Please read these terms of use carefully by accessing or using this internet based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this internet based platform.
1.The domain name www.mvrMVR Pharma Care.com, an internet based portal and MVR Pharma Care, a mobile application, is operated by MVR PHARMA CARE , a unit of MVR Cancer Centre & Research Institute (CARE FOUNDATION) under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as “MVR Pharma Care ” or “We” or “Our” or “Us” or “Company”) having Corporate Office: 1st Floor, Mankavu Greens, Mankavu-Mooriyad Road Azchavattom, Kozhikode ,Kerala - 673007, India with GSTIN (32AABAC1051D2ZO )and PAN (AABAC1051D). The domain name and the mobile application are collectively referred to as the “Website”.
2.Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the 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 (hereinafter referred to as “You” or “Your” or the “User”) on one part and MVR Pharma Care on the other Part.
3.By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions 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 these Terms of Use. However, if You navigate away from the Website to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such an event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.
4.The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies (“Third Party Pharmacies”) and by the Company; (ii) diagnostic services being offered by various third party diagnostic centres (“Third Party Labs”); (iii) online medical consultancy services/ second opinion being offered by third party independent doctors (“Medical Experts”); and (iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Pharmacies, Third Party Labs, Medical Experts and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information (“Information Services”) to the Users accessing the Website (The services of the Third Party Services Providers, sale of pharmaceutical products by the Company and the Information Services are collectively referred to as the “Services”).
5.The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, 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 You through various modes which shall include the issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between You and the Third Party Service Providers through the Website, MVR Pharma Care shall send to You (promotional content including but not limited to emailers, notifications and messages).
6.You agree and acknowledge that the Website is a platform that You and Third Party Service Providers utilise to meet and interact with another for their transactions.MVR Pharma Care is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third Party Service Providers.
7.MVR Pharma Care 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, provided however that, we will inform You of such changes at least once a year. 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.
8.As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to MVR Pharma Care that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
9.These Terms of Use is published in compliance of, and is governed by the provisions of
Indian laws, including but limited to:
1.The Indian Contract Act, 1872 (“Contract Act”);
2.The (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations,
guidelines and clarifications framed thereunder, including the (Indian) Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal
Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries
Guidelines) Rules, 2011 (“IG Guidelines”);
3.The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics
Rules, 1945 (“Drugs Rules”);
4.The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and
Magic Act”);
5.The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
6.Pharmacy Act, 1948 (“Pharmacy Act”) and
7.The Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules,
2020.
10.MVR Pharma care authorises You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by MVR Pharma Care including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“MVR Pharma Care Content”) (collectively, “Content”). The MVR Pharma Care Content is the property of MVR Pharma Care and is protected under copyright, trademark and other applicable law(s). You shall not modify the MVR Pharma Care Content or reproduce, display, publicly perform, distribute, or otherwise use the MVR Pharma Care Content in any way for any public or commercial purpose or for personal gain.
11.Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
12.These Terms of Use constitute an electronic record in terms of the IT Act and rules framed thereunder, 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.
1.For the purposes of availing the Services and/or transacting with the Third Party Service
Providers through the Website, You are required to obtain registration, in accordance with
the procedure established by MVR Pharma Care in this regard. As part of the registration
process, MVR Pharma Care may collect the following personal information from You:
1. Name;
2. User ID;
3. Email address;
4. Address (including country and ZIP/ postal code);
5. Gender;
6. Age;
7. Phone number;
8. Password chosen by the User;
9. Valid financial account information; and
10. Other details as You may volunteer.
11. 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, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to MVR Pharma Care 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 these Terms of Use.
12.A registered id can only be utilised by the person whose details have been provided and MVR Pharma Care does not permit multiple persons to share a single login/ 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 procuring the Services, on behalf of such persons.
13.Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.
14.You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify MVR Pharma Care if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorised access.
15.The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by MVR Pharma Care for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimising services to You, MVR Pharma Care may allow authorised third parties to place or recognize a unique cookie on the Your browser. MVR Pharma Care does not store personally identifiable information in the cookies.
16.MVR Pharma Care, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while MVR Pharma Care investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.
USE OF SERVICES AND THE WEBSITE
1.E-Commerce Platform for Pharmaceutical Products –
1.Platform to facilitate transaction of business:
1.Through the Website, MVR Pharma Care facilitates the purchase of drugs and other
pharmaceutical products, and services offered for sale by Third Party Pharmacies
(“Pharmaceutical Goods and Services”). You understand and agree that MVR Pharma Care
and the Website merely provide hosting services to You and person's browsing / visiting the
Website. All items offered for sale on the Website, and the content made available by the
Third Party Pharmacies, are third party user generated contents and third party products.
MVR Pharma Care has no control over such third party user generated contents and/
Pharmaceutical Goods and Services and does not - originate or initiate the transmission, or
select the sender/recipient of the transmission, or the information contained in such
transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services
made available by the Third Party Pharmacies through the Website shall be the sole
responsibility of the Third Party Pharmacies. You understand and agree that MVR Pharma
Care shall have no liability with respect to the authenticity of the Pharmaceutical Goods and
Services being facilitated through the Website.
2.You understand and agree that all commercial / contractual terms, with respect to the sale/
purchase/ delivery and consumption of the Pharmaceutical Goods and Services which are
offered by and agreed to between You and the Third Party Pharmacies and the contract for
purchase of any of the Pharmaceutical Goods and Services, which are offered for sale on
the Website by the Third Party Pharmacies shall strictly be a bipartite contract between the
Third Party Pharmacies and You.
3.The commercial / contractual terms include without limitation - price, shipping costs,
payment methods, payment terms, date, period and mode of delivery, warranties related to
Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies, and
after sales services related to such Pharmaceutical Goods and Services are as provided by
the Third Party Pharmacies.MVR Pharma Care 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 You and the Third Party
Pharmacies.
2.Representation as to legal title
1.MVR Pharma Care does not make any representation or warranty as to the legal title of
the Pharmaceutical Goods and Services offered for sale by the Third Party Pharmacies on
the Website.
2.At no time shall any right, title, claim or interest in the products sold through or displayed
on the Website vest with MVR Pharma Care nor shall MVR Pharma Care have any
obligations or liabilities in respect of any transactions on the Website. You agree and
acknowledge that the ownership of the inventory of such Pharmaceutical Goods and
Services shall always vest with the Third Party Pharmacies, who are advertising or offering
them for sale on the Website and are the ultimate sellers.
3.You agree and acknowledge that the Third Party Pharmacies shall be solely responsible
for any claim/ liability/ damages that may arise in the event it is discovered that such Third
Party Pharmacies do not have the sole and exclusive legal ownership over the
Pharmaceutical Goods and Services that have been offered for sale on the Website by such
Third Party Pharmacies, or did not have the absolute right, title and authority to deal in and
offer for sale such Pharmaceutical Goods and Services on the Website.
