Terms & Conditions

Terms and Conditions

Welcome to “Connect Medsolu Locally”. “Connect Medsolu Locally” is a Healthcare-Delivery Mobile Application, owned and operated by Medsolu (OPC) Private Limited (“Medsolu”), whose registered office is in RDB Boulevard, Plot K1, Sector V Block EP & GP, Salt Lake City, Kolkata, West Bengal, India.

 

The following are the Terms and Conditions, read together with “Connect Medsolu Locally’s other related documents such as Privacy Policy, Security Statement and Legal Disclaimer, that govern your usage of this App and/or purchases/ sales made thereunder, and thus constitute a legally binding agreement, between you the "User" and “Connect Medsolu Locally”, a fully licensed Healthcare Delivery App. 

 

By downloading and installing this App and/or by visiting, viewing, accessing, or otherwise using any of the services or information created, collected, compiled, or submitted to “Connect Medsolu Locally”, you are entering into a binding legal agreement with “Connect Medsolu Locally”. This agreement is governed by the following Terms and Conditions, which incorporate by reference all other binding documents as decided by the Company. You are requested to read these Terms carefully before accepting them and using the App. If you do not accept these Terms, please do not use the App.

 

The “Users” shall be aware that in terms of 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. Being generated by a computer system it does not require any physical or digital signatures. 

 

a.        For the purpose of these Terms of Service, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person who has downloaded and installed this Mobile Application (hereinafter referred to as ‘App’) and provided Registration Data while registering on the App. Also, any services provided by the App which do not require registration do not absolve you of the contractual relationship established by this Agreement.

 

b.        The “User(s)” may be any or all of the following :

Service Provider which term shall mean and include:

Service Recipient which term shall mean and include:

Caregivers who on behalf of a Service Recipient use this App.

 

1. CREATING AN ACCOUNT: 

 

1.1 To use certain features of the App (e.g., ordering Products, posting rating/reviews, receiving “Connect Medsolu Locally” newsletters), you must set up an account with “Connect Medsolu Locally") and provide such information about yourself as prompted by the User Information form, including, your name, gender, email address, account password, mobile phone number and billing/shipping address. All your registration information is protected as per our Privacy Policy. 

 

1.2 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. 

 

1.3 Your username and password of “Connect Medsolu Locally” Account are personal to you. You may not transfer your account you and you are solely responsible for protecting the confidentiality of your username and password. Any activity associated with your Connect Medsolu Locally Account will be deemed to have been done by you.

 

1.4 “Connect Medsolu Locally” will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorized use of your “Connect Medsolu Locally” account, you shall immediately notify at {support@medsolu.co.in}. 

 

1.5 It is your responsibility to keep your email address up-to-date on your account setup at “Connect Medsolu Locally” app so that we can communicate with you electronically. 

 

1.6 By creating this account you agree to receive transactional and/or promotional communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you shall notify us by email.

 

2. PRIVACY POLICY: 

 

2.1 Your personally identifiable information will be used in accordance with our Privacy Policy. To understand our practices, as to how we collect, use and disclose your personally identifiable information, please refer our Privacy Policy, which also governs your visit to “Connect Medsolu”. 

 

2.2 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. 

 

3. CONSENT FOR COMMUNICATIONS 

 

By using this App, it is deemed that you have consented to receiving calls, auto-dialed and/or pre-recorded messages or calls, from us at any time with the use of the telephone number that has been provided by you for the use of this App, subject to the Privacy Policy. This includes contacting you through information received through other parties as well as contacting other parties through the information you provide to us.

 

By using this App, you willfully signed up, or submitted your personal details in any of our forms and therefore consent to receive transactional and/or promotional emails/SMSs from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop the contact with us for the same, you may send us a mail to the effect at {support@medsolu.co.in}. 

 

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under other agreements, contracts and policies followed by us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies. 

 

The sharing of the information provided by you will be governed by the Privacy Policy. We will not give out your contact information to third parties not connected with the App and the services offered by it, and/or for any purpose not in furtherance of the activities and aims of the Company. Please refer to the 'Privacy Policy' for more information. 

