TERMS OF SERVICE

  1. INTRODUCTION

  1. THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.        

  1. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE PLATFORM.

  1. This domain name https://www.medcords.com and its related sub-domains, sites, services, tools and/or its associated mobile application called “Aayu Chemist” or “Aayu Chemist App” (collectively, the “Platform”) is owned by MedCords Healthcare Solutions Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered address at Plot No. 2, Basant Vihar Main Road, Dadabari Extn., Kota – 324009, Rajasthan (hereinafter referred to as “MedCords”, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns).

  1. Please read these terms and conditions (“Terms” or “Terms of Use”) carefully, as it contains the terms and conditions governing your use of the Platform and any content such as text, data, information, software, graphics, audio, video or photographs etc. that MedCords may make available through the Platform and any services that MedCords may provide through the Platform. In order to use the Platform, you must first agree to these Terms. By accessing, browsing or otherwise using the Platform, you are agreeing to these Terms and concluding a legally binding contract with MedCords. Please do not access or use the Platform if you do not agree with any of the terms provided herein or are unable to be bound by them. In addition, if you visit any of our partners’ websites/partners’ mobile applications (hereinafter, collectively referred to as “Partner Platforms”) or arrive at the Platform through the Partner Platforms, you may also be subject to the terms and conditions of such Partner Platforms. As a condition of your access to and use of the Platform, you hereby agree that you will comply with all Applicable Laws (defined hereinafter) and regulations when using the Platform.

  1. MedCords reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time and will notify you at least once in a year, or whenever there is a change in these Terms (as the case may be), by email or by posting a conspicuous notice on the Platform. Your continued use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to these Terms. As long as you comply with these Terms, MedCords grants you a personal, revocable, non-exclusive, non-transferable, non-sub-licensable, limited license to access and use the Platform.

  1. For the purpose of these Terms, wherever the context so requires the term “User” shall refer to you, being a natural person who is accessing or using the Platform and in pursuance of the same has provided registration data while registering on the Platform in accordance with the terms contained herein.

  1. You should read these Terms and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to you as a user of the Platform. Such linked information including but not limited to MedCords’ Privacy policy (“Policy”) and Cookies Policy is hereby incorporated by reference into these Terms.

  1. Depending on the nature of services being availed by you on the Platform, these Terms read with any other agreement that you may enter into with MedCords shall define your relationship with MedCords while you use these services on the Platform (“Channel Partner Agreement”). In order to use such services available on the Platform, it shall be your responsibility to comply with both these Terms and the Channel Partner Agreement. If these Terms are inconsistent with any provision contained in such Channel Partner Agreement, MedCords shall determine, in its sole and absolute discretion, which of the provisions shall control any such inconsistency or conflict.

  1. If you are unwilling or unable to be legally bound by these Terms, please do not use the Platform. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Platform; or (b) if you are not of legal age to form a binding agreement with MedCords.

  1. DEFINITIONS

In these Terms, unless the context or meaning otherwise requires: (a) all capitalised words and expressions defined by inclusion in quotation and/ or parenthesis anywhere in these Terms, have the same meanings as ascribed to such words and expressions; and (b) following words and expressions shall bear the meanings ascribed to them below, even when not capitalised:

  1. “Aayu App” is a mobile application and its related sub-domains and sites, as owned and run by MedCords which facilitates provision of healthcare services to its users.

  1. “Applicable Law” shall mean and include all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, and/or board including but not limited to the Ministry of Health and Family Welfare, as may be applicable and in each case, any implementing regulation or interpretation issued thereunder including any successor Applicable Law.

  1. “Brand Associates” are Persons who sell branded products and who have we have partnered with for facilitation of our Services like for purchase of bulk medicines, wellness products etc from a specific brand.

  1. “Channel Partner” shall mean a Person appointed or partnered by MedCords to facilitate the performance of the Services provided on the Platform, including but not limited to, Distributors and/or Brand Associates and/or Financial Institutes and/or other Service Providers as appointed by MedCords.

  1. “Distributor(s)” are Persons who have we have partnered with for facilitation of our Services like for purchase of bulk medicines and wellness products

  1. “Financial Institutes” are Persons like banks or NBFCs who have we have partnered with for facilitation of our Services like availing loans, financial services etc.

  1. “Healthcare Professional(s)” is a Person working in the healthcare industry like medical professionals, doctors, mental health advisors, dieticians, fitness experts, lab assistants, technicians, diagnostic centre staff etc, who facilitation of services of the Aayu app

  1. “Medical Practitioner” is a person who is a registered medical practitioner enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956.