3.Non-Performance of Contract
1.You accept and acknowledge the following:
2.MVR Pharma Care is not responsible for any unsatisfactory, delayed, non-performance or
breach of the contract entered into between You and the Third Party Pharmacies for
purchase and sale of goods or services offered by such Third Party Pharmacies on the
Website;
3.MVR Pharma Care cannot and does not guarantee that the concerned Third Party
Pharmacies will perform any transaction concluded on the Website;
4.The Third Party Pharmacy(s) are solely responsible for ensuring that the Pharmaceutical
Goods and Services offered for sale on the Website are kept in stock for successful
fulfilment of orders received. Consequently, MVR Pharma Care is not responsible if the Third
Party Pharmacy(s) does not satisfy the contract for sale of Pharmaceutical Goods and
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 You; and
5.MVR Pharma Care shall not and is not required to mediate or resolve any dispute or
disagreement between You and Third Party Pharmacies. In particular, MVR Pharma Care
does not implicitly or explicitly support or endorse the sale or purchase of any items or
services on the Website.MVR Pharma Care shall, on a request in writing made by You after
the purchase of any Pharmaceutical Goods and Services on the Website, provide You with
information regarding the Third Party Pharmacies from which You have made such
purchase, including the principal geographic address of its headquarters and all branches,
name and details of its website, its email address and any other information necessary for
communication with the Third Party Pharmacy for dispute resolution.
4.Exhibition of drugs and publication of Third Party Pharmacies content on the Website
1.You agree and acknowledge that the respective Third Party Pharmacies are exhibiting
Third Party Content which includes catalogue of drugs/ pharmaceutical products or services,
and information in relation to such drugs/ pharmaceutical products or services, on the
Website.
2.The Third Party Content available on the Website, including without limitation, text, copy,
audio, video, photographs, illustrations, graphics and other visuals, is for general information
purposes only and does not constitute either an advertisement/ promotion of any drug being
offered for sale by the Third Party Pharmacies on the Website or any professional medical
advice, diagnosis, treatment or recommendations of any kind.
3.You acknowledge and agree that such Third Party Pharmacies shall be solely responsible
for ensuring that such Third Party Content made available regarding the Pharmaceutical
Goods and Services offered for sale on the Website, are not misleading and describe the
actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely
the responsibility of the concerned Third Party Pharmacy(s) to ensure that all such
information is accurate in all respects and there is no exaggeration or over emphasis on the
specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any
manner. You acknowledge and understand that MVR Pharma Care provides no warranty or
representation with respect to the authenticity/ veracity of the information provided on the
Website and You must run Your own independent check. You agree and acknowledge that
MVR Pharma Care has not played any role in the ascertainment of the actual impact/ effect
of any Pharmaceutical Goods and Services being offered for sale by the Third Party
Pharmacies on the Website. Further, it is hereby clarified that the Third Party Pharmacies
are offering the Pharmaceutical Goods and Services for sale to You and they are responsible
for procuring the appropriate licences for the same under the Drugs Act read with the Drug
rules and the Pharmacy Act. You agree and acknowledge that You shall not hold MVR
Pharma Care responsible or liable for any damages arising out of such reliance on third
party user generated content by You.
5.Prescription Drugs
1.The Website is a platform that can be used by the Users to purchase various drugs and
pharmaceutical products that requires a valid medical prescription issued by a medical
expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such
medicine (“Prescription Drugs”), offered for sale on the Website by Third Party Pharmacies.
In order to purchase Prescription Drugs from Third Party Pharmacies through the Website,
You are required to upload a scanned copy of the valid prescription on the Website or email
the same to MVR Pharma Care .The order would not be processed and forwarded to the
concerned Third Party Pharmacy(s) by MVR Pharma Care until it receives a copy of a valid
prescription. Third Party Pharmacies will verify the prescription forwarded by You and in case
of Third Party Pharmacy(s) observe any discrepancy in the prescription uploaded by You,
the Third Party Pharmacy(s) will cancel the order immediately. You are also required to make
the original prescription available at the time of receipt of delivery of Prescription Drugs. You
shall allow the delivery agent to stamp the original prescription at the time of medicine
delivery failing which medicines will not be delivered.
2.MVR Pharma Care shall maintain a record of all the prescriptions uploaded by the Users.
6.Substitution of Prescribed Drugs
1.You acknowledge and accept that the order for a substitute of a Prescription Drug would
only be processed if the medical expert/ doctor has himself/ herself permitted for any other
equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription
or if the prescription solely lists the salt names instead of a specific brand name.
2.You further acknowledge and accept that, in the absence of the above, the concerned
Third Party Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
7.Invitation to offer for sale
1.Notwithstanding anything else contained in any other part of these Terms of Use, the listing
of drugs and other pharmaceutical products on the Website by the Third Party Pharmacies is
merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order
by You shall constitute an offer by You to enter into an agreement with the Third Party
Pharmacies (“Offer”). Post the Offer from the Third Party Pharmacies, MVR Pharma Care
shall send an email to You with the information on the Offer along with the details of the
concerned Third Party Pharmacy(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 Third Party Pharmacy(s) after the validation/ verification of the
prescription by such Third Party Pharmacy (in case of Prescription Drugs) and the
ascertainment of the available stock in the relevant Third Party Pharmacy(s) (in the case of
prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email
to be sent to You.
2.For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/
offered for sale by the Third Party Pharmacy’, as appearing in these Terms of Use, shall be
construed solely as an ‘invitation to offer for sale’ by any such Third Party Pharmacy
8.Transfer of Property and Completion of Sale
1.Upon acceptance of the Offer by the concerned Third Party Pharmacy (being the brick and
mortar pharmacy, the Pharmaceutical Drugs and Services would be dispensed at the
pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall
also take place under the direct/ personal supervision of the pharmacist of the Third Party
Pharmacy, wherever required under the applicable law(s).
2.You agree and acknowledge that the property and title in the Pharmaceutical Drugs and
Services ordered by You shall stand immediately transferred to You upon the dispensation of
Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third
Party Pharmacy. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at
the concerned Third Party Pharmacy itself.
3.The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be
delivered to You shall be issued by the concerned Third Party Pharmacy (being the brick and
mortar pharmacy) which is to process and satisfy the order for such Pharmaceutical Drugs
and Services.
9.Delivery of Drugs
1.You agree to appoint an individual who shall act in the capacity of Your agent and collect
the medicines as requested by You from Third Party Pharmacy on Your behalf ("User
Agent"). You accept and acknowledge that the User Agent shall be responsible to collect the
medicines ordered by You from the Third Party Pharmacy and to carry it to the address
notified by You.
2.You further agree and acknowledge that the User Agent acts as Your agent for collecting
the medicines from the Third Party Pharmacy. The services are being undertaken by User
Agent with Your consent and therefore the Company is merely facilitating for You and Users
Agent to connect.
10.Advertising Guidelines for the Website –
1.As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to
place advertisements on the Website. Accordingly, there are guidelines (as listed herein
below) which the Third Party Advertisers have to follow for placing such advertisements (the
“Advertising Policy”).
