Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE MOBILE APPLICATION AND WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE MOBILE APPLICATION AND WEBSITE.

  1. What is MedNear
    1. The domain name www.mednear.com, an internet based Mobile Application and web portal, and MedNear , a mobile application, is owned and operated by MedNear  Pharma India Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter, referred to as “MedNear ” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as “Mobile APPs and Website”.
    2. Your access or use of the Mobile App and Website, transaction on the Mobile App and Website and use of Services hosted or managed remotely through the Mobile App and Website, are governed by the following terms and conditions (“Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between You- the User on one part and MedNear  on the other Part.
    3. By accessing, browsing or in any way transacting on the Mobile App and Website, or availing any Services, You signify your agreement to be bound by the Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by MedNear ’s policies, including its Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are applicable for the purposes of accessing, browsing or transacting on the Mobile App and Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of this Terms of Use. However, if you navigate away from the Mobile App and Website to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.
    4. The Mobile App and Website is a platform that facilitates the purchase of pharmaceutical products for sale by various relevant pharmacies (hereinafter referred to as “ Services”, with the relevant pharmacies referred to as “Sellers”). The arrangement between the Sellers and MedNear  shall be governed in accordance with this Terms of Use. The Services would be made available to such natural persons who have agreed to become buyers on the Website after obtaining due registration, in accordance with the procedure as determined by MedNear , from time to time (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by the Sellers.
    5. You agree and acknowledge that the Mobile App and Website is a platform that Users and Sellers utilize to meet and interact with another for their transactions. MedNear  is not and cannot be a party to or save as except as may be provided in this document control in any manner, any transaction between the Users and Sellers.
    6. The Company reserves the right to change or modify these Terms of Use or any policy or guideline of the Mobile App and Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Mobile App and Website will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Mobile App and Website.
    7. This Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including but limited to:

      • the Indian Contract Act, 1872 (“Contract Act”);
      • the (Indian) Information Technology Act, 2000 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 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules");
      • The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
      • The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954; and Consumer Protection Act, 1986.
    8. MedNear  authorizes the User to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, ordering, receiving, delivering and communicating only as per the Terms of Use. The contents of the Mobile App and Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Mobile App and Website (collectively, “MedNear  Content”), are the property of MedNear  and are protected under copyright, trademark and other laws. User shall not modify the MedNear  Content or reproduce, display, publicly perform, distribute, or otherwise use the MedNear  Content in any way for any public or commercial purpose or for personal gain.
    9. Compliance with the Terms of Use would entitle the User 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 Information Technology Act, 2000 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 transacting with Sellers through the Mobile App and Website, the Users are required to obtain registration, in accordance with the procedure established by MedNear in this regard. As part of the registration process, MedNear  may collect the following personal information from the Users:

      • Name;
      • User ID;
      • Shop Name
      • TIN
      • Drug License No
      • Email address
      • Address (including country and ZIP/ postal code);
      • Gender;
      • Age;
      • Phone number;
      • Password chosen by the User;
      • Valid financial account information; and
      • Other details as the User may volunteer.
    2. The registration on or use/ access of the Mobile App and 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 Mobile App and Website.
    3. By registering, accessing or using the Mobile App and Website, you accept the terms of this Terms of Use and represent and warrant to MedNear  that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Mobile App and Website and agree to and abide by its Terms of Use.
    4. A registered id can only be utilized by the person whose details have been provided and MedNear 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 Mobile App and Website for the purposes of purchasing drugs or other pharmaceutical products or services, on behalf of such persons.
    5. You agree and acknowledge that You would (a) create only one account; (b) provide accurate, truthful, current and complete information when creating Your account and in all their dealings through the Mobile App and Website; (c) maintain and promptly update Your account information; (d) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (e) promptly notify MedNear  if You discover or otherwise suspect any security breaches relating to the Mobile App and Website; and (f) take responsibility for all activities that occur under Your account and accept all risk of unauthorized access.
  3. Privacy Policy
    1. MedNear  has duly formulated a policy on how the Company collects, uses and discloses personally identifiable information from its users (“Privacy Policy”). The Privacy Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.

