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
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.
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.
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")
The Agreement applies to you whether you are -
This Agreement applies to the services offered by EMed HealthMart on the platform, which are offered to the Users (“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:
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.
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.
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:
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.
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:
We have the right to:
Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
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.
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.
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:
Responsibilities of marketplace owner
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.
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:
E) Prohibited Advertisements
Advertisements for the following products and services are prohibited:
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 –
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--
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:
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
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.
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
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.
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.
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.