Terms and Conditions
Please Read These Terms Carefully Before Using this Service
Medicostores.com website is made available by medicostores.com private Ltd, (“Medicostores.com”) with its registered office located at F No 108, D No 8-3-945, Sri Nilayam Estates Nagarjuna Nagar Colony Ameerpet Hyderabad, Telangana, 500073, India. medicostores.com is a platform which brings together licensed Stockists/Wholesalers referred to as “Sellers” and Retailers, Hospitals & Season Boys/Sales Persons referred to as “Buyers”. The Services of the platform are available through the website https://medicostores.com (hereinafter referred to as “Site”). The services provided by Medicostores.com are subject to the following Terms and Conditions (the “Terms”).
Acceptance of Terms and Conditions of Service
The Services are provided by medicostores.com Private Ltd, (“Medicostores.com”, “us” or “we”)as a service to the Sellers and Buyers (together referred to as “Users”). BY USING THIS SITE, YOU CONFIRM THAT YOU ARE A USER AS REFERRED TO ABOVE, AND AGREE TO FOLLOW AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE THAT WE HAVE PROVIDED. IF YOU DO NOT AGREE TO THEM, DO NOT USE THE SITE AND DO NOT PROCEED TO REGISTER.YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS.
The following Terms govern your access to the Site and use of the Service. This Service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the “Site” (online platform) by Medicostores.com.
medicostores.com reserves the right to modify or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Visitors to, and Users of, the Site (collectively, “you”) should visit this page periodically to know the changes. All changes are effective upon posting to this Site.
“User” means any person who makes use of the Site on his or her own behalf, or is authorized to use the Site on behalf of a company or organization.
“Account” means the medicostores.com Account opened when you register as a User of the Site’s Services.
“Site” means the domain, and all sub-domains, of https://medicostores.com
medicostores.com is a platform which makes the Site available as a service by integrating Stockists/Wholesalers (Sellers) with Retailers, Hospitals & SeasonBoys (Buyers) and helping them to sell and buy medicines and related medical equipment. When you register as a Seller on this Site, medicostores.com grants you a limited, revocable, nonexclusive licence to use this Site for the purpose of selling medicines and medical equipment (together called “Products”) to Buyers. Our service is intended to provide an Easy and Convenient way to market/sell the Products. When you register as a Buyer, you can use our Site to purchase Products from Sellers. medicostores.com does not sell any Product and hence, shall not be responsible or liable for Buyers taking action based on any content or posting of the Sellers. Buyers are advised to take their own judgment before following such posting/advice or any content. Once a Purchase Order is placed, a contract is established between the Seller and Buyer and medicostores.com shall not be responsible for any issue between them, and Seller and Buyer have to directly deal with such issues.
medicostores.com reserves the right to modify or discontinue – any of the provisions of this Agreement, all or part of the Service, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Service. The amended Terms of Service of this agreement shall be effective immediately after they are initially posted on the Site. Your continued use of the Service after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. You acknowledge and agree that medicostores.com shall not be liable to you or any third party in the event that medicostores.com exercises its right to modify or discontinue all or part of the Service. You are responsible for being familiar with any changes or modifications to these Terms and Conditions. You can review the most current version of the Terms at any time at: https://medicostores.com/terms-and-conditions
3. Fee and Payment
medicostores.com does not charge any fee for registration. However, Sellers and Buyers have to register to use our services.
All payments for purchases can be made by Buyers to medicostores.com using credit/debit card/bank transfer or any other funds transfer mechanism. Seller agrees to pay 5% of the invoice amount to medicostores.com as its fee for the services rendered. The balance 5% of the amount will be paid to the Seller within 7 days of receiving payment from the Buyer. Any change of the fee payable to medicostores.com will be notified on the Site.