  1. “Person” means any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a Person under Applicable Law.

  1. “Personal Information” shall mean to include any past, present, or future health and health-related information of a User which may be accessed, stored, used, and updated only by the User and/or his or her family members and such other persons as may be indicated in the Privacy Policy.

  1. “Prescription” shall mean a written or electronic direction from a medical practitioner to a pharmacist to compound and dispense a specific type and quantity of preparation or prefabricated drug to a patient.

  1. “Services” shall mean the services provided by MedCords to its Users through the Platform.

  1. “Service Providers” are trusted third party service providers (other than Distributors or Brand Associates or Financial Institutes) who assist and help us in facilitation of our Services like payment gateways, cloud servers, business partners, agents, trusted affiliates and advertisers etc.

  1. “User Account” shall mean the online account exclusive to a User and is used by the User to avail Services through the Platform.

  1. MEMBERSHIP ELIGIBILITY

Use of the Platform is available only to natural persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. Any minor accessing, using or transacting on the Platform in violation of these Terms shall be doing so at their own risk and MedCords shall not be responsible or liable for any activities or interactions of such minor on the Platform. MedCords reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the notice of MedCords or if MedCords discovers for itself that such person is not eligible to use the Platform. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such Person to these Terms.

  1. ACCEPTANCE OF TERMS

In order to use the Platform, you must first agree to these Terms. You shall be deemed to have accepted these Terms upon the occurrence of any of the following: (a) signing up with MedCords and logging onto the Platform by using the Login Credentials; or (b) actually using the Platform, in this case, you understand and agree that MedCords will treat your use of the Platform as acceptance of the Terms from that point onwards.

  1. OPENING A USER ACCOUNT

  1. The Users of this Platform shall be engaged in facilitation of services to the users of the Aayu app (“Aayu Users”) and thus, their registration is mandatory for them to proceed with providing services to Aayu Users.

     

  1. All information requested on the Platform by MedCords together with proof of address, identify proof, drug  license proof,  and other supporting documents indicated by MedCords, will have to be provided, in order for the Users to provide services to the Aayu Users. Users agree that the information provided by them to MedCords, at all times (including during registration), will be true, accurate, up-to-date, and complete. You acknowledge that you will be able to receive orders from the Aayu Users only after successful verification on the Platform.

  1. You will have to create an User Account by signing up on the Platform which can be done by providing/ using the following: (a) your cell phone number with password; or (b) email address with password; or (c) such other login credentials that are adopted by MedCords from time to time and duly intimated to you, for setting up a User Account on the Platform. Upon entering the required details, you may either receive a One Time Password (OTP) for the purpose of verification of your User Account or your User Account may be verified by such other auto verification process adopted by MedCords from time to time and duly intimated to you, and upon completion of verification, the User Account is created and is ready for use.

  1. You agree that MedCords reserves the right to decline to register you on the Platform at its sole discretion. At no point of time can you challenge the MedCords’ decision to not allow you to provide services to the Aayu Users through the Platform.

  1. You shall not transfer or share your User Account information with anyone.

  1. While signing-up on the Platform, you shall not:

  1. create a User Account for anyone other than yourself unless such person's prior permission has been obtained;

  1. use a User Account that is the name of another person;

  1. use a User Account that is the name of another person with the intent to impersonate that person;

  1. use a name for the User Account on the Platform that you are not legally authorized to use; and

  1. create more than one User Account on the Platform.

MedCords cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

  1. USERNAME AND PASSWORD

  1. Once registered, in order to log into the User Account on the Platform, you will be required to provide the following: (a) the cell phone number with password; or (b) such other login credentials that are adopted by MedCords from time to time and duly intimated to you for logging into the User Account on the Platform, used at the time of signing-up (“Login Credentials”). Upon being successfully registered on the Platform you will be provided access to a dashboard which shall enable you to facilitate performance of services offered by MedCords’ Aayu App.

  1. You shall be solely responsible for maintaining confidentiality of the Login Credentials, and to the extent allowed by law, you hereby accept responsibility for all activities on the User Account authenticated through the Login Credentials, whether authorized or not. You agree to keep Login Credentials confidential and secure, and you shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if you allow, whether through action or inaction, a person to gain access to the Login Credentials, with or without permission, you are authorizing that person to use the Platform through the User Account, and you shall be responsible for all actions that result from such access, even if you did not want the actions performed, and even if they are unauthorized or fraudulent. MedCords shall not be held liable in any manner whatsoever for lack of any such authorization whilst creating or using the User Account.