1.For the Users: MVR Pharma Care clearly distinguishes between the editorial content and
content that is created or provided by one of Our Third Party Advertisers. The
advertisements will be labelled as "sponsored", "from our Advertisers" or "advertisement".
This content will not be reviewed by Our in-house editorial staff and shall not be subject to
Our editorial policy (as set out herein below) but shall be subject to the Advertising Policy,
these Terms of Use (except the editorial policy) and the Privacy Policy.
2.For the Third Party Advertisers: The Third Party Advertisers must be honest about the
products or services their advertisements promote; the advertisement shall not create
unrealistic expectations and must not be misleading or offending; must be responsible and of
the highest standards and without compromising the consumer protection. The Advertising
Policy applies to all the advertisements, listed or sought to be listed, on the Website.
3.General Rules: All the advertisements must comply with the Advertising Policy, the terms
of these Terms of Use (except the editorial policy) and the Privacy Policy. MVR Pharma Care may, at any time and without having to serve any prior notice to the Third Party Advertisers,
(i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it
may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of
Use and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such
cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the
Privacy Policy, from time to time. Such change shall be made applicable when they are
posted. MVR Pharma Care may also alter or remove any content from the Website without
notice and without liability. The Third Party Advertisers are also responsible for ensuring that
their advertisements comply with all applicable law(s) in India and any other jurisdiction that
such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in
each geographic area where the advertisements will run. All disclosures in the
advertisements must be clear and conspicuous.
4.Review: All the advertisements are subject to the review and approval of MVR Pharma
Care . MVR Pharma Care reserves the right to reject or remove any advertisement in its sole
discretion for any reason. Further, MVR Pharma Care also reserves the right to request
modifications to any advertisement, and to require factual substantiation for any claim made
in an advertisement.
5.Prohibited Content: The advertisements must not infringe the intellectual property, privacy,
publicity, copyright, or other legal rights of any person or entity. The advertisements must not
be false, misleading, fraudulent, defamatory, or deceptive.
The following advertisement content is prohibited:
1.Content that demeans, degrades, or shows hate toward a particular race, gender, culture,
country, belief, or toward any member of a protected class;
2.Content depicting nudity, sexual behaviour, or obscene gestures;
3.Content depicting drug use;
4.Content depicting excessive violence, including the harming of animals;
5.Shocking, sensational, or disrespectful content;
6.Deceptive, false or misleading content, including deceptive claims, offers, or business
practices;
7.Content that directs users to phishing links, malware, or similarly harmful codes or sites;
and
8.Content that deceives the Users into providing personal information without their
knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse
that personal information; and
9.Content that violates any law for the time being in force.
6.Prohibited Advertisements: Advertisements for the following products and services are
prohibited:
1.Cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
2.Products or services that bypass copyright protection, such as software or cable signal
descramblers;
3.Products or services principally dedicated to selling counterfeit goods or engaging in
copyright piracy;
4.Get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
5.Illegal or recreational drugs or drug paraphernalia;
6.Counterfeit, fake or bootleg products, or replicas or imitations of designer products;
7.Firearms, weapons, ammunition, or accessories;
8.Advertisements that promote particular securities or that provide or allege to provide
insider tips;
9.Any illegal conduct, product, or enterprise;
10.Prescription drugs;
11.Products that have been subject to any government or regulatory action or warning;
12.Products with names that are confusingly similar to an unapproved pharmaceutical or
supplement or controlled substance; and
13.Material that directly advertises products to or is intended to attract children under the
age of 13.
7.Prohibited Advertisements under the Drugs and Magic Act:
1).Subject to the provisions of the Drugs and Magic Act, no person shall take any part in the
publication of any advertisement referring to any drug which suggest or are calculated to
lead to the use of that drug for –
1.The procurement of miscarriage in women or prevention of conception in women; or
2.The maintenance or improvement of the capacity of human beings for sexual pleasure; or
3.The correction of menstrual disorder in women; or
4.The diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or
condition specified in the schedule of the Drugs and Magic Act, or any other disease,
disorder or condition (by whatever name called) which may be specified in the rules made
under the Drugs and Magic Act; or provided that no such rule shall be made except, – (i) in
respect of any disease, disorder or condition which requires timely treatment in consultation
with a doctor or for which there are normally no accepted remedies; or
5.Prohibition of misleading advertisements relating to drugs;
6.Subject to the provisions of the Drugs and Magic Act, no person shall take any part in the
publication of any advertisement relating to a drug if the advertisement contains any matters
which:
1.directly or indirectly gives a false impression regarding the true character of the drug; or
2.makes a false claim for the drug; or
3.is otherwise false or misleading in any material particular.
2).It is hereby clarified that the Third Party Advertisers will comply with all the provisions of
the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third
Party Advertisers shall be solely responsible for any penalty or any action taken by the
governmental authorities for non-compliance with the Drugs and Magic Act and the rules
made thereunder.
8.Restricted Advertisements: Advertisements in the following categories are restricted and
require approval on a case-by-case basis:
1.Advertisements that promote or reference alcohol;
2.Advertisements for online dating services;
3.Advertisements for gambling and games of skill;
4.Advertisements for lotteries;
5.Advertisements for financial services;
6.Advertisements for contraceptives;
7.Advertisements for online pharmacies or pharmaceuticals; and
8.Political advertisements.
9.Testimonials & Endorsements:
1.Any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid; 2.MVR Pharma Care recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and 3.A click on an advertisement may only link the User to the website of the Third Party Advertiser(s).
11.Editorial Policy for the Website –
1.As part of the Services, MVR Pharma Care provides Content on the Website targeted at
the general public for informational purposes only and does not constitute professional
medical advice, diagnosis, treatment or recommendations of any kind. MVR Pharma Care
Content is subject to the following rules/ information:
1.MVR Pharma Care Content is original and is relevant to the general public;
2.Topics for MVR Pharma Care Content are selected by Our board of qualified experts
consisting of certified medical experts, pharmacist and medical professionals;
3.Topics for MVR Pharma Care Content are chosen on the basis of current health news,
drug alerts, new drug launches, latest medical findings published in peer-reviewed medical
journals
4.Editorial board (as mentioned below) takes into account the latest trending health and
wellness topics like dengue, swine flu, seasonal allergies, new vaccines, public awareness
trends like breast cancer awareness month," and ‘Healthy Heart Month’; as well as emerging
health and nutrition trends like health benefits quinoa, use of BGR 34 for managing diabetes,
alternative medicine like ayurveda, homoeopathy and much more;
5.MVR Pharma Care maintains principles of fairness, accuracy, objectivity, and responsible,
independent reporting;
6.The member of MVR Pharma Care has to fully disclose any potential conflict of interest
with any of the Third Party Service Providers;
7.MVR Pharma Care editorial staff holds the responsibility of providing objective, accurate,
and balanced accounts of events and issues; and
8.MVR Pharma Care editorial board constitutes of:
Reputed doctors in MVR Cancer and research institute
1. Diagnostics Services –
1. As a condition of Your use of and access to the diagnostic services provided through
the Website and Your acceptance of these Terms of Use, You are subject to the following
rules/ guidelines:
1. Terms for use of the Diagnostic Services:
1. MVR Pharma Care provides Services through the Website as a marketplace and
facilitates the Users to avail diagnostic test/ packages facilities offered by Third Party Labs
through the Website. MVR Pharma Care is not and shall not be responsible for any sample
collected, tests conducted and reports generated by the Third Party Labs and does not deal
with any of Third Party Labs’ clients or patients managed by Third Party Labs through the
Website and only provides facilitation Services to the Users through the Website. Use of the
Website may require the Third Party Labs to use software and the Third Party Labs have to
ensure the procurement of such software from the concerned providers. User and the Third Party Labs agree to use the Website and the materials provided therein only for purposes
that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or
generally accepted practices or guidelines in the relevant jurisdictions.
