Terms & Conditions

Effective date: 2022-10-07.

If you are experiencing a medical emergency, seek immediate attention from a healthcare provider. This website does not provide medical advice.

These Terms and Conditions of Use (hereinafter referred to as “Terms”) are published in accordance with the provisions laid down under, including but not limited to

• The Indian Contract Act, of 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.

These Terms being an electronic record, do not require any signature and meet 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. Your Acceptance of This Agreement

By using the Platform, you agree to be bound by these Terms of Service  (these "Terms"). The Terms shall be deemed to include all other operating rules, conditions, policies, and procedures that are referred to herein or that may otherwise be published at the Platform by us from time to time (collectively Policies), including, without limitation, the Privacy Policy.

This Agreement (hereinafter defined) sets out the Terms under which the User(s) (hereinafter defined) is/are permitted to use Platform and the Services (hereinafter defined) offered by EMed HealthMart through its website www.emedhealthmart.com ("Website"), telephone search, SMS, WAP or any other medium using which EMed HealthMart may provide the search services (collectively "Platforms")

3. Applicability

The Agreement applies to you whether you are -

• A medical practitioner, Pharmacy, Lab, or health care service provider (whether an individual professional or an organization) or 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”).

This Agreement applies to the services offered by EMed HealthMart on the platform, which are offered to the Users (“Services”).

4. Use of Services

Please note that by using the Services, you are agreeing to these Terms. Your consent to be bound by these terms is both on your own behalf and on behalf of any corporate entity that employs you or which you represent, and the term “you” as used herein will be deemed to refer to both you and your employer, jointly and severally. If you are an employee, contractor, or otherwise using or subscribing to the services by or on behalf of a corporate entity, organisation, or any other third party entity, you represent and warrant to EMed HealthMart that:

1. You are of the age of majority in your jurisdiction.
2. You have all the requisite capacity, right, power, and authority to accept this licence on behalf of such an entity.
3. And such entities shall be irrevocably bound by and shall comply with all of the terms and conditions of this Agreement.
4. EMed HealthMart will preserve your data for up to 30 days before deleting it permanently if your account is suspended or terminated for the reasons, including but not limited to violation of these Terms on your behalf.
5. The Services will continue to evolve as we refine features and functionality. We may terminate, suspend, or modify the Services, in general, or with respect to you, from time to time without cause or prior notice. All documents and information on the EMed HealthMart platform are protected by copyright. Except as specifically permitted herein, no portion of the documents or information on this Platform may be reproduced in any form or by any means without the express written consent of EMed HealthMart.
6. You will not impersonate any other person or use a false identity (the name of some other person or entity).
7. You are responsible for all postings or other activities performed using your username and password.
8. You will not access or attempt to access the account of any other person or any other area or section of this website that is restricted and to which you have not explicitly been granted access.
9. You will not take any action designed to interfere with the operation of this website. 

5. Affiliated Companies

We are part of the EMed HealthTech. As part of this arrangement, EMed HealthMart receives information from, and shares information with, the EMed HealthTech as described in EMed HealthMart’s Privacy Policy, including ___; to ensure security, safety, and integrity across the EMed HealthTech products; and to improve the experience across our products. Learn more about EMed HealthTech and its terms and policies here.

6. Licence to Your Materials

All information, comments, reviews, postings, photos, videos, chat or other items submitted by you to us through the website or on non-private portions of the website are collectively referred to as "Your Materials". When you upload or otherwise submit Your Materials to our website, you give us a worldwide, perpetual, unlimited, non-exclusive, transferable, sub-licensable, royalty-free licence to use, host, store, reproduce, modify, create derivative works, communicate, and distribute Your Materials in any form or format. This licence is for the purpose of operating, promoting, and improving the website and our business, and permitting us to work with and share Your Materials with others as necessary to operate the website and as consistent with our Privacy Policy. This licence continues even if you stop using the website and this Agreement terminates. Some aspects or features of the website may provide an opportunity to remove or delete some or all of Your Materials; however, you understand and agree that such features may not be effective.