4. Registration & Accounts
To access services through our Site, both Sellers and Buyers must register as “User” and have a Member Account. In the registration form provided on the Site, all the users are required to provide their Drug License Registration Number and related certificate copy, GSTIN, and Season Boys are required to provide Aadhaar Offline XML/Zip file as ID and address proof. Registration with medicostores.com is absolutely FREE. No fee needs to be paid for registering. When you register, you agree to provide true, accurate and complete information. You agree to update this information as and when changes occur. After you fill in the registration form, you will receive a confirmation email including confirmation link.
Each User represents, warrants, and agrees to grant access to the Account only to persons authorized to act on behalf of the User and only in accordance with this Agreement. The User agrees to be fully responsible and liable for any action using User’s Account.
Your medicostores.com Account and Username are not transferable, and any transfer or attempted transfer to another party is null and void.
E-mail ID and Passwords: When you register an Account, you will be asked to provide your e-mail ID and choose a password for the Account to enable you to access and use this Site/Service. As a User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the e-mail ID and password you use to access this Site. medicostores.com shall neither be responsible nor liable for use of your e-mail ID and pass word by anyone other than you, and will assume that any person using the Site with your e-mail ID and password is authorized to act on your behalf. You will be solely responsible for all access to and use of this Site by anyone using your e-mail ID and password whether or not such access to and use of this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You shall immediately notify us of any unauthorized use of your e-mail ID and/or password or any other breach or threatened breach of security of this Site.
5. Eligibility and Obligations of User
You agree and confirm that you are a legal entity or an individual eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms and conditions. By using the Site, you represent and warrant (as an individual) that you are 18 or older, and further, that you agree to abide by all of the terms and conditions of this Agreement. medicostores.com may terminate your Account, and any content or information that you have posted on the Site and/or prohibit your access to the Site for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are below 18 years of age.
When you register with medicostores.com or use the services from the Site, you accept all of the terms and conditions of this Agreement including but not limited to, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Site; (b) be financially responsible for your use of the Site and the purchase of services; and (c) perform your obligations as specified in the Agreement that you accept, unless such obligations are prohibited by law. medicostores.com reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone with or without cause.
medicostores.com website content comprises details of medicines/drugs sold by Stockists/wholesalers, website graphics, text, photographs, images, video, audio, software, codes, website compilation supplied by us or our Users. All such content is protected by Intellectual Property Laws and Copyright Laws concerned. Unless otherwise stated, medicostores.com and/or its licensors own the intellectual property rights for all materials on medicostores.com website. All intellectual property rights are reserved. You can only use the content as per the terms herein. You must not republish, reproduce, duplicate or copy, sell, rent or sub-license any materials from medicostores.com website.
By using medicostores.com, you agree that medicostores.com is not responsible for any acts or omissions of Users on medicostores.com. Please use caution and practice safe dealings while using medicostores.com.
7. Prohibited Activities
You acknowledge our Terms and conditions and understand our policy for the use of our Site and agree to use our Site for the permitted purposes only. The following are prohibited activities, which could lead to the termination of a User’s account without notice:
- License, sublicense, assign, sell, resell, transfer, reproduce, duplicate or exploit any portion of the service in any way for any commercial use other than as permitted herein, or use on behalf of any third party;
- Modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service;
- Upload invalid data, viruses, worms, Trojan horses, or other harmful or disruptive codes, components, devices, or software agents through the service;
- Impersonate another person or otherwise misrepresent your affiliation with a person or entity, act fraudulently, hide or attempt to hide your identity, or misrepresent the source or content of information including financial information transmitted through the service;
- Use the service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or all or any portion of the service;
- Use of bots, crawlers, or spiders, or other methods, to collect information from the Site;
8.1 medicostores.com is only a market place/platform. This Agreement does not create any Agency, Employer-Employee, or any other type of relationship.
8.2 User agrees and acknowledges that medicostores.com shall not be liable, under any circumstances, to any party, including the User, for direct, indirect, incidental, consequential, special or exemplary damages arising from or concerning any information submitted by the User.
9. Termination and Cancellation
Violation of these terms and conditions will result in suspension of service or termination of your Account. If medicostores.com terminates your account or if you close your account, you remain obligated to pay medicostores.com for all unpaid amounts plus any penalties, if applicable.