 

4. SECURITY POLICY: 

 

All your transactions are secure when you place an order online at “Connect Medsolu”. Your personal information is encrypted by using 256-bit Secure Sockets Layer (SSL) encryption technology before being sent over the Internet, which ensures the privacy and high level of security of all your information. You may refer to our Security Statement. 

 

5. CUSTOMER MEMBERSHIP/USAGE/ELIGIBILITY: 

 

“Connect Medsolu locally” downloaded on your phone/ tablet or such devices is owned by us and reserves the right to modify or withdraw any part of the App or any of its content at any time without notice.  We may automatically upgrade the App and these Terms shall apply to the upgrades as well. We reserve the right to terminate this agreement without any notice and suspend the account without assigning any reason. 

 

In the event that, the user of this App is a person incompetent to contract or incompetent under the laws of the respective jurisdiction of this App, or an emancipated minor, then their legal guardian or representative, or parent of such a person, shall be deemed to be authorized to enter into this Agreement on their behalf. The legal guardian or representative, or parent of such a person, shall also be responsible for all obligations under this Agreement, including the payment of all fees and charges pending, if any. Such legal guardians or parents shall supervise the use of this App by the incompetent person or emancipated minor and agree to indemnify and hold “Connect Medsolu Locally” harmless from any claims or losses arising out of the use of the App by the incompetent person or emancipated minor, including payments to the Service Provider.

 

6. PRICE AND PAYMENT: 

 

6.1 All our charges include all applicable statutory taxes. 

 

6.2 We make every effort to make sure that the pricing and availability of Products on our App is accurate and up to date. However, rarely, there may be an error on the pricing display or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale. 

 

6.3 We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice. 

 

6.4 All payments made for services rendered on the App by you shall be in Indian Rupees when the App is used in India, and in the respective currencies corresponding to the location of use of the App.

 

6.5. Mandatory one-time fee:

 

The user shall be charged a mandatory one-time fee of INR 1 (Rupee One) in case of transaction from jurisdiction of India (or the relevant 1 unit in the currency of the user's country ), at the time of availing any service via the App for the First Time.  The mandatory one-time fee fixed will be the sole discretion of “Medsolu”, and the user shall have no right to object to the same.

 

6.6 “Delivery” and “Delivery Charges”:

 

Delivery is regulated as per the Service Providers’ Policies and may vary depending on the delivery location as well as the type of product/ Service you order via our App. 

 

“Connect Medsolu Locally” does not separately charge any “Delivery Charges”, however the Service Provider or the Delivery Agents may collect “Delivery Charges” in accordance with their Terms and Conditions, thus the users are advised to read and understand the Terms and Conditions of such Service Provider or the Delivery Agent, and place orders at their own risk.

 

6.7 You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or Cash on Delivery. 

 

6.8 Credit/Debit Card and Net Banking Payments are processed via our third-party online payment service partner Stripe or Razorpay, and Medsolu does not take responsibility for any payment gateway related issues if any.

 

6.9 While availing any of the payment methods, i.e., the third-party payment processing solutions available on the App, Medsolu will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: 

 

i. Lack of authorization for any transaction(s), or 

ii. Exceeding the preset limit mutually agreed by you and between ‘Bank(s)’, or 

iii. Any payment issues arising out of the transaction, or 

iv. Decline of transaction for any other reason(s). 

 

 

7. USE OF INFORMATION ON THE APP: 

 

7.1  Connect Medsolu Locally” is only a healthcare delivery App and does not establish a patient-doctor relationship. The information and services provided through this app are for informational purposes only and should not be taken as medical advice.

 

7.2 Users should always consult with their doctor or other qualified healthcare provider before making any decisions about your health or treatment.