7. Limitation of Liabilities

The website is provided as-available and as-is, without warranty of any kind, express or implied, including, without limitation, warranties of title or noninfringement or the implied warranties of merchantability or fitness for a particular purpose. We may discontinue or alter all or a portion of the website and any related services at any time without notice. We may also suspend or terminate any user's account at any time for any reason or no reason. In the event the website contains any pricing errors, inaccurate or outdated information, or other errors, we reserve the right to correct such errors and are not required to honour any pricing or other errors. Although the website may provide links to third-party websites or services, we do not endorse or recommend and are not liable for any such third-party items or services.

Your sole and exclusive remedy for any dissatisfaction with the website or for any actions or omission by us related to the website, as well as any resulting alleged injury or damage, is to stop using the website.

The results of any search Users perform on the Platform for Practitioners should not be construed as an endorsement by EMed HealthMart of any such particular Pharmacy or Practitioner. If the User decides to engage with a Pharmacy or a Practitioner to seek medical services, the User shall be doing so at his/her own risk.

You agree that under no circumstance shall any of us (including our owners, employees, affiliates, or vendors) be liable for any damage resulting from your use or inability to use the website. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers all losses and claims of any type, including, without limitation, direct or indirect, special, incidental, reliance, consequential, exemplary, and punitive damages, lost profits, or damages resulting from lost data or business interruption.

If you are dissatisfied with or injured by any service or item received from or provided by a third party in conjunction with your use of the website (for example, if you have a negative reaction to a drug), we are not responsible for such item, and your sole and exclusive remedy is to pursue the such matter with the third party supplying or manufacturing the such item. You acknowledge that in the absence of your Agreement to this limitation of liability section and the other sections contained herein in this Agreement, we would not provide the website, the services or the content to you.

8. Severity

Should any term of these Terms be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof, which shall be interpreted so as to give maximum effect to the intention of the void or unenforceable term. These Terms, together with the Privacy Policy and Services subscription order forms accepted by EMed HealthMart, and any terms of service posted on EMed HealthMart's Platform represent the entire Agreement between you and EMed HealthMart with respect to the subject matter hereof and supersede any prior proposal, representation, or understanding between the parties. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Titles used in these Terms are for purposes of convenience of reference only and shall not be considered in constructing these Terms.

9. Health Information Disclosure

This website is designed to offer you general health information for educational purposes only. The health information furnished on this website and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist or other health care professional. You must always seek the advice of a professional for questions related to your disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this website.

EMed HealthMart does not make any warranty that the content on this website satisfies government regulations requiring disclosure of information on prescription drug products. While the information on this website has been obtained from sources believed to be reliable, neither our content providers nor we warrant the accuracy of codes, prices or other data contained on this website.

EMed HealthMart does not give medical advice, nor do we provide medical or diagnostic services. Your reliance upon information and content obtained by you at or through this website is solely at your own risk. Neither our content providers nor we assume any liability or responsibility for damage or injury to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content or services provided to you.

10. Licence to Use Our Services

Subject to these Terms, we grant to you a limited, non-exclusive, non-assignable, non-sublicensable, royalty-free, non-transferable licence to use our Services. Your right to use our Services is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this licence granted to you, we and our licensors retain all rights, title, and interest in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorise any third party to:

• reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services;
• rent, lease or sublicense access to any of our Services; or
• circumvent or disable any security or technological features or measures of our Services. Certain of our Services are provided at no cost, and certain Services are subject to various fees.

11. Trademark Notice

EMed HealthMart’s names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of EMed HealthMart. All rights are reserved. You are not authorised to use any such trademark in any advertisement, publicity or in another commercial manner without our prior written consent. All other trademarks appearing on the website are the property of their respective owners.