2. The Third Party Labs may not access the Services if the Third Party Labs are MVR
Pharma Care’s direct competitor, except with MVR Pharma Care prior written consent. In
addition, the Third Party Labs may not access the Services for purposes of monitoring their
availability, performance or functionality, or for any other benchmarking or competitive
purposes.
3. MVR Pharma Care will provide to the Third Party Labs basic support for the Services
at no additional charge, and/or upgraded support if purchased separately and will use
commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day,
7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by
circumstances beyond MVR Pharma Care’s reasonable control, including without limitation
Force Majeure Events (as defined herein below). MVR Pharma Care will provide the
Services only in accordance with applicable law(s) and government regulations.
4. The Services may be subject to certain limitations, such as, limits on disk storage
space, on the number of calls Third Party Labs are permitted to make against MVR Pharma
Care application programming interface, and, other limitations dependent on the Third Party
Labs plan, for example, number of SMS, or number of Users. Any such limitations are
specified in the Third Party Labs’ plans. The Services provide real-time information to enable
Third Party Labs to monitor such Third Party Labs’ compliance with such limitations.
5. Notwithstanding anything to the contrary contained herein, Third Party Labs alone
shall be liable for Third Party Labs’ dealings and interaction with the Users who avail the
services of the Third Party Labs or diagnostic centres contacted or managed through the
Website and MVR Pharma Care shall have no liability or responsibility in this regard. MVR
Pharma Care does not guarantee or make any representation with respect to the
correctness, completeness or accuracy of the information or details provided by such User,
Third Party Labs or any diagnostic centre or any third party through the Website. The
Services should not be used for emergency appointment purposes.
6. Notwithstanding anything to the contrary contained herein, Third Party Labs alone
shall be liable for dealings and interaction with Users contacted or managed through the
Website and MVR Pharma Care shall have no liability or responsibility in this regard. MVR
Pharma Care does not guarantee or make any representation with respect to the
correctness, completeness or accuracy of the tests conducted and reports generated by the
Third Party Labs.
7. MVR Pharma Care may, at its sole discretion, suspend Third Party Labs or Users
ability to use or access the Website at any time while MVR Pharma Care investigates
complaints or alleged violations of these Terms of Use, or for any other reason. MVR
Pharma Care has the right to edit profiles of Third Party Labs to make them more suitable for
package searches on the Website. If Third Party Labs and/ or Users find any wrong
information on the Website in relation to such Third Party Labs and/ or User, they can correct
it themselves or contact MVR Pharma Care immediately for such corrections. MVR Pharma
Care shall have no liability or responsibility in this regard.
2. Terms for use of the Online Doctor Consultancy Services:
1. MVR Pharma Care is an online health platform that provides a variety of online and
online-linked health products and services to the Users for health related information and
resources. Whenever We use the words "Your physician" or "Your doctor" or "healthcare
provider" or similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual, mutually acknowledged, doctor-patient
relationship. MVR Pharma Care’s Medical Experts are not "Your" physician or healthcare
provider.
2. NO DOCTOR-PATIENT RELATIONSHIP: MVR Pharma Care does not replace Your
relationship with physician or healthcare provider. The information interpreted SHOULD NOT
be relied upon as a substitute for sound professional medical advice, evaluation or care from
Your physician or other qualified healthcare provider.
3. You acknowledge that the Medical Experts empanelled with Us are independent
contractors and thereby MVR Pharma Care has an independent contractor relationship with
such Medical Experts and therefore in no event MVR Pharma Care will be directly or
vicariously liable for any advice or medical consultancy or any loss arising therefrom that the
Medical Experts may provide to You or You may avail as part of the Services.
4. You acknowledge that the e-prescription which may be issued by the medical
expert(s), in certain events, is not a valid prescription under applicable law(s) of India and
may not be used for dispensation of medicines by any pharmacist including the Third Party
Pharmacies. You further agree and acknowledge that if You request us to process the
e-prescription or any form of prescription (whether original or scanned copy of the original
prescription) for facilitation of medicine orders, then we will only act as an aggregator and
assume no responsibility and/ or liability in relation to the dispensation of the medicines,
which shall at all times be at your sole risk and the sole responsibility of the Third Party
Pharmacies supplying the medicines to you.
5. You acknowledge that although some of the content, text, data, graphics, images,
information, suggestions, guidance, and other material (collectively, “Information”) that is
provided to You on the Website (including Information provided in direct response to Your
questions or postings) may be provided by individuals in the medical profession, the
provision of such Information does not create a doctor/medical professional-patient
relationship, but is provided to inform You on various medical conditions, medical diagnosis
and treatment and it does not constitute a direct medical diagnosis, treatment or prescription.
Everything on the Website should be used for information purposes only.
6. MVR Pharma Care is designed to support the health decisions and choices that You
make. These decisions and choices are Yours, and We believe that You, in connection with
the advice You receive from Your doctor or other professional healthcare provider, are the
best decision maker about Your health. We cannot make decisions for you. However, what
We can do is help You find good health information and connect with doctors for in-person
information. On MVR Pharma Care You can ask and find informational questions and related
educational answers by Medical Experts. The Website is not a place for the practice of
medicine, but Medical Experts on the Website can be a resource for reliable, relevant
general health information.
7. Even if Your real life doctor is on MVR Pharma Care , personal medical advice,
treatment or diagnosis are not permitted through the Website, and by using the Website You
agree not to solicit these or use any information as if it were personal advice, treatment, or
diagnosis. Whenever You want personal medical advice, treatment, or diagnosis, You should
contact Your physician or professional healthcare provider and see them in person.
8. We do not recommend or endorse any specific Medical Expert(s), tests, products,
procedures, opinions, or other information that may be mentioned on the Website. Reliance
on any information provided on the Website is solely at Your own risk. In case of any medical
emergency, kindly contact Your nearest doctor/hospital or any related helpline.
