Terms and Conditions
Overview
Please read these Terms of Service carefully before accessing or using our Website. By accessing, browsing, in any way transacting or using any part of the Site, or purchasing a product or service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“ Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. These Terms of Service constitute a legal and binding contract between you, the user (“you”, “your”, “User”), and RxDx. If you do not agree to all the Terms, then you may not access the Website or use any Service.
Any new features, tools, content or other functionalities added to the Website shall also be subject to these Terms of Service. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for the latest Terms. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
This Website is hosted on Amazon Web Services (AWS), built on the WordPress platform, and its e-commerce store is built on WooCommerce, which enables us to sell our products and services to you.
If you navigate away from the Website to a third-party website, you may be subject to alternative terms of use and other policies specified on that website.
Other policies and terms governing your use of this Website are described in:
Privacy Policy
Cancellations, Returns, Refunds and Replacements Policy
Customer Support Policy
Cookie Policy
Please read these policies carefully. These policies are an integral part of these Terms of Service.
About this Website
- Online purchase of pharmaceutical products sold by RxDx (“medicine”, “medication”)
- Diagnostic laboratory test services offered by RxDx (“lab tests”)
- Appointment booking for consultancy services offered by RxDx physicians online and at RxDx locations (“doctor appointments”)
- Sharing of information regarding health and wellness (“information services”)
- Announcements of news, activities, offers, programmes, and other events with which RxDx is associated or of general interest (“news”, “events”, “offers”, “promotions”) and
- Online payment for Services using a third-party payment gateway (“Payments”).
About this Website
- Online purchase of pharmaceutical products sold by RxDx (“medicine”, “medication”)
- Diagnostic laboratory test services offered by RxDx (“lab tests”)
- Appointment booking for consultancy services offered by RxDx physicians online and at RxDx locations (“doctor appointments”)
- Sharing of information regarding health and wellness (“information services”)
- Announcements of news, activities, offers, programmes, and other events with which RxDx is associated or of general interest (“news”, “events”, “offers”, “promotions”) and
- Online payment for Services using a third-party payment gateway (“Payments”).
General Conditions
These Terms of Service are published in compliance with and are governed by the provisions of Indian law, including and limited to:
- The Indian Contract Act, 1872 (“Contract Act”)
- The (Indian) Information Technology Act, 2000 (“IT Act”) and its rules, regulations, guidelines and clarifications, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules)”, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”)
- The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”)
- The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”)
- The Indian Medical Council Act, 1956, read with the Indian Medical Council Rules, 1957 (“MCI Rules”)
- The Pharmacy Act, 1948 (“Pharmacy Act”) and
- The Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020 (“Consumer Protection Rules”).
RxDx authorises you to view and access the Website solely for the purpose of availing our Services under these Terms of Service.
The contents of the Website, including information, text, graphics, images, logos, buttons, icons, software code, design, and the collection, arrangement and assembly of content, may contain third-party content (“third-party content”) as well as in-house content provided by RxDx, including without limitation text, copy, audio, video, photographs, illustrations, graphics and other visuals (“RxDx content”). RxDx content is the property of RxDx and is protected under copyright, trademark and other applicable law(s). You shall not modify RxDx content, nor shall you reproduce, display, publicly perform, distribute or otherwise use RxDx content in any way for any public or commercial purpose or for personal gain.
You may not use our Website or Services for any illegal or unauthorised purpose. Nor may you, in the use of the Website or Services, violate any laws in your jurisdiction.
You must not transmit any worms, viruses or code of a destructive nature.
Complying with these Terms entitles you to a personal, non-exclusive, non-transferable, limited privilege to access and transact on this Website.
A breach or violation of any of the Terms will result in immediate termination of your Services.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
These Terms constitute an electronic record in terms of the IT Act as applicable and any amendments. This electronic record is generated by a computer system and does not require a physical or digital signature.
User Conditions
Registration on or use of the Website is only available to natural persons, other than those who are “incompetent to contract” as defined under the Contract Act. That is, persons, including minors, undischarged solvents, etc. are ineligible to register on, use or access the Website.
You may be required to register on the Website to avail some of our Services. As part of the account registration process, you may be asked to provide the following personal information:
Name
User ID;
E-mail address
Postal address, including country and postal code
Sex
Age or date of birth
Telephone number
Password for your account.
You may also be required to provide valid financial account information for Payments.
You may provide other information voluntarily.
A registered User ID can only be used by the person whose details have been provided at the time of registration. RxDx does not permit multiple persons to share a single User ID. However, the parent or legal guardian of a person “incompetent to contract” is permitted to access and use the Website to procure Services on behalf of such a person.
Organisations, companies and businesses may not become registered members on the Website or use the Website through their individual employees or representatives, and should contact RxDx for assistance.