  1. MedCords cannot and will not be liable for any loss or damage arising from or arising out of your use of the Platform, theft of the Login Credentials, use of the Login Credentials or release of the Login Credentials to a third party or your authorization to allow another person to access and use the Platform using the User Account.

  1. In case of any misappropriation or unauthorised access of the User Account, you agree to communicate the same to MedCords immediately. You shall further ensure that you exit/ logout from the User Account at the end of each session. MedCords shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by MedCords or any user/visitor of the Platform and/or the Partner Platforms (as the case may be) due to authorised or unauthorised use of the User Account, as a result of your failure in keeping the Login Credentials confidential.

        

  1. You shall be responsible to provide to MedCords, for the purpose of the creation/display on the Aayu App, your description, images and such other details as may be required by MedCords to be displayed to provide the Services or otherwise being mandated to be provided under Applicable Laws. You acknowledge and understand that MedCords will display your details on the Aayu App based on such information provided by you. Provided that, MedCords may from time to time, use such means and such sources as MedCords may deem fit to update, modify, or change information provided in relation to your User Account on the Aayu App or otherwise and that you hereby provide MedCords the explicit consent to (a) undertake any such update, modification, or change; or (b) take decisions with respect to the placement and display of your profile, including photos, name, profile details, profile links, as MedCords may deem fit at its sole discretion. You further grant MedCords a perpetual license to use your name and likeness in all media including the Platform and/or the Partner Platforms (as the case may be), without any restrictions and/or conditions.

  1. You agree that the information provided by you to MedCords, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if MedCords has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms, MedCords shall have the right to indefinitely suspend or terminate or block access to the User Account on the Platform and refuse to provide you access to the Platform. You are advised to use due caution when providing any information to MedCords accordingly.

  1. Upon receiving of such information by you or from any other sources, MedCords shall immediately terminate/revoke/cancel your listing on the Platform.

  1. SERVICES

  1. MedCords provides a number of services through the Platform, as enumerated in detail below. MedCords, through the Platform, simply acts as a platform for:

  1. facilitating the provision of services to Aayu Users;

  1. facilitating the sale of, including but not limited to, over-the-counter drugs, medicines, wellness / health related products and such other products offered to Aayu Users;

  1. providing third party products and services (“Products”) to Users through Brands Associates and Distributors that MedCords has partnered with;

  1. providing assistance in personal or business loans and finance services through Financial Institutes;

  1. providing any other services as MedCords may deem fit from time to time.

  1. MedCords will also provide User with an access to a dashboard under the User Account for viewing details of Products ordered by Aayu Users from the User and all other transactions undertaken in relation to the User Account through the Platform.

  1. You acknowledge and understand that the relevant algorithm for Users and/or Products (as the case may be) on the Aayu App, through which the Aayu Users enter into any transactions with you, is a fully automated system that lists Your details, your profile and other information relating to you and/or the Products (as the case may be). These listings of You and/or Products (as the case may be) do not represent any fixed objective ranking or endorsement by MedCords. MedCords will not be liable for any change in the relevance of the Users and/or Products (as the case may be) on search results, which may take place from time to time. You further acknowledge that the listing Users on Aayu  App will be based on automated computation of the various factors including inputs made by the Aayu Users including their location, ratings, comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. MedCords in no event will be held responsible for the accuracy and the relevance of the listing order of the Users and/or Products (as the case may be) on the Aayu App.

  1. You further acknowledge, understand and agree that:

  1. MedCords’ role in providing you access to the Platform is for the purpose of enabling you to provide services to the Aayu Users;

  1. MedCords merely provides an infrastructure that enables you to transact with the Aayu Users and Channel Partners including without limitation, a technology platform that facilitates provision of facilities designed to enable you to communicate with a Aayu Users and Channel Partners;

  1. Should you choose to proceed with a transaction on the Platform, except as expressly provided in these Terms, MedCords will not be a party to such interaction and take no liability arising from such interaction;

  1. The provision of Services on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. MedCords strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and MedCords isn’t liable for any disruption or loss you may suffer as a result;

  1. MedCords shall not be liable, under any event, for any comments or feedback given by any of the Aayu Users in relation to the services provided by you. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Aayu Users and the manner of undertaking the same shall be solely at the discretion of MedCords; and

  1. MedCords may discontinue some or all of the Services provided on the Platform, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.