12. Postings, Messages or Comments.

Certain portions of this website may permit you to upload or post comments, messages, feedback, images, or other information or items. In your use of this website, in addition to the restrictions and limitations described in Section 4 (“Use of Services”), you understand and agree to the following:

• You will not post, transmit, or link to any material, websites or other information or content that is libellous, defamatory, false, obscene, indecent, lewd, offensive, violent, abusive, threatening, harassing, discriminatory, or an expression of hate speech;
• You may only post, upload or transmit materials (including photos, audio or video) for which you own the copyright and all other relevant rights. You may not violate, plagiarise, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You agree that any materials you post or upload will be owned by you or be in the public domain;
• You may not solicit other users or distribute advertising for products or services through the website, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses or other contact information for the purpose of sending bulk email or other messages to other users of the website;
• If you choose to post items in a group, public or "chat" portions of the website, such items will be available to the other individuals using the website, and we do not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information. Always use caution in posting personally identifying information in such areas, as these postings will be deemed public and non-confidential;
• You will not post any material that violates any law or regulation;
• You will not post personal or private information regarding anyone other than yourself (for example, you will not publish a telephone number, financial information or address information regarding another person) unless you are the parent or guardian of such person or are otherwise explicitly authorised to act on such person’s behalf;
• If you provide content via any other social media channel, your activity is subject to the rules specific to such other outlet;
• We are under no obligation to review any postings, but we may review and remove any posting that we, in our sole judgement, determine is illegal, harmful, a violation of these Terms, or otherwise not appropriate;
• You understand that Prime is not responsible for the information or items posted by other website users, and such information may be inaccurate or harmful. Your use or reliance on any such information is at your own risk.

13. Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason at our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other rights of any person or entity threatens the personal safety of users of the Websites or the public or could create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including referral to law enforcement without limitation, for any illegal or unauthorised use of the Platform.

Terminate or suspend your access to all or part of any of the Platforms for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. You waive and hold harmless the Company and its affiliates, licensees and service providers from any claims resulting from any action taken by the Company or any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or such parties or law enforcement authorities.

However, we cannot and do not undertake to review all material before it is posted on any of the Websites, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

14. Content Standards

These content standards apply to all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organisation.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

1. Copyright Policy

Infringement Notice

Responsibilities of marketplace owner

15. Guidelines For Listings and Advertising

EMed HealthMart (the “Company”) is inter alia engaged in the business of providing a platform to search for pharmacy stores and healthcare clinics vide its website namely www.emedhealthmart.com (“Website”). The Company seeks to inform the individuals, entities, and organisations interested in listing themselves or placing advertisements, (the “Advertisers”) on the Website of the Company of the terms and conditions for placing such advertisements (the“Advertising Policy”).

   A) For the Advertisers

Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectations, misleading or offending; must be responsible and of the highest standards, and without compromising consumer protection. This Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.

   B) General Rules

All the advertisements must comply with these Advertising Policies,(the “Policies”). The Company may, at any time and without having to serve any prior notice to the 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. It is the responsibility of the Advertisers, in such cases, to review the terms of the Advertising Policy from time to time. Such changes shall be made applicable when they are posted. The Company may also alter or remove any content from the Website without notice and without liability.

The Advertisers are also responsible for ensuring that their advertisements comply with all applicable laws, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.

   C) Review

All the listings and advertisements are subject to the review and approval of the Company. The Company reserves the right to reject or remove any listing or advertisement at their sole discretion for any reason. The Company also reserves the right to request modifications to any listing or any advertisement, and to require factual substantiation for any claim made.

   D) Prohibited Content

The listings and advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The details contained in the listing or advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:

• Content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
• Content depicting nudity, sexual behaviour, or obscene gestures;
• Content depicting drug use;
• Content depicting excessive violence, including the harming of animals;
• Shocking, sensational, or disrespectful content;
• Deceptive, false or misleading content, including deceptive claims, offers, or business practices;
• Content that directs users to phishing links, malware, or similarly harmful codes or sites; and
• Content that deceives users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information

   E) Prohibited Advertisements

Advertisements for the following products and services are prohibited:

• Adult products and services (other than contraceptives; see below);
• Cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
• Products or services that bypass copyright protection, such as software or cable signal descramblers;
• Products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
• Get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
• Illegal or recreational drugs or drug paraphernalia;
• Counterfeit, fake or bootleg products, or replicas or imitations of designer products;
• Firearms, weapons, ammunition, or accessories;
• Advertisements that promote particular securities or that provide or allege to provide insider tips; and
• Any illegal conduct, product, or enterprise.
• Unapproved pharmaceuticals and supplements
• Prescription drugs.
• Products that have been subject to any government or regulatory action or warning
• Products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance
• material that directly advertises products to or is intended to attract children under the age of 13.