9. The Services are not for use in medical emergencies or for critical health situations
requiring prompt medical attention. The Services are not intended to be real-time and may
not be the best solution when a face-to-face consultation is a must and therefore We
strongly discourage any delay in seeking advice from Your doctor on account of something
that You may have heard/viewed on the Website. You take full responsibility for ensuring that
the information submitted is accurate and MVR Pharma Care shall not make any effort to
validate any information provided by You for using the Services with respect to content,
correctness or usability. We, with an intention to provide the best services possible could ask
You to share more information as and when needed.
10. The opinions, statements, answers and tele-consultations (collectively “Consultation”)
provided by the Medical Experts through the Website are solely the individual and
independent opinions and statements of such Medical Experts and do not reflect the
opinions of MVR Pharma Care , its affiliates or any other organizations or institutions to
which such Medical Expert or such specialist or professional is affiliated or provides
services. MVR Pharma Care does not recommend or endorse any specific tests, physicians,
products, procedures, opinions, or other information that may be mentioned on the Website
or by a licensee of MVR Pharma Care.
11. The inclusion of professionals, specialists and/ or Medical Experts on the Website or
in any professional directory on the Website does not imply recommendation or
endorsement of such specialists and/ or Medical Experts nor is such information intended as
a tool for verifying the credentials, qualifications, or abilities of any specialists and/ or
Medical Experts contained therein. Such information is provided on an ‘as-is’ basis and MVR
Pharma Care disclaims all warranties, either express or implied, including but not limited to
the implied warranties of merchantability and fitness for particular purpose.
12. MVR Pharma Care (the owners and the employee staff of MVR Pharma Care ),
Medical Experts and third-party professionals who offer the Services through the Website
accept no responsibility for any medical, legal or financial events or outcomes related to the
Services availed through the use of the Website.
13. MVR Pharma Care makes no warranty that the Services will meet Your requirements,
or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of
data or any service interruption caused by MVR Pharma Care employees. MVR Pharma
Care is not responsible for transmission errors, corruption of data.
14. MVR Pharma Care is for personal use and the Services are for individuals to use for
supporting their personal health decisions. You may use the Website for personal, but not for
commercial, purposes.
15. The Website may not be used for illegal purposes. The Information and Services may
not be used for any illegal purpose. You may not access our networks, computers, or the
Information and Services in any manner that could damage, disable, overburden, or impair
them, or interfere with any other person's use and enjoyment. You may not attempt to gain
unauthorized access to any Information or Services, other accounts, computer systems, or
networks connected with the Website, the Information, or Services. You may not use any
automated means (such as a scraper) to access the Website, the Information, or Services
for any purpose. Such unauthorized access includes, but is not limited to, using another
person’s login credentials to access his or her MVR Pharma Care profile/ account. Any
attempt by any individual or entity to solicit login information of any other user or Medical
Expert or to access any such account is an express and direct violation of these Terms of
Use and of applicable law(s), including relevant privacy and security laws and laws
prohibiting unfair or unethical business practices.
16. Your right to use the Services is not transferable.
17. Notwithstanding anything to the contrary contained herein, You alone shall be liable
for Your dealings and interaction with patients or Medical Experts (as the case may be)
contacted or managed through the Website and MVR Pharma Care shall have no liability or
responsibility in this regard. MVR Pharma Care does not guarantee or make any
representation with respect to the correctness, completeness or accuracy of the Information
or detail provided by such client, patient, User, Medical Experts or any third party through the
Website. The Services should not be used for emergency appointment purposes.
18. The exchanges between the Medical Experts and the patient through the chat
window or over telephone (as the case maybe) and the e-prescription would be accessible to
MVR Pharma Care for the purposes of monitoring the quality of the consultation.
19. MVR Pharma Care may, at its sole discretion, suspend User’s or Medical Expert’s
ability to use or access the Website at any time while MVR Pharma Care investigates
complaints or alleged violations of these Terms of Use, or for any other reason. MVR
Pharma Care has the right to edit profiles of Medical Experts to make them more suitable for
patient/ Users searches on the Website.
20. The Services should not be depended upon and should not be treated as a
replacement for obtaining consultation for diseases as the consultation provided through the
Website is generic in the approach and shall not and cannot act as a substitute for physical
consultation with a doctor. Also the Consultations provided through the Website are not
diagnostic in nature.
1. Risks of using MVR Pharma Care ’s Services
1. As with any medical procedure, there are potential risks associated with using the
Services. By using the Services, You agree to abide by these Terms of Use, Privacy Policy
and risks described below. These risks include, but may not be limited to:
1. While the Website is an honest attempt to provide access to the best possible
medical information to the Users, the Medical Experts will not be examining You physically.
The Medical Experts may not have access to all or some of Your medical history that might
be critical to consult You. The Medical Experts will not have the benefit of information that
would be obtained by examining You in person, observing Your physical condition and by
going through Your medical records. This means that the Services provided is different from
the diagnostic and treatment services typically decided by a physician. Therefore, the
Medical Experts may not be aware of facts or information that would affect his or her opinion
of Your diagnosis. To reduce the risk of this limitation, MVR Pharma Care strongly
encourages You to be in touch with an on-ground physician and share the MVR Pharma
Care ’s opinion with him/her.
2. By requesting a medical opinion through the Website, You acknowledge and agree
that:
1. the advice/information/opinion on diagnosis You may receive could be limited and
provisional;
2. the medical opinion is not intended to replace a face-to-face visit with a physician and
it does replace an actual doctor-patient relationship;
3. in case of a second opinion where there is a difference of opinion among Our
Medical Experts and Your physician, You would bear the responsibility to decide on online or
offline consultation, or procedure, and/or treatment;
4. the Medical Expert is reliant on information provided by You and hence any
information demonstrated to have been falsified, misleading or incomplete will immediately
render the opinion and all details therein null and void;
5. in some cases, the Medical Expert may determine that the transmitted information is
of inadequate quality and may ask for more information, without which he/she may refuse to
answer the query;
6. in rare cases, the Medical Experts may feel that the query may not be answerable
without physically examining the patient/ Users and the Consultation may be refused
forthwith;
7. in very rare instances, security protocols could fail, causing a breach of privacy of
personal medical information; and
8. delays in medical evaluation and answers could occur due to deficiencies or failures
of the service as per those mentioned in these Terms of Use.
1. Your Profile, Collection, Use, Storage and Transfer of Personal Information:
1. Your MVR Pharma Care profile is created to store record of Your Consultations and
Your personal health information online, including history, health conditions, allergies and
medications.
2. Any information provided as part of a web Consultation or obtained from use of the
Services by You becomes part of Your MVR Pharma Care record. You agree to provide
accurate information to help Us serve You best to Our knowledge, to periodically review such
information and to update such information as and when necessary. MVR Pharma Care
reserves the right to maintain, delete or destroy all communications and materials posted or
uploaded to the Website according to its internal record retention and/or destruction policies.