  1. Prime: Amongst all the other service, MedCords has enabled a premium feature on the Platform called “Prime”. Any User who subscribes to Prime after paying such subscription fee, can enjoy additional benefits and/or grants as deemed fit by MedCords. Users availing Prime features are not differentiated from other Users except for the grant of additional benefits like discounts, cashbacks, rewards, etc. MedCords reserves the right to amend, modify, terminate, discontinue, or rename the Prime feature on its Platform with or without any due notice.

  1. Discounts: It is expressly clarified that any discount issued by MedCords to Aayu Users shall be at its own cost and shall be in addition to the discount offered by the User to Aayu Users. A User is restricted from claiming any benefit of the discount offered by MedCords to Aayu Users at its own accord.

  1. The commercial/contractual terms, including without limitation, duration of services, warranties in relation to the services, are offered by and agreed to between you, the User, and the relevant Aayu User. MedCords, whilst performing the services offered on the Platform, does not have any control and does not determine or advise or in any way involve itself in the provision of services by you. MedCords is not and cannot be a party to or save as except as expressly provided in these Terms, control in any manner, any transaction between you and the relevant Aayu User.

  1. USER’S COVENANTS

  1. You shall be required to provide the following services to the Aayu Users, during the term of your engagement with MedCords:

  1. Assisting Aayu Users in registering and maintaining their accounts on the Aayu App.

  1. Explaining the general terms of use to all Persons who wish to subscribe to Aayu App and/or other Partner Platforms (as the case may be) and avail Services in a manner that is easily understandable and in the vernacular language, if possible.

  1. Assisting Aayu Users in uploading documents including their medical records on the Aayu App.

  1. Recording the consent of Aayu Users using an OTP sent to their registered mobile number, in the manner provided for on Platform.

  1. Assisting Aayu Users by facilitating procurement of e-consultation services by Aayu User from a Medical Practitioner.

     

  1. Accepting orders placed by the Aayu Users for purchase of, including but not limited to, Products as offered on the Aayu App.

     

  1. Selling subscription services (Aayu Cards) to Aayu Users;

 

  1. Providing any other products or services as mentioned on the Aayu App.

  1. To facilitate the provision of the Services, you shall be required to provide the relevant services to an Aayu User after receiving communication in this regard from MedCords in a manner deemed fit by MedCords. The User shall not transact with any of the Aayu Users directly at any point in time, except through the Platform or such other manner indicated by MedCords. Any transaction on the Platform shall be cancelled by (a) you in accordance with these terms; (b) by MedCords as it may deem fit; and/or (c) by the relevant Aayu User themselves. Provided however that you shall be required to intimate MedCords in advance in the manner indicated by MedCords. It is also strongly recommended that upon such cancellation for any reason whatsoever, you advise the Aayu User and explain appropriately the next steps. For any cancelled transactions, in the event that any payments have been received by from the Aayu User (a) by you, you shall be solely responsible for refunding the transaction amount so received; or (b) by MedCords, MedCords shall be solely responsible for refunding the transaction amount in a manner MedCords deems fit and in accordance with the Refund Policy of Aayu App.      

  1. User agrees that all Aayu users shall be treated equally, whether generated through the Aayu App or through the website created by MedCords for the User.

  1. While providing services to the Aayu User, (a) you shall not share your personal, religious and/or moral views with the Aayu User; (b) you shall not advertise any brand of drugs, supplements, vaccines and medications, in preference to any other drugs, supplements, vaccines and medicated listed by you, which may benefit you directly or indirectly. Notwithstanding anything mentioned herein, you may recommend to the Aayu Users, substitutes of the products listed on the Platform; (c) you shall not advertise to/solicit Aayu Users in any manner including without limitation by way of using social media handles and/or contact details in your possession pursuant to these Terms; (d) you shall comply with these Terms and Applicable Laws and shall take utmost care in terms of the consultation/ services being rendered.

  1. The User shall provide its services in highest ethical and professional standards and manner that reflects favourable, at all times, on MedCords and the name, goodwill and reputation of MedCords.

  1. The User shall avoid deceptive, misleading or unethical practices that are or might be detrimental to MedCords or the public, including, but not limited to, disparagement of Platform and the services of Aayu App or any other contract or commit any other violation of Applicable Laws.