   F) Prohibited Advertisements under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

Subject to the provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (the “Act”), no person shall take any part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for –

• the procurement of miscarriage in women or prevention of conception in women; or
• the maintenance or improvement of the capacity of human beings for sexual pleasure; or
• the correction of menstrual disorders in women; or
• the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Act:
• 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 registered medical practitioner or for which there are normally no accepted remedies.
• Prohibition of misleading advertisements relating to drugs

   G) Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which--

• directly or indirectly gives a false impression regarding the true character of the drug; or
• makes a false claim for the drug; or
• is otherwise false or misleading in any material particular.

It is hereby clarified that Advertisers will comply with all the provisions of the Act and the rules made thereunder. Further, it is agreed that the Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Act and the rules made thereunder.

   H) Restricted Advertisements

Advertisements in the following categories are restricted and require approval on a case-by-case basis:

• Advertisements that promote or reference alcohol;
• Advertisements for online dating services;
• Advertisements for gambling and games of skill;
• Advertisements for lotteries;
• Advertisements for financial services;
• Advertisements for contraceptives;
• Advertisements for online pharmacies or pharmaceuticals; and
• Political advertisements.

   I) Testimonials & Endorsements

Any testimonials and endorsements contained in advertisements must comply with all applicable laws, 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.

16. Links to Other Sites

The website may include links to other websites or apps that provide information or services which may be of interest to you. We provide these links for your convenience only. We are not responsible for the content of these sites or the programs, agencies, or businesses they describe or for your dealings with such third parties. We are not responsible for the content or privacy practices of other sites or services to which we may link. Please review the applicable privacy policy and terms of such sites and services before using them.

17. Confidentiality of Users

You agree to keep your user and login information confidential. You are responsible for all actions taken using your username and password. If your password has been compromised, contact us immediately.

18. Privacy Policy

EMed HealthMart’s current Privacy Policy is available at URL and is incorporated herein for reference purposes.

19. Indemnity

You agree to defend, indemnify and hold harmless EMed HealthMart, its parent corporation, officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from

• your use of and access to the Platform;
• your violation of any term of these Terms of Service;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• any claim that one of your Submissions caused damage to a third party.
• This defence and indemnification obligation will survive these Terms of Service and your use of the Platform.

The cost of any arbitration or legal suit initiated by a client will be borne out by the client himself. EMed HealthMart will not be liable to either compensate or pay any sum to the client or their representative in matters concerned with the legal suits.

20. Force Majure

EMed HealthMart will have no liability to you, your users, or any third party for any failure by EMed HealthMart to perform its obligations under these Terms in the event that such nonperformance arises as a result of the occurrence of an event beyond the reasonable control of EMed HealthMart, including, without limitation, natural disaster, failure of electricity supply, civil disorder, epidemic, pandemic or other force majeure event.

21. Arbitration

The parties agree that this Agreement will be governed by and construed, and interpreted in accordance with the laws of Ahmedabad (Gujarat, India) jurisdiction.

You agree to bring any and all claims involving the Service Providers or us within twelve (12) months of the date on which such claim first arises; all claims not brought by you within the such time period are waived.

22. General

You may not assign any rights or obligations under this Agreement without our prior written consent. We may assign all or part of this Agreement. We reserve the right to change, modify, and update this Agreement at any time. Your continued use of the website after the updated terms have been posted shall constitute your acceptance of such terms. You should therefore review these Terms of Use periodically to familiarise yourself with any changes, modifications and updates, which we will post on this page or a similar page of the site. If you violate any of the Terms of this Agreement, your authorisation to use our Website and all licences granted herein terminate automatically.

All sections of this Agreement which, by their nature, are designed to survive expiration or termination of this Agreement shall survive. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

23. Contact Information

You may contact us here. You agree that we may provide any and all notices to you by email, telephone, cell phone, or text message, as well as by any other method.