Terms and Conditions

This document (“Terms and conditions”) is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures..

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from time to time, which requires publishing of the rules and regulations, privacy policy and terms for access or usage of the https://www.drmorepenpharmacy.com/ website and mobile application. .

We, at Quickmed Private Limited (“Morepen”, “we”, “us”), provide services to all individuals accessing or using our licensed retail stores or Morepen platform (“Morepen Platform ”) for any reason (“you”, “yours”, “User”) subject to the notices, terms, and conditions set forth in these terms and conditions (“Terms and Conditions”, “Agreement”), read with the Privacy Policy available here. The Morepen Platform is owned and operated by Quickmed Private Limited , a company duly incorporated under the provisions of the Companies Act, 2013. By accessing or browsing the Morepen Platform and using the Services (as defined below), you indicate your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue access to or use of the Morepen Platform. The Morepen Platform is a platform that facilitates online purchases by customers of pharmaceutical products like prescription drugs, medical devices, over-the-counter medicines, etc., sold by Morepen through its licensed premises.

• a. You are at least 18 years old or accessing the Morepen Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient/end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.
• b. If your age is below 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material the sale or purchase of which to/by minors is prohibited and which is for consumption by adults only.
• c. You are legally competent to contract and otherwise competent to receive the services (as defined in these terms and conditions). Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including undischarged insolvents, etc., are not eligible to use the Morepen Platform.
• d. You have not been previously suspended or removed by Morepen or disqualified for any other reason from availing the services.
• e. Morepen reserves the right to terminate your membership, if any, and/or refuse to provide you with access to the Morepen Platform if Morepen discovers that you are under the age of 18 years.

• i. The Indian Contract Act, 1872;
• ii. The Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, as amended from time to time;
• iii. The Drugs and Cosmetic Act, 1940, read with the Drugs and Cosmetics Rules, 1945;
• iv. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954;
• v. The Indian Medical Council Act, 1956, read with the Indian Medical Council Rules, 1957;
• vi. Pharmacy Act, 1948; The Consumer Protection Act, 2019; and Consumer Protection (E-Commerce) Rules, 2020.

a. Display, advertisement, sale, and delivery of medicines, including over-the-counter drugs, other pharmaceutical products, and certain fast-moving consumer goods, including cosmetics, food products, private label products and medical devices. (“Products”); and

b. Any other service that is made available on the platform from time to time. The sale and purchase of products on the Morepen Platform is solely undertaken by Morepen and no other entity. By transacting on the Morepen Platform in respect of any products [or services], you agree to be bound by these terms and conditions and are entitled to enforce any and all available remedies, under contract or law, only against Morepen. You further agree and acknowledge that the products being purchased by you are being sold and fulfilled only by Morepen.

• a. You shall not upload to, distribute, or otherwise publish through the Morepen Platform the following Prohibited Content, which includes any content, information, or other material that:
• b. belongs to another person and which you do not own the rights to;
• c. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
• d. is hateful, racially or ethnically objectionable, disparaging of any person;
• e. relates to or seems to encourage money laundering or gambling,
• f. harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights;
• g. violates any law in India for the time being in force;
• h. deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• i. communicates any information which is grossly offensive or menacing in nature;
• j. impersonates another person;
• k. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order;
• l. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
• m. incites any offence or prevents investigation of any offence or insults any other nation;
• n. is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of Quickmed Private Limited;
• o. is not relating to the medical consultation or relating to any of the services you avail from us.
• You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and/or immediately terminate your access to the Services and/or to the Morepen Platform.

• a. By using the Morepen Platform and/or the Service, you agree, to the fullest extent permitted by law, to indemnify and keep indemnified and hold Morepen, its affiliates, and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims, losses, costs, charges and expenses, including reasonable attorney fees, that the concerned indemnified persons may suffer on account of your breach of these Terms;
• b. your use of the Morepen Platform and/or the Service;
• c. incorrect or inaccurate credit/debit card details provided by you;
• d. you using a credit/debit card which is not lawfully owned by you;
• e. you permitting a third party to use your password or other means to access your account;
• f. your non-compliance with applicable law or regulations in the jurisdiction in which you are accessing the Morepen Platform and/or the Service;
• g. you providing a false, forged, unauthorized or manipulated prescription; and
• h. any action taken by Morepen as part of its investigation of a suspected violation of these terms or as a result of its finding or decision that a violation of these terms has occurred.