  1. You shall treat all information provided by MedCords, including, Personal Information in your possession with utmost confidentiality and that you will not use or disclose any such information for your personal use or benefit or benefit of any other Person. You acknowledge and understand that you may disclose any Personal Information of an Aayu User only with the express consent of such Aayu User. The obligations of the User under this Clause shall survive in perpetuity.

  1. In case an Aayu User places an order for a Product that requires a valid Prescription, you shall be required to ensure that you, as a User, shall accept an order placed only upon receipt of such Prescription and verify the same.You shall verify the Prescription provided by the Aayu User and in case of any discrepancy observed, you shall cancel the order immediately. You shall be required to confirm the Prescription provided by the Aayu User is in accordance with Applicable Laws.

  1. The relevant services shall be provided by you to the concerned Aayu User directly. You shall be solely responsible for compliance with all Applicable Law for the provision of services by you to the Aayu User. MedCords shall, in no way, be made responsible or liable for any defect or deficiency in the provision of such services to any Aayu User. The responsibility for redressal of any complaints of any Aayu User will rest solely with you at all times. You further acknowledge and accept that MedCords shall not be liable for any claims for any losses or damages to you and/or the Aayu Users and/or any other third party (as the case may be) in relation to the provision of services to the Aayu Users pursuant to these Terms.

  1. MedCords may, on a best efforts’ basis, mediate or resolve any issue that arises in relation to the provision of the relevant services to an Aayu User, in a manner it deems fit. Notwithstanding the foregoing, it is expressly clarified that you shall at all times be responsible or liable for such services.

  1. The User shall not, both during and after the subsistence of these Terms, publish any oral or written statements about MedCords or its shareholders, subsidiaries, affiliates and group companies or each of their respective board of trustees, equity holders, representatives that: (a) are slanderous, libelous or defamatory; or (b) place any of the foregoing in false light before the public.

  1. You agree that MedCords shall be entitled to revoke, cancel and expire your access to Platform if it comes to our notice that you are in violation of any of these Terms.

  1. REWARDS

  1. In lieu of the Services used by you, MedCords may reward you through various incentives as it may deem fit.

  1. Such incentives which will be added to the User’s e-wallet maintained in the User Account (“Wallet”) in the form of points or bonus which are a grant of benefit in the form of credits.

  1. A User may collect points in its Wallet through referrals or for achieving any milestone or any other mode as decided by MedCords from time to time (“Points”). Further, these Points shall get accrued and converted to a “Bonus” at the end of a specified time period. A User can also collect Bonus as a reward for any scheme introduced on the Platform or as a cash-back or any other activity as deemed fit by MedCords. One Bonus point is equivalent to One Indian National Rupee (INR).

  1. MedCords is the sole deciding authority on management of its reward system and granting and/or accrual and/or redemption of Points and Bonus (“Rewards”). Rewards received by the User will have an expiry date associated with it which may vary from time to time. However, the same cannot exceed beyond 1 (one) year, under any circumstance. The expiry date of Rewards may be intimated to the User by way of Short Message Service (SMS) messages or e-mail or in-app notification on the Platform or in such other manner as may be deemed fit by MedCords. The expiry date of Rewards can be viewed by each User in the designated page on the Platform.

  1. MedCords reserves its discretion to deny Rewards to any User in its sole discretion, notwithstanding compliance by such User of the requirements set out in these Terms, Applicable Law, the Channel Partner Agreement (where applicable) or otherwise.

  1. MedCords has the right (without limitation) to change the Terms of granting Rewards, withdraw the service completely, and/or modify the name of such service, at its own convenience and discretion. Nothing in these Terms shall restrict MedCords rights with regards to management of Rewards, in any form or manner.

  1. PAYMENT FACILITY

  1. MedCords provides multiple payment options to its Users to avail its Services and purchase Products from Channel Partners. Users can choose from any or a combination of these payment options: (a) E-Wallet (b) Points (c) Bonus. A User can transfer money in his E-Wallet via various modes including online payments through debit/credit cards, internet banking, online wallets, UPI, etc. Payment is only processed after the confirmation of delivery of Products or Services by the User.

  1. It is expressly clarified that payments through Points or Bonus can only be made on pro-rata basis. MedCords has the complete authority and discretion to determine the pro-rata on each transaction for which Points or Bonus shall be used.

  1. In case, Users avail any Service or purchase Products with insufficient funds in their E-Wallet then in such a scenario, the Platform will permit payable transactions and the Users can refill their E-Wallet before their next order to pay any outstanding amount. This facility is provided to all its Users in good faith on the assumption that the Users will make the payments promptly.