Services and Use of Mobile App and Website

  1. Platform to facilitate transaction of business
    1. MedNear  provides Services through the Mobile App and Website, which is a platform that facilitates the purchase of drugs and other pharmaceutical products, and services offered for sale by Sellers. You understand and agree that MedNear  and the Mobile App and Website merely provide hosting services to its Users and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Sellers/ manufacturers of drugs and other pharmaceutical products (“Manufacturers”), are third party user generated contents. MedNear  has no control over such third party user generated contents and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission.
    2. The Users understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the drugs and other pharmaceutical products or services are offered by and agreed to between Users and Sellers and the contract for purchase of any of the drugs or other pharmaceutical products, or services, offered for sale on the Mobile App and Website by the Sellers shall strictly be a bipartite contract between the Seller and the User.
    3. The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to the goods and services offered for sale by the Sellers, and after sales services related to such goods and services. MedNear  does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between Users and Sellers.
  2. Representation as to legal title
    1. MedNear  does not make any representation or warranty as to legal title of the goods and services offered for sale by the individual Sellers on the Mobile App and Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Mobile App and Website vest with MedNear  nor shall MedNear  have any obligations or liabilities in respect of any transactions on the website. The Users agree and acknowledge that the ownership of the inventory of such goods and services shall always vest with the Sellers, who are advertising or offering them for sale on the Mobile App and Website and are the ultimate sellers.
    2. The Users agree and acknowledge that the Seller shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Seller does not have the sole and exclusive legal ownership over the goods and services that have been offered for sale on the Mobile App and Website by such Seller, or did not have the absolute right, title and authority to deal in and offer for sale such goods and services on the Mobile App and Website.
  3. Possession and stocking
    1. MedNear  does not, at any point of time, take possession of, or stock any of the goods or services offered for sale by the Seller on the Website.
  4. Non-Performance of Contact
    1. The User accepts and acknowledges the following:

      1. MedNear is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between the User and Seller for purchase and sale of goods or services offered by such Sellers on the Mobile App and Website;
      2. MedNear cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website;
      3. Seller is solely responsible for ensuring that the goods or services offered for sale on the Mobile App and Website are kept in stock for successful fulfillment of orders received. Consequently, MedNear is not responsible if the Seller does not satisfy the contract for sale of goods or services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Mobile App and Website at the time of placement of order by the User;
      4. MedNear shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers. In particular, MedNear  does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Mobile App and Website;
      5. MedNear may, at its sole discretion, suspend User’s ability to use or access the Website at any time while MedNear   investigates any complaints or alleged violation of the Terms of Use or for any other reason. In the event, Users find any wrong information on the Mobile App and Website in relation to such User, they can correct it themselves or contact MedNear   immediately for such corrections. MedNear  shall have no liability or responsibility in this regard.
  5. Exhibition of drugs and publication of Content/ Information on the Mobile App and Website
    • The Users agree and acknowledge that the respective Sellers are exhibiting their catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Mobile App and Website.
    • The contents provided on the Mobile App and Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Sellers on the Mobile App and Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.
    • The Users acknowledge and agree that such Manufacturers / Sellers shall be solely responsible for ensuring that such third party generated information made available regarding the goods offered for sale on the Mobile App and Website, are not misleading and describe the actual condition of the product. In this connection, it is solely the responsibility of the concerned Manufacturers/ Seller to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such goods or services so as to mislead the Users in any manner. The Users acknowledge and understand that MedNear provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Mobile App and Website and the Users must run their own independent check. The Users agree and acknowledge that MedNear  has not played any role in the ascertainment of the actual impact/ effect of any drug being offered for sale by the Sellers on the Mobile App and Website. The Users agree and acknowledge that it shall not hold MedNear  responsible or liable for any damages arising out of such reliance on third party user generated content by the User.
  6. Consulting a Registered Medical Practitioner
    • The content of the Mobile App and Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind.
    • You must always consult a Registered Medical Practitioner with any questions or concerns you may have regarding the suitability of any drug offered for sale by the Sellers on the Mobile App and Website, in light of your individual needs and medical conditions. Reliance on any information appearing on the Mobile App and Website, whether provided by MedNear , its content providers, visitors to the Mobile App and Website or others, is solely at Your own risk, and MedNear shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the Mobile App and Website. You further acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by You on any information published on the Mobile App and Website, the manufacturers/ Sellers from whom said content is obtained and made available on the Website shall be solely responsible for any claim/ damage/ liability arising as a result of any reliance being placed by the User on said content, and MedNear shall have no liability in relation to the same.
    • Users must never avoid or cause any delay in obtaining medical advice from a Registered Medical Practitioner or disregard any such medical advice duly obtained, because of any information provided on the Mobile App and Website. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.
  7. Prescription Drugs
    • The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products [including drugs which cannot be sold without a valid prescription duly issued by a Registered Medical Practitioner (“Prescription Drugs”)], offered for sale on the Website by Sellers. In order to purchase Prescription Drugs from Sellers through the Mobile App and Website, the Users are required to upload a scanned copy of the prescription on the Website or email the same to MedNear . The order would not be internally processed and forwarded to the concerned Sellers by MedNear until it receives a copy of a valid prescription. The Users are also required to make the prescription available at the time of receipt of delivery of Prescription Drugs.
    • MedNear shall maintain a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and, subject to applicable laws, may also be used to re-order the prescribed medicines.
  8. Substitution of Prescribed Drugs
    • The Users acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the Registered Medical Practitioner has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the prescribed drug or if the prescription solely lists the salt names instead of a specific brand name.
    • The User further acknowledges and accepts that, in the absence of the above, the concerned pharmacist would only dispense a substitute drug in place of the prescribed drugs after obtaining suitable permission from the prescribing Registered Medical Practitioner.
  9. Invitation to offer for sale
    • Notwithstanding anything else contained in any other part of Terms of Use, the listing of drugs and other pharmaceutical products on the Mobile App and Website by the Sellers is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by User shall constitute an offer by such User to enter into an agreement with the Seller (“Offer”). Post the Offer, MedNear shall send an email to the User with the information on the Offer along with the details of the concerned Seller(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the pharmacist after the validation/ verification of the prescription by such pharmacist (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant pharmacy (in the case of Prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to the User.
    • For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Seller’, as appearing in the Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Seller.
  10. Transfer of Property and Completion of Sale
    • Upon acceptance of the Offer by the concerned Seller (being the pharmacist), the drugs/ pharmaceutical products or services would be dispensed at the pharmacy, in accordance with the terms of the order placed by the User. Such dispensation shall also take place under the direct/ personal supervision of the Pharmacist, wherever required under the applicable law.
    • The User acknowledges and agrees that the property in the drugs/ pharmaceutical products or services ordered by the User shall stand immediately transferred to the User upon the dispensation of drugs (in accordance with Clause 4.10) and the raising of the invoice at the concerned pharmacy. Accordingly, the sale of drugs/ pharmaceutical products is concluded at the concerned pharmacy itself.
    • The invoice in relation to the drugs/ pharmaceutical products, and services that are required to be delivered to the User shall be issued by the concerned Seller (being the pharmacy) who is to process and satisfy the order for such drugs/ pharmaceutical products, and services.
  11. Delivery of Drugs
    • User authorizes the transporter/ courier/ delivery personnel to be his agent for delivery of the drug or device from the concerned pharmacy to the address notified by the User. The goods shall be delivered by agent/ transporter/ courier/ delivery personnel, authorized by the user for the delivery of the goods from the concerned pharmacy to the address notified by the User, with no control over the goods and no additional obligation apart from standard delivery obligations and duty of care.
    • The User further accepts and acknowledges that MedNear does not engage in the distribution of the concerned drugs or other pharmaceutical products, and may only connect user to third party transporter/ courier delivery personnel for the purposes of delivery of drugs or pharmaceutical products from the concerned pharmacy to the address notified by the User.
  12. Compliance of Applicable Law
    • While communicating/ transacting with Sellers through the Mobile App and Website, the Users shall at all times ensure full compliance with the applicable provisions of the Drugs Act read with the Drugs Rules, 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 drugs or pharmaceutical products or 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 MedNear 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 Sellers or to MedNear , as a result of any dispensation of Prescription Drugs by the Seller owing to the non-compliance by the User in this regard.
  13. Payment, Fees and Taxes
    • Registration on the Mobile App and Website and the access to the information provided on the Mobile App and Website is free. MedNear does not charge any fee for accessing, browsing and buying through the Mobile App and Website. The User agrees to make all payments directly to the respective Seller for purchase of goods from such Seller. The Sellers may choose to either personally collect such payment from the Users or may use the services of collection agents duly appointed in this regard. The Users agree and acknowledge that it shall not hold MedNear responsible for any loss or damage caused to the User during the process, due to any acts or omission on the part of third parties viz. the Seller or the collection agents or for any actions/ omissions which are beyond the control of MedNear .
  14. Covenants
    • You undertake that You shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -

      1. belongs to another person and to which the User does not have any right;
      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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. infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;
      4. violates any law for the time being in force;
      5. impersonates another person;
      6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      7. is prohibited under applicable law for the time being in force including Drugs Act (read with the Drugs Rules), the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, as amended from time to time and rules made there under;
      8. 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 offence or prevents investigation of any offence or is insulting any other nation.
    • The User is also prohibited from:

      1. violating or attempting to violate the integrity or security of the Mobile App and Website or any MedNear Content;
      2. transmitting any information (including job posts, messages and hyperlinks) on or through the Mobile App and Website that is disruptive or competitive to the provision of Services by MedNear ;
      3. intentionally submitting on the Mobile App and Website any incomplete, false or inaccurate information;
      4. making any unsolicited communications to other Users;
      5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Mobile App and Website;
      6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Mobile App and Website;
      7. copying or duplicating in any manner any of the MedNear Content or other information available from the Mobile App and Website;
      8. framing or hotlinking or deeplinking any MedNear
    • MedNear , 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 S. 4.2 above, shall be entitled to disable such information that is in contravention of S. 4.2. MedNear 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 laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, MedNear has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.
  15. Liability
    • The User accepts and acknowledges that MedNear does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods made available on their Mobile App and Website, including any guarantee or warrantee that such goods (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Sellers have legal title over the goods being offered for sale by them on the Mobile App and Website .MedNear also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Mobile App and Website or any of the Services offered.
    • The User further accepts and acknowledges that MedNear does not verify any content or information provided by the Sellers/ or obtained from the Manufacturers, and to fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Mobile App and Website, the Services, the MedNear Content, representations and warranties made by the Sellers or the content or information (provided by such Seller or obtained from the Manufacturers) on the Mobile App and Website or any opinion or suggestion given or expressed by MedNear  or any Seller in relation to any User or Services provided by MedNear .
    • The Website may be linked to web pages and content of third parties, affiliates and business partners (collectively,Third Party Content”). MedNear does not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The User acknowledges and agrees that MedNear shall not be responsible or liable in any manner for the content, accuracy, validity, reliability, quality of such Third Party Content. Inclusion of any link on the Mobile App and Website does not imply that MedNear  endorses the linked site. User may use the links and these services at User's own risk.
    • MedNear assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Mobile App and Website or the downloading of any material, data, text, images, video content, or audio content from the Mobile App and Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Mobile App and Website.
    • The listing of Sellers on the Mobile App and Website is based on numerous factors including User's comments and feedbacks. In no event shall the Protected Entities be liable or responsible for the listing order of Sellers on the Mobile App and Website.
    • To the maximum extent permitted by applicable law, MedNear , its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“ProtectedEntities”), 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 Mobile App and Website or the content, materials and functions related thereto; (ii) User's provision of information via the Mobile App and 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) the provision of, or failure to provide, all or any products or service by a Seller to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Seller; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Mobile App and Website.
    • In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from the Terms of Use or a User's use of the Mobile App and Website exceed an aggregate amount of Rs. 1000. MedNear accepts no liability for any errors or omissions, whether on behalf of the Users or third parties.
  16. Indemnity
    • You agree to defend, indemnify and hold harmless MedNear , its affiliates, 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) Your access to or use of Website; (b) Your violation of the Terms of Use; (c) Your violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Your conduct in connection with the Mobile App and Website.
  17. Modification of Mobile App and Website
    • MedNear reserves the right to modify or discontinue, temporarily or permanently, the Mobile App and Website or any features or portions thereof without prior notice. You agree that MedNear will not be liable for any modification, suspension or discontinuance of the Mobile App and Website or any other part thereof.
  18. Termination
    • The provisions of this Agreement shall continue to apply until terminated by either You or MedNear as set for below:

      1. If You want to terminate this Agreement with MedNear , You may do so by:

        • not accessing the Mobile App and Website; or
        • Closing your accounts for all of the Services that you use.
      2. MedNear reserves the right to, at any time, and with or without notice, terminate this Agreement with You if:

        • You breach any of applicable law, including but not limited to the Drugs Act and the rules issued thereunder or the provisions of this Agreements or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same); or
        • MedNear is unable to verify or authenticate any information provided to MedNear  by You; or
        • MedNear believes, in its sole discretion, that Your actions may cause legal liability for MedNear  (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Mobile App and Website; or
        • MedNear is required to do so by law; or
        • if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for MedNear to provide the Services to You; or
        • The provision of the Services to you, or to the general public, is in MedNear ’s opinion, no longer commercially viable; or
        • MedNear has elected to discontinue, with or without reason, access to the Mobile App and Website or the Services (or any part thereof).
    • MedNear may also terminate or suspend (temporarily or permanently) all or a portion of Your 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 Your account may include: (i) removal of access to all offerings within the Mobile App and Website or with respect to the Services; and (ii) barring You from further use or access of the Mobile App and Website or of any of the Services.
    • Once terminated or suspended (temporarily or permanently), You may not continue to use the Mobile App and Website under the same account, a different account or re-register under a new account.
    • Upon termination of this Agreement, MedNear shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).
    • The right to terminate/ suspend the account is in addition to, and without prejudice to, MedNear ’s right to initiate action against the User, in accordance with Clause [•] (Damages) of the Terms of Use.
  19. Force Majeure
    • The User accepts and acknowledges that MedNear or the Sellers 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 the User), or any other delay or default or deficiency or failure which arises from causes beyond MedNear or the Seller’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, MedNear  or the Seller, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the User of the facts which constitute the Force Majeure Event.
  20. Governing Law and Dispute Resolution
    • This Agreement and any contractual obligation between MedNear and User will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Your access to, or use of, the Mobile App and Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Chennai.
  21. Survival
    • Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
  22. Severability
    • If any provision of this 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.
  23. Refund / Return / Cancellation
    • MedNear highly regards its customers and always strives its best to impart its customers an unparalleled level of high quality and service. Despite an unwavering resolute to deliver the best value to our customers, we do accept that there can be occasional and unintentional instances of imperfections. Whenever any such discrepancy is reported, our customer support team immediately gets on to the issue and offer compensation if the reported issue holds to be true. So, if you have recently received a flawed or a damaged product, immediately get back to us.
    • Firstly, we strongly recommend checking the delivered items thoroughly at the time of delivery. If you found the issue with delivered items afterwards, get in touch with our customer support team immediately. Please note that not all requests are responded positively. Whenever a customer lodges a complaint, the lodged complaint is investigated and a decision is made in accordance with the following components of the return policy. If during the investigation, MedNear discovers any sort of illegitimate or fraudulent attempt, we reserve every right to take the complainant in court of law.
    • If the lodged complaint comes out be genuine and in compliance with the terms of policy, we will be happy to compensate you in either the form of a refund or replacement of the product. It is important to note that a complainant only holds the right of lodging a complaint in seven days of delivery. If the complaint is lodged after seven days of delivery, it will not be addressed, even if the issue is genuine and delivery was flawed.
    • Complaints that will be entertained positively:

      Not every complaint is entertained and to qualify for a successful return(refund or replacement), delivered items must be having at least one of the following issues:

      1. - Delivered products were different from delivered ordered ones.
      2. - Delivered Items were expired.
      3. - Delivered products were damaged.
      Please do not accept the deliveries if you manage to discover any of the aforementioned issues in the delivery. If you discovered the issue only after opening, the packaging, reach to our team immediately. All complaints that are filed in 7 days of delivery will be considered. If a complaint turns out to be true, you will either be offered a refund or a replacement. Please note that it will not be possible to replace every item and it has to be checked before a replacement request is confirmed.
    • Complaints that will not be entertained positively:

      As mentioned before, not all complaints will be dealt in a similar manner. We have already mentioned the possible instances that qualify a complaint as a genuine one. With that being said, there can be deliveries which have one or more of the aforementioned issues, but still they will fail to qualify for a refund or replacement.