You might be contacted via email to review the information provided by You for MVR Pharma
Care’s record or for the Services. Please make sure You provide a valid email-id and You
update it as and when needed.
3. For additional information regarding use of information about You, please refer to the
Privacy Policy.
4. The terms “personal information” and “sensitive personal data or information” are
defined under the Information Technology (Reasonable Security Practices and Procedures
and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in
the Privacy Policy.
1. The Privacy Policy sets out:
1. the type of information collected from Users, including sensitive personal data or
information;
2. the purpose, means and modes of usage of such information; and
3. how and to whom MVR Pharma Care will disclose such information.
2. The Users are expected to read and understand the Privacy Policy, so as to ensure
that he or she has the knowledge of:
1. the fact that the information is being collected;
2. the purpose for which the information is being collected;
3. the intended recipients of the information;
4. the name and address of the agency that is collecting the information and the agency
that will retain the information; and
5. the various rights available to such Users in respect of such information.
5. MVR Pharma Care shall not be responsible in any manner for the authenticity of the
personal information or sensitive personal data or information supplied by the Users to MVR
Pharma Care or any other person acting on behalf of MVR Pharma Care.
6. The use of the Website involves every Users’ registration information and browsing
history being stored and submitted to the appropriate authorities. The consent and
procedure for such collection and submission is provided in the Privacy Policy. The other
information collected by MVR Pharma Care from Users as part of the registration process is
described in the Privacy Policy. The consent and revocation procedures in relation to the
same are set out in the Privacy Policy.
7. The Users are responsible for maintaining the confidentiality of the Users’ account
access information and password. The Users shall be responsible for all uses of the Users’
account and password, whether or not authorized by the Users. The Users shall immediately
notify MVR Pharma Care of any actual or suspected unauthorized use of the Users’ account
or password.
8. If a User provides any information that is untrue, inaccurate, not current or
incomplete (or becomes untrue, inaccurate, not current or incomplete), or MVR Pharma
Care has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, MVR Pharma Care shall have the right to suspend or terminate such
account at its sole discretion.
9. MVR Pharma Care may disclose or transfer User Information (as defined in the
Privacy Policy) to its affiliates in other countries, and You hereby consent to such transfer.
The SPI Rules only permit MVR Pharma Care to transfer sensitive personal data or
information including any information, to any other body corporate or a person in India, or
located in any other country, that ensures the same level of data protection that is adhered to
by MVR Pharma Care as provided for under the SPI Rules, only if such transfer is necessary
for the performance of the lawful contract between MVR Pharma Care or any person on its
behalf and the user or where the User has consented to data transfer.
10. By accepting these Terms of Use and by registering on the Website, You consent to
be contacted by Us and/or by our third party service providers.You further consent to receive
Calls, emails and messages (SMS) notifications and information from Us and from Third
Party Service Providers including for promotions, discount and/or other service delivery
related issues.
2. Payment, Fees and Taxes:
1. Registration on the Website and the access to the information provided on the
Website is free. MVR Pharma Care does not charge any fee for accessing, browsing and
buying through the Website. You agree to make all payments directly to the respective Third
Party Pharmacies for purchase of Pharmaceutical Goods and Services from such Third
Party Pharmacies and to the Company in case of purchase of Pharmaceutical Goods and
Services directly from the Company. The Third Party Pharmacies may choose to either
personally collect such payment from You or may use the services of collection agents duly
appointed in this regard. You agree and acknowledge that You shall not hold MVR Pharma
Care responsible for any loss or damage caused to You during the process, due to any acts
or omission on the part of third parties viz. the Third Party Pharmacies or the collection
agents or for any actions/ omissions which are beyond the control of MVR Pharma Care.
2. In relation to the diagnostic services being availed from the Website, Third Party Labs
agree to pay all package fees, consulting fees and other fees applicable to the Third Party
Labs use of such Services and the Third Party Labs shall not circumvent the fee structure.
The fee is dependent on the package that the Third Party Labs purchase and not on actual
usage of the Services. In relation to the Users using the diagnostic Services, the Users
agree to make all payments directly to the respective Third Party Labs for use of the
diagnostic Services from the Website. You agree and acknowledge that You shall not hold MVR Pharma Care responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of the Third Party Labs’ any actions/ omissions which are beyond the control of MVR Pharma Care.
3. Each User / Third Party Service Providers are solely responsible for payment of all
taxes, legal compliances, statutory registrations and reporting. MVR Pharma Care is in no
way responsible for any of the taxes except for its own income tax.
3. The subscription fees for the Services, if any charged by MVR Pharma Care, could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. MVR Pharma Care is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of MVR Pharma Care. The fees could also be paid offline and be either collected personally from the User/ Third Party Service Providers or required to be mailed to MVR MVR Pharma Care at the following address of its Corporate office at 1St Floor, Mankavu Greens, Mankavu-Mooriyad Road Azchavattam, Kozhikode ,Kerala - 673007,India.
1. All fees are exclusive of applicable taxes.
2. MVR Pharma Care reserves the right to modify the fee structure by providing on the
Website which shall be considered as valid and agreed communication.
3. In order to process the payments, MVR Pharma Care might require details of User’s/
Third Party Service Providers’ bank account, credit card number etc. Please check Our
Privacy Policy on how MVR Pharma Care uses the confidential information provided by
Users.
4. Available payment methods: Wallets: Paytm, AmazonPay, Mobikwik, AirtelMoney,
Freecharge, OlaMoney, JIO Money, PhonePe, MPESA UPI – BHIM and GooglePay. All debit
and credit cards. Cash on delivery for offline payments.
5. Applicable payment charges: No charges levied.
6. Details, including contact information of all payment service providers: Paytm
(https://paytm.com/care/ticket), AmazonPay (https://www.amazonpay.in/contact), Mobikwik
(https://blog.mobikwik.com/contactus/), AirtelMoney
(https://www.airtel.in/personal/money/contact-us), Freecharge
(https://www.freecharge.in/contactus), OlaMoney
(https://www.olamoney.com/support/index.html), JIO Money
(https://www.jiomoney.com/contactus.html), PhonePe
(https://www.phonepe.com/contact-us/), MPESA UPI – BHIM
(https://www.bhimupi.org.in/get-touch) and GooglePay
(https://support.google.com/pay/india/gethelp).
7. Security details in relation to payment methods: API integrated.
8. Charge-back options: No.
4. Return, Refund, Cancellation and Shipping charges: We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.
5. Covenants: (Covenanters for the purposes of these Terms of Use shall include the
Users and the Third Party Service Providers)
1. Each Covenanter undertakes that it shall not do any act or post, display, upload,
modify, publish, transmit, update or share any information that -
1. belongs to another person and to which the such Covenanter does not have any
right;
2. is grossly harmful, insulting or harassing on the basis of gender, blasphemous,
defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy
including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the
laws in force;
3. infringes any patent, trademark, copyright or other proprietary rights;
4. violates any law for the time being in force;
5. impersonates another person;
6. is harmful to child;
7. deceives or misleads the addressee about the origin of such messages or knowingly
and intentionally communicates any information that is patently false or misleading in nature
but may reasonably be perceived as a fact;
8. contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource;
9. is prohibited under applicable law(s) for the time being in force including Drugs Act
read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as
amended from time to time and rules made there under;
10. is patently false and untrue, and is written or published in any form, with the intent to
mislead or harass a person, entity or agency for financial gain or to cause any injury to any
person; and
11. 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.