  1. In case, a User fails to make the payment of its any outstanding amount then he shall be restricted from purchasing any further Service or Product from the Platform. This restriction shall be lifted only once the due payments have been made by the User or at the discretion of MedCords. However, without prejudice to the above, the User shall continue to assist MedCords in provision of services of the Aayu App to Aayu Users while the imposition of such restriction.

  1. It is expressly clarified that MedCords only acts as a facilitator for transactions between a User and the Channel Partner and shall not be held liable for any action taken by the relevant Channel Partner against the User for delayed or no payments.

  1. While availing any of the payment method/s available on the Platform, MedCords will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

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

  1. Exceeding the preset limit mutually agreed between you and bank/s, or

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

  1. Rejection of transaction for any other reason(s) whatsoever.

  1. You acknowledge that MedCords will not be liable for any damages, interests or claims, losses resulting from or suffered on your User Account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of MedCords.

  1. Various modes of payment and their related refund scenarios have been further discussed in the Refund Policy of these Terms.

  1. CANCELLATION POLICY

  1. Cancellation by MedCords

  1. If you place an order on the Platform for any Services and due to some reason, the Services cannot be provided on the Platform, the order will be cancelled and the transaction amount, if already paid, will be refunded to you as per these Terms.

  1. Some situations that may result in your order being cancelled include, without limitation, non-availability of the Products or quantities of Products ordered by you, non-availability of the Services on the Platform, inaccuracies or errors in pricing information, or due to a Force Majeure Event. Additionally, in the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MedCords may, at its discretion, either contact you for instructions or cancel the order and notify you of such cancellation. In such cases, the transaction amount will be refunded to you as per these Terms.

  1. MedCords may also require additional verifications or information before accepting any order. MedCords will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after you have been charged, the transaction amount will be refunded to you as per these Terms.

  1. A “Force Majeure Event” for the purpose of these Terms shall mean any event that is beyond the reasonable control of MedCords and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown due to any reason and any other similar events not within the control of MedCords and which MedCords is not able to overcome.

  1. Cancellation by You

In case of requests for order cancellations, MedCords reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if MedCords receives a cancellation notice and the order has not been processed/approved or dispatched (as applicable) by the relevant Channel Partner, MedCords shall cancel the order and refund the transaction amount to you as per these Terms. MedCords will not be able to cancel orders that have already been processed/approved or have been dispatched (as applicable). MedCords has the full right to decide whether an order has been processed/approved or dispatched (as applicable) or not. You agree not to dispute the decision made by MedCords and accept MedCords’ decision regarding the cancellation.

 

  1. REFUND POLICY

  1. MedCords does its best to ensure that a User is completely satisfied with Products and Services. There may still be cases wherein a User request for a refund of the payment made for the Products or Service and we are happy to issue a full refund based on the conditions listed below:

  1. Full refund is possible (a) when you received a defective item; (b) the ordered item(s) is lost or damaged during transit; (c) you have received the product that has crossed the expiry date.

  1. It is to be noted that the mode of refund may vary depending on circumstances like the kind of product ordered, payment mode used, etc. Further, MedCords hereby expressly clarifies that it does not make any delivery of products by itself and is only a facilitator between the User and its Channel Partners.

  1. Modes of Payment and Refund: MedCords uses various modes for payment on its Platform through which a User can make payment for the Services and that shall determine the mode of refund too. Although it ensures that the amount is credited to the Channel Partners’ account only once the delivery of order has been confirmed by the User. Thus, it is the responsibility of the Users to timely confirm the receipt of correct order within 72 hours of delivery through the prompt functionality enabled on the MedCords Platform. In case of no response by the User for the receipt of correct order within the prescribed timeline, it shall be suo moto assumed that the order has been successfully delivered to the User and the Channel Partner’s account shall be credited accordingly.

  1. E-Wallet: If the mode of payment is E-wallet, then the wallet/Aayu Cash/Sehat Sikke shall be credited back within 24 hours or a credit note maybe issued to the User which can be used for any subsequent payments on the Platform.

  1. Rewards: Any payment made by the User through Points or Bonus shall be refunded in the same manner within 24 hours. A User is prohibited from getting a refund in any other form than the original mode of payment for the order.

  1. MedCords shall directly refund to the User’s E-Wallet during situations such as -

  1. When excessive price has been charged/collected from the User and amount needs to be refunded;
  2. Any other cases where MedCords has to refund the amount to the User which righteously belongs to the User.

