Terms and Conditions

Welcome to www.madycal.com ("Madycal.com", "Madycal", "Website", "Pharmacy", or "we"). This Website is owned and operated by Sandzon India Private Limited, whose registered office is in Gujarat, India. And adress is 400, Patel Mohanbhai Maganbhai, at and post, mota vill. Kothasana tal. Satalasana, Mahesana, Gujarats, India 384330

1. What is Madycal.com

1.1 The domain name www.Madycal.com, an internet based portal, and Madycal, a mobile application, is owned and operated by Sandzon India Private Limited, whose registered office is in Gujarat, India, a company duly incorporated under the Pursuant to sub-section (2) of section 7 of the Companies Act, 2013 (18 of 2013) and rule 18 of the Companies (Incorporation) Rules, 2014] (hereinafter, referred to as “Madycal” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as “Website”.

1.2 Your access or use of the Website, transaction on the Website and use of Services hosted or managed remotely through the 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 Madycal on the other Part.

1.3 By accessing, browsing or in any way transacting on the 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 Madycal’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 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 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.

1.4 The 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 Madycal 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 Madycal 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.

1.5 You agree and acknowledge that the Website is a platform that Users and Sellers utilize to meet and interact with another for their transactions. Madycal 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.

1.6 The Company reserves the right to change or modify these Terms of Use or any policy or guideline of the 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 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 Website.

1.7 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 the reunder, 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.

1.8 Madycal 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 Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “Madycal Content”), are the property of Madycal and are protected under copyright, trademark and other laws. User shall not modify the Madycal Content or reproduce, display, publicly perform, distribute, or otherwise use the Madycal Content in any way for any public or commercial purpose or for personal gain.

1.9 Compliance with the Terms of Use would entitle the User to a personal, non-exclusive, nontransferable, limited privilege to access and transact on the Website.

1.10 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/ Creating an Account

2.1 For the purposes of transacting with Sellers through the Website, the Users are required to obtain registration, in accordance with the procedure established by Madycal in this regard. To use certain features of the Website (e.g., ordering Products, posting rating/reviews, receiving Madycal enewsletters), you must set up an account with Madycal.com (“Madycal Account”) and provide certain information about yourself as prompted by the Customer Information form, including, but not limited to name, personal particulars, telephonic contact details, e-mail address, mailing address, bank account details, debit card number, credit card number, expiration dates as well as certain other information which may need to be furnished or be available in User’s account to place orders. All of your registration information is protected by our Privacy Policy.

2.2 The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, undischarged insolvents etc. are not eligible to register on, or use/ access the Website.

2.3 By registering, accessing or using the Website, you accept the terms of this Terms of Use and represent and warrant to Madycal that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by its Terms of Use.

2.4 A registered id can only be utilized by the person whose details have been provided and Madycal 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 Website for the purposes of purchasing drugs or other pharmaceutical products or services, on behalf of such persons.

2.5 You agree and acknowledge that You would (a) create only one account; (b) You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information, in all their dealings through the 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; You may not transfer your account and you will be responsible for the activities associated with your Madycal Account (e) promptly notify Madycal if You discover or otherwise suspect any security breaches relating to the Website; and (f) take responsibility for all activities that occur under Your account and accept all risk of unauthorized access. Madycal.com will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials (g) It is your responsibility to keep your email address up-to-date on your account setup at Madycal.com so that we can communicate with you electronically. (h) In case any information provided by User, including any personal information or any information pertaining to Products ordered is false/incorrect/unclear, Madycal reserves its right, in its absolute discretion, to block/cancel/suspend the account of and take appropriate legal action against such a User. Madycal shall not be under any obligation to warn User before blocking/cancelling/suspending the account.

3. Privacy Policy

3.1 Madycal has duly formulated a policy on how the Company collects, uses and discloses personally identifiable information from its users (“Privacy Policy”). We understand the privacy of all information you provide is of a primary importance. This is why we do everything possible to use it carefully and sensibly. This information is never shared with other companies or third party service providers The Privacy Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same

4. Services and Use of Website

Platform to facilitate transaction of business

4.1 Madycal provides Services through the 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 Madycal and the 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. Madycal as 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.

4.2 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 Website by the Sellers shall strictly be a bipartite contract between the Seller and the User.

4.3 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. Madycal 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. Representation as to legal title

4.4 Madycal 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 Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with Madycal nor shall Madycal 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 Website and are the ultimate sellers.