2. You are also prohibited from:
1. violating or attempting to violate the integrity or security of the Website or any MVR
Pharma Care Content;
2. 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 MVR
Pharma Care;
3. intentionally submitting on the Website any incomplete, false or inaccurate
information;
4. making any unsolicited communications to other Covenanters;
5. using any engine, software, tool, agent or other device or mechanism (such as
spiders, robots, avatars or intelligent agents) to navigate or search the Website;
6. attempting to decipher, decompile, disassemble or reverse engineer any part of the
Website;
7. copying or duplicating in any manner any of the MVR Pharma Care Content or other
information available from the Website; and
8. framing or hotlinking or deeplinking any MVR Pharma Care Content.
3. MVR Pharma Care, 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 this Clause 4, shall be entitled to disable such
information that is in contravention of this Clause 4 or any provisions of these Terms of Use.
MVR Pharma Care shall be entitled to preserve such information and associated records for
at least 90 (ninety) days for production to governmental authorities for investigation
purposes.
4. In case of non-compliance with any applicable law(s), rules or regulations, or these
Terms of Use or the Privacy Policy by a Covenanter, MVR Pharma Care has the right to
immediately terminate the access or usage rights of the Covenanter to the Services and to
remove noncompliant information.
1. MVR Pharma Care shall not be responsible or liable in any manner to the Users or
any Third Party Service Providers (collectively referred to as the “Other Parties”) for any
losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures
made by MVR Pharma Care, where Other Parties have consented to the making of such
disclosures by MVR Pharma Care. If the Other Parties had revoked such consent under the
terms of the Privacy Policy, then MVR Pharma Care shall not be responsible or liable in any
manner to the Other Parties for any losses, damage, injuries or expenses incurred by the
Other Parties as a result of any disclosures made by MVR Pharma Care prior to its actual
receipt of such revocation.
2. The Other Parties shall not hold MVR Pharma Care responsible or liable in any way
for any disclosures by MVR Pharma Care under Regulation 6 of the SPI Rules.
3. The Services provided by MVR Pharma Care or any of its licensors or providers or
Third Party Service Providers are provided ‘as is’, as available, and without any warranties
or conditions (express or implied, including the implied warranties of merchantability,
accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or
otherwise in law or from a course of dealing or usage or trade). MVR Pharma Care does not
provide or make any representations, warranties or guarantees, express or implied about the
Website or the Services. MVR Pharma Care does not verify any content or information
provided by the Other Parties on the Website and to the fullest extent permitted by
applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon
the Website, the Services, the MVR Pharma Care Content, Third Party Contents,
representations and warranties made by the Other Parties on the Website or any loss arising
out of the manner in which the Services have been rendered.
4. The Website may be linked to the website of third parties, affiliates and business
partners. MVR Pharma Care has no control over, and not liable or responsible for content,
accuracy, validity, reliability, quality of such websites or made available by/through the
Website. Inclusion of any link on the Website does not imply that MVR Pharma Care
endorses the linked website. Other Parties may use the links and these services at their own
risk.
5. MVR Pharma Care shall not be responsible for the mishaps/missed services due to
no service/no show from the Other Parties; MVR Pharma Care shall not be responsible for
any error in any of the services being provided by the Third Party Service Providers.
6. Users accept and acknowledge that MVR Pharma Care 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/ products and services made available on its Website by Third Party
Service Providers, including any guarantee or warrantee that such goods/ products (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 Third Party
Service Providers have legal title over the goods/products being offered for sale by them on
the Website. MVR Pharma Care 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 or services offered or provided by the Third Party Service Providers.
7. The Other Parties further accept and acknowledge that MVR Pharma Care does not
verify any content or information provided by either the Users or the Third Party Services/ or
obtained from the Users or the Third Party Service Providers, and to fullest extent permitted
by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance
upon the Website, the Services, the MVR Pharma Care Content, Third Party Content,
representations and warranties made by the Other Parties on the Website or any opinion or
suggestion given or expressed by MVR Pharma Care or any Third Party Service Providers in
relation to any Services provided by MVR Pharma Care.
8. MVR Pharma Care assumes no responsibility, and shall not be liable for, any
damages to, or viruses that may infect Other Parties’ equipment on account of the Other
Parties’ 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 any of the Other Party is
dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using
the Website.
9. The listing of Third Party Service Providers on the Website is based on numerous
factors including Users comments and feedbacks. In no event shall the Protected Entities
(as defined herein below) be liable or responsible for the listing order of Third Party Service
Providers on the Website.
10. To the maximum extent permitted by applicable law(s), MVR Pharma Care, its
affiliates, independent contractors, service providers, consultants, licensors, agents, and
representatives, and each of their respective directors, officers or employees (“Protected
Entities”), 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.
11. 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 Third Party Service
Provider 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 Third Party Service Providers; or (ii) any content
posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service
Providers or other person on or through the Website.
12. MVR Pharma Care disclaims any liability in relation to the validity of the medical
advice provided by the Medical Experts and the validity and legality of the e-prescription for
dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any
wrong diagnosis of medical condition by the Medical Experts and/ or arising from the
e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any
wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation
of the Pharmaceutical Goods and Services will be of the concerned Third Party Labs or the
Third Party Pharmacies as the case may be.
13. The Users may share their previous medical history during interaction with the
Medical Experts. The Users undertake to share such information at their own risk. MVR
Pharma Care reserves the right to retain such information for the purpose of providing
Services to the Users.
14. With respect to the Consultation Services, after selection of the type of treatment viz.
Homeopathy, Allopathy or Ayurveda along with the specification of the disease by the
patient, MVR Pharma Care will decide the Medical Expert to whom the query should be
directed based on the information shared by the User. However, in no event the Protected Entities shall be held liable for the losses attributable to such decision making and in no
event shall the Protected Entities be liable for any Consultation provided and/or
e-prescription issued by the Medical Expert by using the interface of online medical
consultancy.
15. The Users acknowledge that the Protected Entities merely act in the capacity of
facilitators between the Other Parties by providing a platform for them to interact and
transact. In no event shall the Protected Entities be held liable for any of the losses
attributable to Services offered through the Website.
16. In no event shall the total aggregate liability of the Protected Entities to any Other
Parties 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 these
Terms of Use or any Other Parties’ use of the Website exceed an aggregate amount of INR
1000/- (Indian Rupees One Thousand only). MVR Pharma Care accepts no liability for any
errors or omissions on behalf of the Other Parties.