      Following are the cases which will not be entertained positively by our team:

      1. - If the products ordered were wrong in the first place, no compensation will be offered in such cases.
      2. - Contradiction in batch numbers on invoices and our records.
      3. - Items not returned in original packaging.
      4. - Rare and Slow moving medicines and products
      5. - Not having original delivery receipts.
      6. - Clear signs of consumption. Items that are consumed after the delivery will not be accepted for return.
      7. - Items that are environment sensitive and can be damaged by sunlight or water or require specific range of temperatures(cold storage) to sustain.
      If you are in a doubt and your case is not exactly like any of the mentioned cases, reach out to our team immediately. Remember, all inquiries will be investigated by our team and the right to make a decision always about return of the items rests with them.
    • Refund Timelines:

      Refunds for all eligible MedNear orders are issued to the payment method used at the time of purchase, except for Cash on Delivery. The time frame for different payment modes is given below:

      Mode of PaymentMode of RefundTime frame
      Credit cards / Debit CardsCredit cards/debit Cards5-7 business days*
      Net Banking Net Banking Account (Credited to Bank Account)5-7 business days*
      Cash on Delivery NEFT to Bank Account
      Paper Cheque
      3-5 business days*
      8-10 business days*
      E-WalletsE-Wallets3-5 business days
      * Refund timelines depend on bank turnaround times and RBI guidelines. This may change from time to time. Business days shall mean the working days on which MedNear corporate office operates.
    • For Cash on Delivery Orders:

      For orders placed using Cash on Delivery as the payment method, refunds can be processed to your bank account via National Electronic Funds Transfer (NEFT). You will need to update following information to enable us to process a refund to your account.

      1. The Bank Account Number
      2. IFSC Code
      3. Account Holder's Name
      4. Bank Branch
      5. Bank Name
      Important: Refunds cannot be processed to third-party accounts. The name on your MedNear account should match with the name of the bank account holder. If you have paid the bills using a third party account, refunds will be made to the same account. NEFT refunds will typically be initiated in three business days from our end and will be credited to your account in another two to three business days. MedNear will not be liable for any delay caused in refunds due to delay by third party affiliates (including banks), in providing information by the customer, technical issues and other reasons beyond its control.
    • Procedure to file a complaint:

      1. - As soon as you find out an issue with the delivery, reach out to our team through or e-mail address or directly call us at:
      2. - After receiving the request, our team will get back to you in 3 business days.
      3. - If after looking into the matter, your claim is found out to be valid, you will be offered the compensation.
      4. - Refund or return can take up to 30 days and the progress can be tracked by contacting our team in between. Please keep note that the refund or replacement procedure requires time, and it is not a reasonable practice to bother our team members repeatedly.
      The amount will be refunded to customer’s bank account in case of cash on delivery. If the payment was made through online wallet, it will be refunded to the wallet.
    • Cancellation:
    • Cancellation from Customers:

      If you have initially ordered for the products, but after some time, you found out that you mistakenly placed an order, it can also be cancelled afterwards. It can only be done before the order is shipped. Once an order is shipped from our end, it is not possible to cancel the order at this stage.
    • Cancellation from our side:

      MedNear also holds the right to cancel orders pertaining to special circumstances, even if the order was placed and confirmed initially. There can be multiple reasons due to which we might have to initiate a cancellation.
    • Possible reasons of cancellation on our part:

      1. - Unavailability of the ordered products.
      2. - Inadequate supplies of ordered products.
      3. - Errors in listed prices.
      4. - Not able to fulfill by our Pharmacy Partners.
      5. - Not able to send Medicine and Products to given locations.
      6. - Invalid Prescriptions.
      7. - Stop Production By Manufacturer.
      8. - Near to Expire Products.
    • Possible reasons of cancellation on customer part:

      1. - Display of the intent for commercial use.
      2. - Repeated orders of the same product.
      3. - Large quantities of the same product.
      4. - Incorrect delivery address.
      5. - Order placed through illicit or unethical means.
      6. - Illegal use of the ordered products.
    • Shipping Charges Policy:

      For every delivery, MedNear will charge its customers Rs.29 to Rs.299 based on there location . This shipping rate is on per order basis and only applies to the orders that are sent to the cities where we are not based. Cities where we are based include:
    • If a product is approved for refund, we will also refund the shipping charges. If the cancellation is initiated from our side, we will also be refunding you the shipping charges along with the original order amount. In case of cancellation from your side, only your order price will be refunded in this case.
  24. Contact Information
    • If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at support@mednear.com
    • If a User has any questions concerning MedNear, the Website, this Agreement, or anything related to any of the foregoing, MedNear can be reached at the following email address - support@mednear.com or via the contact information available from the following hyperlink: www.mednear.com/contact-us