  1. It is to be noted that MedCords does not control the prices of products on the Platform, as quoted by the Channel Partners, and neither does it regulates it. However, MedCords tries its best to ensure that only the most trusted and reliable Channel Partners are listed on the Platform.

  1. At the time of deactivation of the User’s account, any amount that is unused in the E-Wallet, shall be transferred to the User’s bank account as provided on the Platform.

  1. Only cancellation requests which have been either initiated by MedCords or placed by you, as per these Terms, you will be eligible for a refund.

  1. Details in relation to such refunds shall be informed to you through via. Short Message Service (SMS) messages or e-mail (provided at the time of registration or purchase) or in-app notification on the Platform or in such other manner as may be deemed fit by MedCords. MedCords reserves the right to honour such refunds requests in a manner it deems fit and it is clarified that such refund requests shall be accepted by MedCords only in exceptional cases. You agree not to challenge such decision in any manner whatsoever.

  1. AGREEMENT TO RECEIVE COMMUNICATION

You hereby by way of accepting these Terms consent to the receipt of communication from MedCords by way of Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These messages, emails and calls could relate to your registration or the transactions that you carry out through the Platform and promotions that are undertaken by MedCords.

  1. LINKS TO THIRD PARTY WEBSITES

The Platform may contain links and interactive functionality interacting with the websites of third parties. MedCords is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, MedCords strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

  1. USE OF THE PLATFORM

  1. You agree, undertake and covenant that, during the use of the Platform, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

  1. belongs to another Person and to which you do not have any right.

  1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the Applicable Laws in force in any manner whatsoever.

  1. is misleading in any way.

  1. is harmful to minors.

  1. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".

  1. infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number).

  1. provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.

  1. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, User Account information or information of other users/visitors of the Platform and/or the Partner Platform (as the case may be), bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform.

  1. engages in commercial activities without MedCords’ prior written consent such as engages in contests, sweepstakes, barter, advertising etc.

  1. interferes with another user’s use of the Platform.

  1. impersonates another person.

  1. threatens 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 foreign states.

  1. refers to any website or URL that, in MedCords’ sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.

  1. deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.

  1. 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.

  1. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or Personal Information of another User.

  1. violates any Applicable Law for the time being in force.

  1. In no event and under no circumstances shall MedCords be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform. Except as expressly provided in these Terms, you shall not use anyone else’s User Account at any time.

  1. You agree and acknowledge that you shall not use the Platform for any illegal or unauthorized purpose. You agree to comply with all Applicable Laws pertaining to your use of the Platform.

  1. MedCords shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure your compliance with these Terms or Applicable Laws, at its sole discretion.

  1. YOUR POSTS AND REVIEWS

  1. The Platform may allow you to post certain content, data or information belonging to you, such as reviewing and allowing you to share your experience and views about a particular service, and rate service, post your comments and reviews in relation to such services on the Platform on specific pages of the Platform, as well as submit/ post any suggestions, comments, questions or other information to MedCords using the Platform (collectively referred to "User Content").

  1. You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Platform. You represent and covenant that you have obtained all relevant consents and approvals in order to post any User Content and shall not post any content relating to or owned by a third party for the promotion or sale of products/ services of such third party. You further represent that all such User Content will be in accordance with Applicable Laws. You acknowledge that MedCords does not endorse any User Content on the Platform and is not responsible or liable for any User Content. MedCords reserves the right to remove any third-party marketing material and disable access to the User Content on the Platform.  

  1. You hereby grant MedCords a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (a) the User Content is accurate; (b) use of the User Content you supply does not breach these Terms; and (c) that such User Content is lawful.

  1. You further represent and warrant that while posting any User Content on the Platform you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

  1. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

  1. Except for User Content, all of the content and services and products provided on the Platform, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by MedCords or others (including without limitation, the other Channel Partners, third party service providers or participants) that MedCords licenses such content from, and is protected by copyright, trademark, patent and other intellectual property laws.

  1. You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by MedCords and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of MedCords and such others. You thereby agree to protect the proprietary rights of MedCords during and after the term of these Terms. You may not selectively download portions of the Platform without retaining the copyright notices. You may download material from the Platform only for your own personal use and for no commercial purposes whatsoever.

