Infringement Policy

This Infringement Policy is published in accordance with the provisions laid down under, including but not limited to

• The Indian Contract Act 1872,
• The (Indian) Information Technology Act, 2000, 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 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
• Rule 3(1)(a) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the same constitute "Electronic Record" within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder.

This Policy being an electronic record does not require any signature and meets the stipulations and conditions mentioned in Section 65B(2) of the Indian Evidence Act 1872.

1. Preface

The following terms and conditions govern all use of the Platform located at https://emedhealthmart.com/ ("Platform", etc.), any affiliates, subsidiaries, or holding Company of EMed HealthMart including but not limited to www.emedhealthtech.com, www.emedstore.in, etc. EMed HealthMart platform (including "app", "application", "website", "software", "platform", "Software as a Service platform", "SaaS Platform", etc.) and including all of the materials, documents, text, images, graphics, animation, videos and other information and content included in or available at the Platform (Content). The Platform, EMed HealthMart apps, contents, all EMed HealthMart products, materials located on or accessible through the Platform, and any services provided on the Platform are collectively referred to as the "Service".

The Platform is operated and owned by EMed HealthTech Private Limited, a company incorporated under the Companies Act, 1956, and having its registered office at A/707, Mondeal Heights, Ahmedabad, Gujarat- 380015. For the purpose of these Terms of Service, wherever the context so requires, "you" or "User" shall mean any natural or legal person who has agreed to become a user on the Platform by entering into an agreement with EMed HealthTech. The terms "EMed HealthTech", "EMed HealthMart", "we", "us", or "our" shall refer to EMed HealthTech Private Limited.

2. Applicability

The Policy applies to you whether you are -

• A medical practitioner, Pharmacy, Lab, or health care service provider (whether an individual professional or an organization) or a similar institution listed on the Platform; or
• A patient, his/her representatives or affiliates, or any legal entity, searching for Pharmacy, Lab, or Practitioners through the Platform ("End-User").

3. Introduction

EMed HealthTech respects the intellectual property rights of others, and we do not hold any responsibility for any violations of any intellectual property rights.

EMed HealthMart portal contains the trademark, logos, trade name, service marks, and other marks (collectively "Marks"), which are the intellectual property of EMed HealthMart or respective third parties. You understand that EMed HealthMart uses the Marks of respective third parties procured from the owner and/or distribution channel. In doing so, EMed HealthMart has no intention, whatsoever, to acquire rights of use or license to these Marks.

This Infringement policy helps in creating a safer marketplace by prohibiting the use of the EMed HealthMart portal for infringing the intellectual property rights of third parties or of the rightful owner. EMed HealthMart policy requires sellers and buyers or users to comply with all governmental laws and regulations, including but not limited to the Infringement policy as amended from time to time.

If you see something on the EMed HealthMart portal, which you believe is violating intellectual property rights, please send an infringement intimation to EMed HealthMart at info@emedhealthmart.com.

EMed HealthMart will be unable to process requests which do not specify exact product IDs or URLs, and the details are specified below. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time.

4. How to report a listing

If you have a good faith belief that your IP right has been infringed by any of the listings displayed on EMed HealthMart’s portal, you may follow the below process and /or seek Legal advice.

We require that the Intellectual Property right owner or authorized representative provide the following details and email to the aforementioned email id.

5. The email should contain the below information.

• Identification or description of the Intellectual Property Rights that have been infringed.
• Unambiguous identification or description of where the material that you claim is infringing is located on the EMed HealthMart portal with adequate particulars. Product ID/website links of infringing products.
• Your address, telephone number, and email address.
• A statement by you, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
• Brand/Trade Name (in case of Trademark infringement)
• Details of the intellectual property being infringed (Provide copyrighted images or trademark certificates as attachments)
• Details/documents of legal proceedings initiated against the entities (infringing the Intellectual Property rights of the owner)

6. Grievance Redressal policy.:

EMed HealthMart shall take all necessary steps and/or remove the infringed product/details from its portal within 15 (Fifteen) working days, subject to verification of the details as given above and the nature of the complaint.

7. EMed HealthMart’s Right:

• We work with manufacturers, rights holders, content owners, vendors, and sellers to improve the ways we detect and prevent Inauthentically, Counterfeit & Pirated Goods/Products from reaching EMed HealthMart’s users.
• We also work with rights holders and law enforcement agencies to take and support legal action against sellers who knowingly violate this Policy and sell Counterfeit & Pirated Goods/Products to users/customers through our Platform.
• We review, audit, and validate the product listings periodically and if we find any Inauthentic listings, we remove the said suspect listings based on our review and audit.
• If we receive a complaint from users or rights owners regarding Counterfeit & Pirated Goods/Products, we will promptly investigate and take all appropriate actions to protect customers, sellers, and rights holders.

8. Report Us:

• EMed HealthMart does not use nor condone the use of piracy and violation of the rights of respective copyright holders. We also expect every person associated with our Platform to adhere to our ethical business standards and our practices and procedures. We strictly prohibit the selling of counterfeiting, pirated, or illegal products by any person on our Platform. If any person is selling counterfeiting, pirated or illegal products, then, as and when the same is brought to our notice, we leave no stone unturned to initiate necessary action in that context.
• If you find anything on our Platform, or if you believe that any particular products of the seller or any particular seller are selling Counterfeiting, Pirated, or illegal Products, you can report to us, in accordance with our Infringement Policy, along with supporting documents/evidence to support your claim enabling us to validate your allegations.