment by way of Cash on Delivery.

•    MediMart does not make any warranties or representation of the quality, merchantability, suitability or availability of the products or services included in this offer.

•    The Offering Merchant may at its discretion withdraw, alter, modify or otherwise change the order without notice.

•    The offer may be extended or terminated by MediMart and/or the Offering Merchant(s).

•    Any disputes arising relating to or connected with this offer shall be subject to the dispute resolution mechanics set out in the terms and conditions of use of the MediMart.

You Agree and Confirm

•    That in the event any product delivery is delayed or is returned from its destination on account of a mistake by you (e.g. providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the Company for re-delivery of the product(s) shall be borne by you.

•    That you will use the services provided by the Marketplace for lawful purposes only, and comply with all applicable laws and regulations while using and transacting on the Marketplace.

•    You will provide authentic and true information in all instances where any information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time. 
If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to reject registration, cancel all orders, and debar you from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.

•    That you are accessing the services available on the Marketplace and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through the Marketplace.

•    That before placing an order, you shall check and review the product description carefully and in sufficient detail. By placing an order on the Marketplace, you agree to be bound by the conditions of sale included in the item’s description without exception.

•    That product(s) ordered by you may be replaced by the Company in case of unavailability at the relevant store or for other reasons outside the control of the Company. You may however refuse to accept such replacement product, in which case an amount equal to the price paid for the original product will be refunded to you.

Reviews, Feedback and Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Marketplace or otherwise disclosed, submitted or offered in connection with use of the Marketplace (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.

The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (1) maintain any Comments in confidence; or (2) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Marketplace will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Marketplace will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Marketplace. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.

Further, any reliance placed on Comments available on the Marketplace from a third party shall be at your sole risk and expense.

Copyright & Trademark

The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Marketplace. Access to or use of the Marketplace does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Marketplace are owned by or licensed to the Company. Any use of the Marketplace or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.

You may not modify, distribute or re-post anything on the Marketplace for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Marketplace. Access to or use of the Marketplace does not authorize anyone to use any name, logo or mark in any manner. References on the Marketplace to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.

The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.