  1. You shall use the Platform strictly in accordance with these Terms, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Platform; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Platform; (c) violate any Applicable Laws, rules or regulations in connection with your access or use of the Platform; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Platform; (e) use the Platform for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Platform or other services; (g) use the Platform for any purpose not in accordance with these Terms; (h) use the Platform for creating a service or software that is directly or indirectly, competitive with the Platform or any services offered by MedCords whether via. the Platform or other Partner Platforms; or (i) derive any confidential information, processes, data or algorithms from the Platform.

  1. Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under Applicable Laws of the country.

  1. RIGHTS & RESERVATIONS

  1. MedCords reserves the right to:

  1. Make all decisions in relation to inter alia your registration with MedCords;

  1. Request additional documents and additional information from you for the purpose of verification along with your registration as a User with the Platform; and

  1. Deny access to the Platform or any portion thereof without notice for the following reasons (i) any unauthorized access or use by you; (ii) attempt(s) to assign or transfer any rights granted to you under these Terms; (iii) violation of any of the provisions of these Terms or any Applicable Laws.

  1. Change or discontinue, at any time, any aspect or feature of this Platform without notice, including but without limitation, any offer/discount made available.

  1. TERMINATION OF ACCESS TO THE PLATFORM

  1. Your User Account can be terminated at any time by:

  1. You, by ceasing to use the Platform. Notwithstanding anything stated herein, you shall be liable to complete all pending orders received and accepted by you from Aayu Users prior to such termination of the User Account.

  1. MedCords, in its sole discretion for any reason or no reason, including your violation of these Terms or lack of use of Platform. You acknowledge that the termination of access to the Platform may be affected without any prior notice, and MedCords may immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the Services, subject to Applicable Law.

  1. REPRESENTATIONS

  1. You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.

  1. You hereby represent to MedCords under agreements entered into in this behalf that you have the requisite licenses under Applicable Laws for providing services on the Platform. While MedCords makes reasonable enquiries to confirm the veracity of this representation made to MedCords by you, MedCords shall not be responsible for any misrepresentation or fraud in this regard. Neither does MedCords recommend, nor does MedCords endorse you or make any representations or warranties with respect to quality of the services provided by you on the Platform.

  1. LIMITATION OF LIABILITY

  1. IN NO EVENT SHALL MEDCORDS, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDCORDS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF MEDCORDS VIS-À-VIS ANY USER OF THE PLATFORM, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF TRANSACTION AMOUNT PAID BY MEDCORDS TO THE RELEVANT USER. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

  1. MedCords, at no point of time, endorses or recommends you or services or views or information provided by you on or through the Platform.

  1. DISCLAIMER OF WARRANTIES

  1. THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "MATERIALS") ARE PROVIDED BY MEDCORDS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MEDCORDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE MATERIALS AND THE ACCURACY OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDCORDS OR THROUGH OR FROM THE PLATFORM OR CONTENT SHALL CREATE ANY WARRANTY. MEDCORDS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. MEDCORDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE MATERIALS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, MEDCORDS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.  

  1. MedCords, at no point of time, endorses or recommends you or your services or any views or information provided by you on or through the Platform.

  1. INDEMNIFICATION

You shall indemnify and hold harmless MedCords, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party, including a User.

  1. PRIVACY POLICY

Please review the Privacy Policy, which also governs your visit to the Platform, to understand MedCords’ privacy practices. The information / data provided to MedCords by you during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and Applicable Laws and regulations. If you object to your information being transferred or used, please do not use the Platform.

  1. ASSIGNMENT

MedCords reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.

  1. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Kota, Rajasthan. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996 thereto and shall be conducted by the Arco Dispute Resolution Private Limited in accordance with their Arbitration Rules. The arbitral award will be final and binding upon the Parties. The seat and venue of arbitration shall be Kota, Rajasthan. The Parties can also opt to resolve the dispute(s) in order to reach amicable resolution through online mode via ODR/ Zoom/ Google Meet platform.

  1. SEVERABILITY AND WAIVER

These Terms, the Privacy Policy, the Channel Partner Agreement (if applicable) and other referenced material herein or on the Platform, are the entire agreement between you and MedCords with respect to the services offered on the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MedCords with respect thereto and govern the future relationship. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  1. GRIEVANCE REDRESSAL MECHANISM

  1. In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Name:                Vipin Verma

Address:        Third floor, 1-ka-22, Kalptaru, Vigyan Nagar, Kota,

Kota, Rajasthan,324005

Cell:                 9571224686

Email:                 vipin.verma@medcords.com

  1. For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of these Terms or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

  1. HOW TO CONTACT US

If you have questions or concerns about these Terms, please contact MedCords at the following email address: contact@medcords.com