17. In no event shall the Protected Entities be liable for failure on the part of the Users or
Third Party Service Providers to provide agreed services or to make himself/herself available
at the appointed time, cancellation or rescheduling of appointments. In no event shall the
Protected Entities be liable for any comments or feedback given by any of the Users in
relation to the services provided by a Third Party Service Providers.
1. Indemnity The Covenanters agree to defend, indemnify and hold harmless MVR
Pharma Care , the Protected Entities, independent contractors, service providers,
consultants, licensors, agents, and representatives, and each of their respective directors,
officers and employees, from and against any and all claims, losses, liability, damages,
and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or
related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these
Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another
person/ entity, including infringement of their intellectual property rights; or (d) Covenanters
conduct in connection with the Website.
2. Modification of Website MVR Pharma Care reserves the right to modify or
discontinue, temporarily or permanently, the Website or any features or portions thereof
without prior notice. Other Parties agree that MVR Pharma Care will not be liable for any
modification, suspension or discontinuance of the Website or any other part thereof.
3. Intellectual property rights All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
4. Compliance of Applicable Law
1. While communicating/ transacting with each other through the Website, the Other
Parties shall at all times ensure full compliance with the applicable provisions of the Contract
Act, IT Act, IG Guidelines, Drugs Act read with the Drug Rules, Drugs and Magic Act, The
Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957,
Pharmacy Act, Consumer Protection Act, 1986, SPI Rules, etc (“Captioned Laws”). 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 Pharmaceutical Good and 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.
2. The Users must also ensure that the prescription uploaded on the Website or emailed to MVR Pharma Care 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 Third Party Service Providers or to MVR Pharma Care , as a result of any dispensation of Prescription Drugs by the Third Party Service Providers owing to the non-compliance by the User in this regard.
5. Termination (Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and MVR Pharma Care )
1. The provisions of these Terms of Use shall continue to apply until terminated by
either of the Party as set for below:
1. In case of Other Parties wanting to terminate these Terms of Use, Other Parties may
do so by:
1. not accessing the Website; or
2. closing their accounts for all of the Services that they use.
2. MVR Pharma Care reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
1. breach any of applicable law(s), including but not limited to the Captioned Laws or
the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms,
conditions, or policies that may be applicable to the Other Parties from time to time (or have
acted in a manner that clearly shows that Other Party(s) do not intend to, or are unable to,
comply with the same); or
2. MVR Pharma Care is unable to verify or authenticate any information provided to
MVR Pharma Care by Other Party(s); or
3. MVR Pharma Care believes, in its sole discretion, that Other Party(s) actions may
cause legal liability for MVR Pharma Care (or any of its affiliates, independent contractors,
service providers, consultants, licensors, agents, and representatives) or are contrary to the
interests of the Website; or
4. MVR Pharma Care is required to do so by law; or
5. if Other Party(s) fail to provide (or after providing such consent, later revoke) the
consents necessary or desirable for MVR Pharma Care to provide the Services to the Other
Party(s); or
6. The provision of the Services to the Other Party(s), or to the general public, is in
MVR Pharma Care ’s opinion, no longer commercially viable; or
7. MVR Pharma Care has elected to discontinue, with or without reason, access to the
Website or the Services (or any part thereof).
3. MVR Pharma Care may also terminate or suspend (temporarily or permanently) all or
a portion of Other Party(s) 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
Other Party(s) account may include: (i) removal of access to all offerings within the Website
or with respect to the Services; and (ii) barring Other Party(s) from further use or access of
the Website or of any of the Services.
4. Once terminated or suspended (temporarily or permanently), Other Party(s) may not
continue to use the Website under the same account, a different account or re-register under
a new account.
5. Upon termination of these Terms of Use, MVR Pharma Care shall have no obligation
to maintain or provide any of Other Party(s) data and may thereafter, unless legally
prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or
under its control, including but not limited to Other Party(s) personal information, log-in ID
and password, order details (including any prescriptions uploaded) and all related
information, files and materials associated with or inside Other Party(s) account (or any part
thereof).
6. MVR MVR Pharma Care reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to deletion of the Other Party(s) content from the
Website with or without ability to access the Website and the other Services, upon any
breach by the Other Party(s) of these Terms of Use or if MVR Pharma Care is unable to
verify or authenticate any information the Other Party(s) submits to MVR Pharma Care , or if
the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents
necessary or desirable for MVR Pharma Care to provide the Services to the Other Party(s).
7. The right to terminate/ suspend the account is in addition to, and without prejudice to,
MVR Pharma Care ’s right to initiate action against the Other Party(s), in accordance with
applicable law.
1. Force Majeure Other Parties accept and acknowledge that MVR Pharma Care 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 MVR Pharma Care or the Third Party Service Providers),
or any other delay or default or deficiency or failure which arises from causes beyond MVR
Pharma Care reasonable control (“Force Majeure Event”). In the event of any Force Majeure
Event arising, MVR Pharma Care , depending on whose performance has been impacted
under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which
constitute the Force Majeure Event.
2. Governing Law and Dispute Resolution These Terms of Use and any contractual
obligation between the Parties will be governed by the laws of India, without reference to the
conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to,
or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of
the courts at Kozhikode ( Kerala). All disputes will be subject to arbitration at Kozhikode (
Kerala) in English by a sole arbitrator appointed by MVR Pharma Care under the Arbitration
and Conciliation Act, 1996.
3. Survival Even after termination, certain obligations mentioned under Covenants,
Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive
termination.
4. Severability If any provision of these Terms of Use is deemed invalid, unlawful, void
or for any other reason unenforceable, then that provision shall be deemed severable from
these Terms of Use and shall not affect the validity and enforceability of any of the remaining
provisions.
5. Waiver No provision of these Terms of Use shall be deemed to be waived and no
breach excused, unless such waiver or consent shall be in writing and signed by MVR Pharma Care. Any consent by MVR Pharma Care to, or a waiver by MVR Pharma Care of
any breach by Other Parties, whether expressed or implied, shall not constitute consent to,
waiver of, or excuse for any other different or subsequent breach.
6. Headings The headings and subheadings herein are included for convenience and
identification only and are not intended to describe, interpret, define or limit the scope, extent
or intent of these Terms of Use.
7. Contact Information If any Other Party(s) has any grievance, comment, question or
suggestion regarding any of our Services, please contact our customer service at
admin@MVRPharmaCare.com . If any Other Party(s) has any questions concerning MVR
Pharma Care, the Website, these Terms of Use, or anything related to any of the foregoing,
MVR Pharma Care can be reached at the following email address - admin@MVR Pharma
Care.com
© 2022 MVR MVR Pharma Care . All rights reserved. In compliance with Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945, we don't process requests for Schedule X and other habit forming drugs.
Corporate Office
1st floor, Ladder Mankavu Greens, Azhchavattam,
Mankavu, Kozhikode - 673007.
admin@mvrpharmacare.com
0495 3566723, 8848 266 168
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