You can cancel your medicostores.com account any time. But your data will remain on our server for any necessary action in future. However, this data will not be used by us or shared with others.
Upon any such cancellation/termination, you must destroy all Content obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.
10. Limitation of Liability
While we conduct due diligence of all the registered Sellers by verifying their Licences, certificates, etc, to ensure that all details, descriptions, etc, of Sellers, posted on this Website are accurate, errors may occur. If we discover an error, we will try to communicate with them and rectify it. We will not be responsible or liable for any such errors. Each User has to take its own decision whether it should enter into any transaction with other User.
You expressly understand and agree that medicostores.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, fraudulent deals, loss of income, goodwill, use, data, fines and expenses or other intangible losses / damages, resulting from:
- the use or the inability to use the Site;
- the cost of procurement of substitute products;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Site;
- or any other matter relating to the Site;
EVEN IF MEDICOSTORES.COM OR MEDICOSTORES.COM’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any legal remedy or liability that you seek to obtain for actions or omissions of other Users or third parties will be limited to a claim against the particular Users or other third parties ONLY. medicostores.com shall not be responsible or liable for such claims.
11. Disclaimer/No Warranty
MEDICOSTORES.COM SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, COPYRIGHT, ACCURACY OF USER CONTENT OR FITNESS FOR ANY PARTICULAR PURPOSE. MEDICOSTORES.COM DOES NOT ENDORSE ANY SELLER OR BUYER.
MEDICOSTORES.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT. IN NO EVENT SHALL MEDICOSTORES.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF; THE USE OF OR INABILITY TO USE THE SITE; BEHAVIOUR OF USERS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MEDICOSTORES.COMSITE.
MEDICOSTORES.COM FURTHER DOES NOT WARRANT THAT ITS SERVICE WILL BE SECURE OR UNINTERRUPTED; THE INFORMATION, TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE. MEDICOSTORES.COMMAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. MEDICOSTORES.COM MAKES NO COMMITMENT TO UPDATE THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MEDICOSTORES.COM AND ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. PLEASE INFORM US IF YOU NOTICE ANY INFRINGING CONTENT ON OUR WEBSITE. WE WILL REMOVE THE SAME AT THE EARLIEST POSSIBLE.
The services provided by medicostores.com are Internet-based. You acknowledge and agree that medicostores.com cannot control the flow of data between its servers, other portions of the Internet and your connections and computers. Such flow depends in large part on the performance of Internet products provided or controlled by third parties. At times, actions or inactions caused by these third parties can impair your connections to the Internet. Although medicostores.com will use its commercially reasonable efforts to take actions it deems appropriate to remedy and avoid such events, it cannot guarantee that they will not occur.
medicostores.com reserves the right to deny Users access to the service from time to time in order to perform routine or emergency maintenance, bug fixes or upgrades. medicostores.com shall use commercially reasonable efforts to notify Users of anticipated material disruptions in the services and shall make commercially reasonable efforts to schedule such activities at non-peak user hours.
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE AND OWN RISK. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MEDICOSTORES.COM AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PROPRIETORS, INDEPENDENT CONTRACTORS, CONSULTANTS, PARTNERS, SHAREHOLDERS, REPRESENTATIVES, CUSTOMERS, AGENTS, PREDECESSORS, SUCCESSORS, AND PERMITTED ASSIGNS FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND, LOSS, DAMAGE, EXPENSE (INCLUDING LAWYERS’ FEE, COSTS AND EXPENSES) OR LIABILITY THAT MAY RESULT FROM, ARISE OUT OF OR RELATE TO: (a) ACTS OR OMISSIONS BY YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; (b) INTENTIONAL OR NEGLIGENT VIOLATIONS BY YOU OF ANY APPLICABLE LAWS OR GOVERNMENTAL REGULATION, (c) CONTRACTUAL RELATIONS BETWEEN YOU AND A THIRD PARTY; OR (d) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INCLUDING, BUT NOT LIMITED TO, RIGHTS RELATING TO PATENT AND COPYRIGHT. MEDICOSTORES.COM RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH MEDICOSTORES.COM IN ASSERTING ANY AVAILABLE DEFENCE. YOU SHALL NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT MEDICOSTORES.COM’S PRIOR WRITTEN CONSENT.