 

7.3 The Users are advised to read our Legal Disclaimer which also governs your visit to “Connect Medsolu Locally”.

 

8. THIRD PARTY INFORMATION: 

 

8.1 The content on the App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’). The App may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as we are merely an intermediary for the purposes of those content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and we shall not be liable. The users may send as an email at {support@medsolu.co.in} to report any such content. 

 

8.2 Other than that when expressly allowed, any use of our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed. 

 

8.3 The Users are advised to read our Legal Disclaimer which also governs your visit to “Connect Medsolu Locally”.

 

9. USER CONTENT: 

 

9.1 The content that you upload or post will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include any content you provide and are not entitled to any payment or other compensation for such use. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this App, or stored on our servers, or hosted or published upon this App. 

 

9.2 Those posting any form of User content on the App must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the App, we have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the user posting such content, if we feel that there is a need to check such accuracy. We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, we can in no way be held liable for any false or misleading information. 

 

9.3 In case any content is considered to be unlawful or against the law within any jurisdiction in which our App can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same. 

 

10. USER OBLIGATIONS: 

 

You are a restricted user of this App. 

 

10.1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the App is not permitted. You shall not, nor allow third parties on your behalf to (i) make and distribute copies of the App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (iii) create derivative works of the App of any kind whatsoever. 

 

10.2. You agree not to access (or attempt to access) the App and/or the materials or Services by any means other than through the interface that is provided by the App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App. You acknowledge and agree that by accessing or using the App or Services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the App. Further, you may report such offensive content by sending us an e-mail to our official e-mail address. 

 

10.3. This App by nature allows you to upload information; you undertake to ensure that such material is in accordance with applicable laws. Further, you undertake not to: 

 

a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others; 

 

b) Engage in any activity that interferes with or disrupts access to the App or the Services (or the servers and networks which are connected to the App); 

 

c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

 

d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; 

 

e) Post any file that infringes the copyright, patent or trademark of other legal entities. 

 

f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App or another's computer; 

 

g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; 

 

h) Probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the App, or any other customer of the App, including any account not owned by you, to its source, or exploit the App or Service or information made available or offered by or through the App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the App; 

 

i) Disrupt or interfere with the security of, or otherwise cause harm to, the App, systems resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked sites; 

 

j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section. 

 

k) Use the App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this App or other third parties; 

 

l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; 

 

m) Violate any applicable laws or regulations for the time being in force within or outside India; 

 

n) Violate the Terms of Service including but not limited to any applicable Additional Terms of the App contained herein or elsewhere; 

 

o) violate such code of conduct or other guidelines, which may be applicable for or to any particular Service; 

 

p) Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. 

 

q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India; 

 

r) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. 

 

s) Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers; 

 

10.4 The users shall be aware of the following:

 

a)        While we shall not be held liable or answerable to Users for any such acts on your part, violation of this clause would lead to potential criminal legal action against you, either by other Users of the App or by us. 

 

b)        While “Connect Medsolu Locally” app creates a communication channel between “Seekers” and the “Donors”. We only help find compatible donors in the local area by maintaining a database. The app recommends the Seekers and the Donors to take the following precautions. “Seekers” to verify the details provided by the donor and follow the test requirements to ensure that the donor is a suitable blood donor; check and be satisfied with the details of the donor and the blood donation before receiving the blood. The App does not undertake any responsibility to inspect the blood donor and/ or the due process.

 

c)        By using this App, We are authorized to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. 

 

d)        We have no obligation, to monitor the material posted on the App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE APP. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the App. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. 

 

e)        The users undertake to abide if a decision is taken by “Medsolu” to ban/ terminate/ suspend/ restrict a user from using this App at any time and at the sole discretion. The Users agree that such decision taken by “Medsolu” is final and can not be challenged.

 

11. LEGAL DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY: 

 

11.1 All information, Products and services included on or otherwise made available to you through this App are provided by “Connect Medsolu locally” on an "as is" and "as available" basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this App is at your sole risk. 

 

11.2 Medsolu assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site. 

 

11.3 “Connect Medsolu locally” has exerted reasonable efforts to ensure that all information published on the App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the App at our sole discretion. 