4.5 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 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 Website. Possession and stocking

4.6 Madycal 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. Non-Performance of Contact

4.7 The User accepts and acknowledges the following:

Madycal 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 Website;

Madycal cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website;

Seller is solely responsible for ensuring that the goods or services offered for sale on the Website are kept in stock for successful fulfillment of orders received. Consequently, Madycal 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 Website at the time of placement of order by the User;

Madycal shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers. In particular, Madycal does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website;

Madycal may, at its sole discretion, suspend User’s ability to use or access the Website at any time while Madycal 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 Website in relation to such User, they can correct it themselves or contact Madycal immediately for such corrections. Madycal shall have no liability or responsibility in this regard.

Exhibition of drugs and publication of Content/ Information on the Website

4.8 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 Website.

4.9 The contents provided on the 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 Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.

4.10 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 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 Madycal provides no warranty or representation with respect to the authenticity/ veracity of the information provided in the Website and the Users must run their own independent check. The Users agree and acknowledge that Madycal 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 Website. The Users agree and acknowledge that it shall not hold Madycal responsible or liable for any damages arising out of such reliance on third party user generated content by the User.

Consulting a Registered Medical Practitioner

4.11 The content of the 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.

4.12 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 Website, in light of your individual needs and medical conditions. Reliance on any information appearing on the Website, whether provided by Madycal, its content providers, visitors to the Website or others, is solely at Your own risk, and Madycal shall not bear any liability for any loss/ injury that may arise due to Your reliance on any information published on the 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 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 Madycal shall have no liability in relation to the same.

4.13 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 Website. If you have or suspect that you have a medical problem or condition, please contact a Registered Medical Practitioner immediately.

Prescription Drugs

4.14 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 Website, the Users are required to upload a scanned copy of the prescription on the Website or email the same to Madycal. The order would not be internally processed and forwarded to the concerned Sellers by Madycal until it receives a copy of a valid prescription. Prescription is validates by our highly qualified and experienced Pharmacists. The Users are also required to make the prescription available at the time of receipt of delivery of Prescription Drugs.

4.15 Madycal 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. Madycal doesn’t dealing with any narcotics and psychotropic medicine and others drugs that violate governments guidelines.

Substitution of Prescribed Drugs

4.16 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

. 4.17 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.

Invitation to offer for sale

4.18 Notwithstanding anything else contained in any other part of Terms of Use, the listing of drugs and other pharmaceutical products on the 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, Madycal 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.

4.19 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.

Transfer of Property and Completion of Sale

4.20 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.

4.21 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.

4.22 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.

Delivery of Drugs

4.23 The goods shall be delivered by the Seller or independent contractors. The User accepts and acknowledges that the Seller or such other transporter/ courier/ delivery personnel, engaged by the Seller or Madycal, shall be independent contractors in-charge of the delivery 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.

4.24 The User further accepts and acknowledges that Madycal does not engage in the distribution of the concerned drugs or other pharmaceutical products, and may provide the services of a 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.

Compliance of Applicable Law

4.25 While communicating/ transacting with Sellers through the 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.

4.26 The Users must also ensure that the prescription uploaded on the Website or emailed to Madycal 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 Madycal, as a result of any dispensation of Prescription Drugs by the Seller owing to the non-compliance by the User in this regard.

5. Payment, Fees and Taxes

The Platform allows you to place order bookings and we will, subject to the terms and conditions set out herein, enable delivery of such order to you.

Madycal do not own, sell, resell on its own and/or do not control the Merchants or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.

As a general rule, all orders placed on the Platform are treated as confirmed.

However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.

In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that Madycal reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.

All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Madycal is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Madycal is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

You acknowledge and agree that we act as the Merchant's payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts, to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Platform.

You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms, using of the methods described. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

The final tax bill will be issued by the Merchant to the Buyer along with the order and Madycal is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Madycal holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.

The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Merchant and are listed based on Merchant's information. Very rarely, prices may change at the time of placing order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.

Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel such your order(s).

The Merchant shall be solely responsible for any warrantee/guarantee of the products sold to the Buyers and in no event shall be the responsibility of Madycal. The transaction is bilateral between the Merchant and Buyer and therefore, Madycal is not liable to charge or deposit any taxes applicable on such transaction.

5 Registration on the Website

Registration on the Website and the access to the information provided on the Website is free. Madycal does not charge any fee for accessing, browsing and buying through the 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 Madycal 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 Madycal .

6. Copyrights, Trademarks and other Intellectual Property Rights

As per the Terms and Conditions of Madycal.com, the Website grants access to Users/Customers to view the content solely for visiting, ordering, and communicating only. All materials in this Website, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Website are copyrights and/or other intellectual properties owned by Madycal Marketplace Limited. All other trademarks not owned by Madycal.com that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Madycal.com.