By using our services, you confirm that you understand and agree to the following:

a. To the extent permitted by applicable law, Morepen or its affiliates will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:

(i) These Terms and Conditions and Privacy Policy;

(ii) Your use or inability to use the Morepen Platform; and

(iii) Your use of any third-party services you contacted through the Morepen Platform.

b. Morepen does not warrant that the Morepen Platform or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delays, omissions, interruptions, and/or inaccuracies in materials or services available through the Morepen Platform.

c. Although Morepen takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Morepen Platform, Morepen does not represent or warrant that the Morepen Platform or the service or products or materials that may be made available through the Morepen Platform are free from such destructive features. Morepen is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.

d. To the extent permitted by law, Morepen shall not be liable to you or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, revenue, contracts, anticipated savings, goodwill or wasted expenditure, business interruption, loss of programmes or other data on your information system or any other indirect or consequential loss), even if Morepen has been advised, knew, or should have known of the possibility of such damages, arising out of or related to:

(i) your use of or reliance on the Morepen Platform, any information, hyperlinks or content contained therein, or Services included on or otherwise made available to you through the Morepen Platform;

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

(iii) the provision of Services by Morepen;

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

(v) Errors, delays or deficiencies in services or theft or damage of products from productsMorepen, attributable to third parties who assist Morepen, such as delivery partners.

e. To the fullest extent permitted by law, Morepen disclaims and excludes all warranties and representations, express, implied or statutory, with respect to the Morepen platform or Morepen’s services, or with respect to the accuracy, currency or completeness of the information provided by Morepen, including the implied warranties of merchantability or fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property right. The Morepen platform, including, without limitation, all content, information and links contained therein, is provided “as-is” without any warranty that it will be uninterrupted or error-free. You expressly agree that your use of this Morepen platform is at your sole risk.

f. Notwithstanding anything herein to the contrary, Morepen’s aggregate liability (whether in contract, tort or otherwise) for any loss or damage that you may incur on any account whatsoever, arising out of your use of the Morepen Platform, shall be limited to a sum equal to the amount paid or payable by you for the Product(s) or Services in respect of one incident or series of incidents attributable to the same cause.

g. Morepen reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders anytime at their sole discretion.

h. No claims or action arising out of, or related to, the use of the Morepen Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

i. We have selected the product's purposes on the basis that they will be used for personal use only. If you are planning to use them for business purposes, you are advised to make sure that you are covered by a proper insurance plan. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question. In relation to business users, we do not accept liability for the fitness of products for business purposes, nor do we accept liability for loss of use of the product, nor any loss over and above the cost of the products in the event of a claim for breach of warranty or condition.

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

Please note that your payments are processed in accordance with applicable law, and you may refer to our Payments and Refund Policy for details. By using our services, you further confirm that you understand and agree to the following:

• a. That you will use the services provided by Morepen, its affiliates, consultants and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the Morepen Platform and transacting on the Morepen Platform.
• b. You will provide true, accurate, complete and current information in all instances where such information is requested of you. Morepen reserves the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partly), Morepen has the right in its sole discretion to reject the registration and debar you from using the services of Morepen and/or other affiliated websites without prior intimation whatsoever.
• c. That you use your best and prudent judgement, platform, before entering into any transaction through this Morepen platform, doing so at your sole risk. Morepen reserves the right to transfer, assign or subcontract the benefit of the whole or part of any of its rights or obligations under these terms or any related contract to any third party. If any part of these terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other terms shall not be affected. These terms do not create or confer any rights or benefits enforceable by any person that is not a party. No delay or failure by Morepen to exercise any powers, rights or remedies under these terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing and signed by an authorised representative of Morepen. These Terms, including the documents or other sources referred to in these Terms, supersede all prior representations, understandings and agreements between you and Morepen relating to the use of the Morepen Platform (including the use of Services and/or order of Products) and set forth the entire agreement and understanding between you and Morepen for your use of the Morepen Platform. When you visit the Morepen Platform or send e-mail to us, you are communicating with us electronically. You consent to receive communication from us electronically. We may communicate with you by e-mail or by posting notices on the Morepen Platform. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.