 

11.4 “Connect Medsolu locally” cannot guarantee the adequacy, currency or completeness of the App content. “Connect Medsolu locally” does not warrant or endorse the effectiveness, quality or safety of the Products available on its App. 

 

11.5 We disclaim responsibility for any harm to persons resulting from any instructions or Products referred to in the App. “Connect Medsolu Locally” is not associated with any manufacturer of medicines or other products on the App. We do not warrant that the App, or its content will meet your requirements. 

 

11.6 Please note that while “Connect Medsolu locally” has made every effort to accurately display the colours of products on its App, the actual colour you see will depend on your monitor. We cannot guarantee that your monitor's display of any colour will be the same as the colour of the Products delivered to you. 

 

11.7 We may let you view our information and communicate with us through the Social Media services such as Facebook and X. “Connect Medsolu locally” explicitly disclaims any responsibility for the terms of use and privacy policies that govern these third-party websites, which are in no way associated with us. 

 

11.8 “Connect Medsolu locally” accepts no responsibility for any loss or damage suffered due to your reliance on the product reviews posted by the “Connect Medsolu” Users. 

 

11.9 “Connect Medsolu locally” accepts no responsibility for any loss or damage suffered due to your reliance on the blood donor space provided by the App including receiving the blood.

 

11.10 “Connect Medsolu locally” acting an connector-platform between user groups is committed to resolve in all disputes arising out of the financial transactions made using the application, but directly accepts no responsibility for any loss or damage suffered due to any conflict in financial loss in transaction between two user groups. All disputes or differences or concerns if any should be raised within 30 days as per agreements with the third party (Razorpay/ Stripe) of happening or non-happening of an event related to the very third party Services, except in case of unauthorised transactions in the payment process, which shall be reported by You as soon as You identify the issue and investigation for such disputes is subject to terms of use of respective third-party payment process.

 

12. APP AVAILABILITY: 

 

We take all reasonable care to ensure the availability of the Medsolu App 24 hours every day, 365 days per year. However, the App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. Medsolu does not warrant uninterrupted access to this App or any linked App. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our App. 

 

13. LINKS TO THIRD-PARTY WEBSITES: 

 

13.1 We provide links to third-party websites, our online third - party payment service partners, which process your Net Banking, Credit/ Debit Card and UPI payments, respectively. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such third party Website link. The users shall use the payment interface after agreeing to that Payment interface provider’s terms and conditions.

 

13.2 Third Party Links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by the “Medsolu” of any of the products, services or opinions of the corporation or organization or individual. The “Medsolu” bears no responsibility for the accuracy, legality, or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.

 

14. TERMS OF SERVICES BY THIS APP: 

 

14.1 “Connect Medsolu locally” may accept or decline any order placed by a Customer in its absolute discretion without liability to you. 

 

14.2 “Connect Medsolu locally” reserves the right to discontinue any program or offer on its App. 

 

14.3 We reserve the right, without prior notice, to limit the order quantity of any Product/ Services available on “Connect Medsolu locally”. 

 

15. PRESCRIPTION MEDICATION POLICY: 

 

15.1              Service Recipient who avails prescribed medicines by their healthcare professional via this App:

15.2              Service Provider who may be Pharmacists/ such other persons who sell the medicines to the users in this App:

 

16. CANCELLATION, RETURN AND REFUND POLICY: 

 

16.1 At “Connect Medsolu Locally”, we only connect you to the Service Recipients and Service Providers of healthcare. Thus, “Connect Medsolu Locally” does not regulate the “Cancellation”/”Return”/”Refund” of the service or products availed from the Service Provider via this App, who may have their own Return/Refund policy thus the users are advised to read and understand the return/refund policies of such Service Provider or the Delivery Agent, prior to placing the order and place orders at their own risk.

 

16.2 The refund/ return request should be made to the concerned service provider or the delivery agent and the process would be done by the service provider or the delivery agent. However, you can provide us the feedback to improve our services efficiently.