During the course of engagement with medicostores.com, You may directly or indirectly obtain certain confidential information of medicostores.com, including without limitation User data, contractual, pricing, marketing and other valuable information that are considered as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with medicostores.com.
This obligation shall not apply to information which is (i) in the public domain, (ii) already known to you and you can show that you were in possession of such information prior to receipt of such information from medicostores.com, (iii) developed independently by you without the benefit of any confidential information of medicostores.com, (iv) received from a third party without similar restriction and without breach of this Agreement or a similar agreement, (v) required to be disclosed by an order of a court or regulatory authority of competent jurisdiction, or (vi) required to be disclosed by medicostores.com to its Client or its authorized agents or representatives in strict confidence.
All content on the Site including any copyright, patent, trademarks, product marks, logos and trade names, whether registered or unregistered, including but not limited to Medicostores.com.com, are proprietary to medicostores.com Private Limited or to other companies where so indicated. You may not publish, distribute, sell, reengineer, reproduce, download or otherwise use any such content without the prior written consent of the appropriate owner thereof. Under no circumstance you will acquire any ownership rights or other claim, interest or title in any content by or through your use of this Site.
15. Severability, Waiver, Entire Agreement
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Should any portion of this terms and conditions be found invalid by a court of competent jurisdiction, such portion shall be deemed as deleted and the remaining provisions of terms and conditions hereof shall continue in full force and effect.
The failure of medicostores.com to exercise or enforce any right or provision of the Terms and conditions shall not constitute a waiver of such right or provision.
These Terms and conditions constitute the entire agreement between you and medicostores.com and govern your use of the Site, superseding any prior agreements between you and medicostores.com (including, but not limited to, any prior versions of the Terms and conditions).
16. Jurisdiction, Governing Law & venue
This Site is hosted and operated by medicostores.com Private Ltd from the server in India. If you choose to access this Site from other locations you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized, is prohibited.
These Terms and conditions shall be governed by laws of India, without reference to its conflict of principles. Any claim or dispute between you and medicostores.com that arises in whole or in part in connection with this Agreement including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 and amendments thereto, which are deemed to be incorporated by reference in this clause. Arbitration shall be conducted in English, at Hyderabad, TN, India. Parties shall bear their own arbitration expenses.
You (Sellers/Buyers) are solely responsible for your interactions with other Users (Buyers/Sellers). medicostores.com reserves the right, but shall have no obligation, to monitor disputes between you and other Users. Buyers are required to lodge claim against Sellers concerned directly, for recovering their losses or damages in case there is any issue pertaining to the service. medicostores.com will not be a party to such User Disputes.
18.1 Force Majeure: The parties shall be released from their respective obligations in the event of natural calamities, national emergency, war, prohibitive governmental regulation or any other cause beyond the reasonable control of the parties. However, all payments/refunds due, have to be paid by the party concerned.
18.2 Assignment: You may not assign rights under this Agreement, to any third party, without medicostores.com prior written consent. Any such assignment or transfer without such consent, will make the assignment/transfer null and void. medicostores.com may assign or transfer its rights under this Agreement, at its sole discretion, without restriction, to provide the agreed services to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
18.3 Notice: Any notice required to be given or otherwise given pursuant to this Agreement by the parties concerned, shall be in writing and shall be sent through email, or hand delivered, mailed through Postal mail service, or delivered through courier service to the email ID/address mentioned in the website in case of medicostores.com and to the email ID/address provided by the user at the time of registration. In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.
If you have any complaints or require any clarifications regarding these Terms, please submit your complaints or queries via an email to firstname.lastname@example.org