You hereby agree that you will not reproduce, duplicate or copy the content of Madycal.com for any purpose, unless you have been specifically permitted to do so in a separate agreement with this Website.

7. Covenants

7.1 You undertake that You shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that –

belongs to another person and to which the User does not have any right;

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

infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.

transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy for the time being in force;

impersonates another person;

The User/Customer shall be prohibited to introduce, post, or transmit any information or software, files which contains a virus, worm or other harmful components or programs designed to interrupt, destroy or limit the functionality of any computer resource;

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;

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.

7.2 The User is also prohibited from: violating or attempting to violate the integrity or security of the Website or any Madycal Content;

transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Madycal ;

intentionally submitting on the Website any incomplete, false or inaccurate information;

making any unsolicited communications to other Users;

using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

copying or duplicating in any manner any of the Madycal Content or other information available from the Website;

framing or hotlinking or deeplinking any Madycal Content.

7.3 Madycal, 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. Madycal hall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

7.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Madycal has the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.

Madycal does not endorse and is not responsible for any Submissions on its Website. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.

8. Liability

8.1 The User accepts and acknowledges that Madycal 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 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 Website. Madycal also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered.

8.2 The User further accepts and acknowledges that Madycal 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 Website, the Services, the Madycal Content, representations and warranties made by the Sellers or the content or information (provided by such Seller or obtained from the Manufacturers) on the Website or any opinion or suggestion given or expressed by Madycal or any Seller in relation to any User or Services provided by Madycal.

8.3 The Website may be linked to web pages and content of third parties, affiliates and business partners (collectively, Third Party Content”). Madycal 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 Madycal 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 Website does not imply that Madycal endorses the linked site. User may use the links and these services at User's own risk.

8.4 Madycal 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 Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User's sole remedy is to discontinue using the Website.

8.5 The listing of Sellers on the 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 Website.

8.6 To the maximum extent permitted by applicable law, Madycal, 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 Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such protected entity has been advised of the possibility of such damages.

8.7 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 Website.

8.8 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 Website exceed an aggregate amount of Rs. 1000. Madycal accepts no liability for any errors or omissions, whether on behalf of the Users or third parties.

9. Indemnity

9.1 You hereby agree to indemnify, defend, hold harmless Madycal.com and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defenses.

10. Modification of Website

10.1 Madycal reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that Madycal will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

11. Termination

11.1 The provisions of this Agreement shall continue to apply until terminated by either You or Madycal as set for below:

If You want to terminate this Agreement with Madycal, You may do so by:

not accessing the Website; or

closing Your accounts for all of the Services that You use.

Madycal 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

Madycal is unable to verify or authenticate any information provided to Madycal by You; or

Madycal believes, in its sole discretion, that Your actions may cause legal liability for Madycal (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or

Madycal 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 Madycal to provide the Services to You; or

The provision of the Services to you, or to the general public, is in Madycal’s opinion, no longer commercially viable; or

Madycal has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).

11.2 Madycal 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 Website or with respect to the Services; and (ii) barring You from further use or access of the Website or of any of the Services.

11.3 Once terminated or suspended (temporarily or permanently), You may not continue to use the Website under the same account, a different account or re-register under a new account.

11.4 Upon termination of this Agreement, Madycal 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).

11.5 The right to terminate/ suspend the account is in addition to, and without prejudice to, Madycal’s right to initiate action against the User, in accordance with Clause [•] (Damages) of the Terms of Use.

12. Force Majeure

12.1 The User accepts and acknowledges that Madycal 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 Madycal or the Seller’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Madycal 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.

13. Governing Law and Dispute Resolution .

13. This Agreement and any contractual obligation between Madycal 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 Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Delhi.

14. Survival

14. Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

15. Severability

15. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

16. Changes to these Terms and Conditions

16. We reserve the right to amend these terms and conditions from time to time without further notice to you. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the Website. It is your responsibility to review the Madycal Terms and Conditions regularly. Your continued use of the Website following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions. These Terms were published on 1/04/2020.

17. No Waiver

17. No failure on the part of Madycal.com to enforce any part of these Terms and Conditions shall constitute a waiver of any of Madycal’s rights under these Terms and Conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by Madycal or the reliance of any person on Madycal actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorised representative of Madycal.com shall have any legal effect whatsoever.

18. Contact Information

If any User has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at

care@Madycal.com If a User has any questions concerning Madycal, the Website, this Agreement, or anything related to any of the foregoing, Madycal can be reached at the following email address –

care@Madycal.com or via the contact information available from the following hyperlink: www.Madycal.com/ContactUs