 

16.3 Any issues arising w.r.t return/ refund, Medsolu takes no responsibility for the same.

 

17. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS: 

 

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

 

17.2 You hereby agree that you will not reproduce, duplicate or copy the content of “Connect Medsolu Locally” for any purpose, unless you have been specifically permitted to do so in a separate agreement with this App. 

 

 

18. USER INDEMNIFICATION: 

 

You hereby agree to indemnify, defend, hold harmless Medsolu 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. 

 

19. COMPLIANCE WITH LAWS: 

 

The User of the App shall comply with all the applicable laws including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the App. 

 

20. APPLICABLE LAW AND JURISDICTION: 

 

These Terms and Conditions and your use of this App and its content will be governed by and construed in all respects in accordance with the laws of India subject to the jurisdictional courts of Kolkata, West Bengal. 

 

21. GRIEVANCE OFFICER:

 

In the unlikely event that you are not satisfied with a Customer Service resolution, we invite you to escalate the issue to our Grievance Officer.

In accordance with Information Technology (Intermediaries Guidelines) Rules 2011 and The Consumer Protection (E-Commerce) Rules 2020, made there under, the name and contact details of the Grievance Officer are provided below:

Mr.  Grievance Solver

Phone: 9127567599

E-mail: support@medsolu.co.in

 

22. DISPUTE RESOLUTION: 

 

These Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. Any failure of the App/ Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the App/Company, and all other provisions for which survival is equitable or appropriate. 

 

In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy, these Terms of Service shall prevail. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service shall prevail. 

 

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy. 

 

a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed here in below; 

 

b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Kolkata in the state of West-Bengal, India. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Kolkata shall have exclusive jurisdiction over any disputes arising between the Parties. 

 

23. SEVERABILITY: 

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. 

 

24. SUBMISSIONS: 

 

24.1 “Connect Medsolu Locally” reserves sole discretion to accept, edit or reject any and all materials you may send to us (collectively, "Submissions") as part of the features in the App, including but not limited to, Ratings & Reviews, and Testimonials. Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy. 

 

24.2 “Connect Medsolu Locally” shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. 

 

24.3 You also represent and warrant that your Submissions will not 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. 

 

24.4 The User/Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the “Connect Medsolu Locally” App. 

 

24.5 “Connect Medsolu Locally” does not endorse and is not responsible for any Submissions on its App. 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. 

 

25. INDEMNIFICATION AND LIMITATION OF LIABILITY:

 

You agree to indemnify, defend and hold harmless this app including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the app, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights. 

 

In no event shall we, or our officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the app, services or materials. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. 

 

26. TERMINATION: 

 

26.1 You agree that “Medsolu”, reserves the right to ban/ terminate/ suspend/ restrict a user from using this App at any time and at the sole discretion of “ Medsolu”, incase the user is:-

 

        i.            found to breach any of the Terms and Conditions of this App, including but not limited to;

       ii.            found guilty (after reasonable investigation and justification) based on negative feedbacks received from other Users; and/or

     iii.            found to misuse this App; and/or

     iv.            found to have provided us with false and inaccurate details, or we have reasonable reasons to believe that the User has done so

 

26.2 Users right to use the “Connect Medsolu Locally” App /Service immediately ceases upon termination of your access/use of the App. 

 

The aforesaid banning is in addition to other legal remedies available under applicable laws of Indian jurisdiction Indian for any claims or damages or to initiate any legal proceedings against the User.

 

27. CHANGES TO THESE TERMS AND CONDITIONS: 

 

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 App. It is your responsibility to review the “Connect Medsolu Locally” Terms and Conditions regularly. Your continued use of the App following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions. 

 

28. MISCELLANEOUS:

 

Your continued use of the App after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this App prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. 

 

We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires us or any of their assets. 

 

29.CONTACT INFORMATION: 

 

Please contact us for any questions or comments regarding these Terms and Conditions. 

Telephone number: 9127567599

E-mail: support@medsolu.co.in