You agree and acknowledge that you will
- Create only one (1) account
- Provide accurate, truthful, current and complete information when creating your account and in all your dealings with RxDx through the Website
- Maintain and promptly update your account information
- Maintain the security of your account by not sharing your password with others, restricting access to your account and digital device
- Promptly notify RxDx if you discover or suspect any security breaches relating to the Website
- Be responsible for all activities that occur under your account and accept all risk of unauthorised access.
This Website uses cookies. To know more about the cookies we use, what information we collect and how we use it, please refer to our Cookie Policy.
Accuracy, Completeness & Timeliness of website Information
This Website may contain historical information that is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to our Site.
Modifications to Services and Prices
We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of any Service.
Products and Services
Platform to facilitate transaction of business
Through the Website, RxDx facilitates the purchase of drugs and other pharmaceutical and healthcare products through RxDx pharmacies (“Pharmaceutical Goods”).
You understand and agree that all items offered for sale on the Website, and the content made available by the manufacturers of such Pharmaceutical Goods, are third-party products and content. RxDx has no control over such third-party products or content, and does not originate or initiate the transmission, select the sender or recipient of the transmission or the information contained therein. The authenticity and genuineness of the Pharmaceutical Goods made available on RxDx is the sole responsibility of the manufacturer. While RxDx makes every effort to work with reputable and reliable suppliers, we accept no liability for the authenticity of the Pharmaceutical Goods offered for purchase through the Website.
Non-performance of contract
RxDx shall not and is not required to mediate or resolve any dispute or disagreement between you and the manufacturer of Pharmaceutical Goods.
Exhibition of drugs and publication of Pharmaceutical Goods manufacturer-provided content on the Website
This Website contains third-party content which includes catalogues of Pharmaceutical Goods and related information. This third-party content, including without limitation text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement or promotion of any Pharmaceutical Goods offered for sale on the Website, or any professional medical advice, diagnosis, treatment or recommendations of any kind.
We strongly urge you to perform your own independent check of the veracity and accuracy of information regarding Pharmaceutical Goods.
Prescription drugs
Users of this Website require a valid medical prescription issued by a physician to purchase certain Pharmaceutical Goods. To purchase such Pharmaceutical Goods, you are required to upload a scanned copy of a valid prescription on the Website while placing an order. Orders containing prescription Pharmaceutical Goods will not be processed without a valid prescription. RxDx reserves the right to verify the prescription prior to order processing. If we observe any discrepancy, we reserve the right to cancel your order immediately. You may be required to make the original prescription available at the time of order delivery.
RxDx shall maintain a record of all prescriptions uploaded by Users.
Substitution of prescribed drugs
Substitutes for prescription Pharmaceutical Goods shall only be processed if the prescribing physician has in the prescription permitted an equivalent generic drug to be dispensed in place of the prescription Pharmaceutical Good, or if the prescription lists the generic name rather than a specific brand name.
Invitation to offer for sale
Notwithstanding anything contained in any other part of these Terms, the listing of Pharmaceutical Goods on this Website is merely an “invitation to offer for sale” and not an “offer for sale”. By placing an order, you offer to enter into an agreement with RxDx (“Offer”). Our acceptance of your Offer shall only be undertaken after the validation / verification of the prescription and the ascertainment of the available stock, by means of a confirmatory communication.
Transfer of property and completion of sale
Upon our acceptance of your Offer, the Pharmaceutical Goods in your order will be dispensed by an RxDx pharmacy in accordance with the terms of your order, under the direct supervision of a qualified pharmacist where required by law.
Upon this dispensation, the property and title in the Pharmaceutical Goods shall stand immediately transferred to you. We shall issue the invoice for your order of Pharmaceutical Goods from the dispensing RxDx pharmacy.
Delivery of drugs
Your order shall be delivered to the address you provide at the time of checkout. We work with third-party logistics companies to deliver orders of Pharmaceutical Goods. You may be asked to show a government-issued identity document to collect your order. RxDx accepts no liability for incorrect addresses or delivery taken by individuals other than the person who placed the order.
Diagnostic Services
Notwithstanding anything to the contrary contained herein, RxDx laboratories are responsible and liable to serve Users who avail Services through this Website. Services should not be used for emergency appointment purposes. RxDx does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information, test results or reports stored on this Website as a result of laboratory diagnostic services. You are advised to first consider the report you receive directly from the laboratory.
RxDx offers home sample collection for laboratory diagnostic testing in certain locations, subject to availability. We do not guarantee that the home collection service will be available at times when you wish to use it, or in areas where you wish home collection to be made. The price for this service is subject to change without prior notice.
Physician Consultancy Services
RxDx medical experts are not your physician or healthcare provider. By providing information to you through this Website, including in direct response to your questions or postings, individuals in the medical profession providing such information are not by this entering into a doctor-patient relationship with you. They are merely providing you information on various medical conditions, diagnoses and treatments, and the information so provided does not constitute a direct medical diagnosis, treatment or prescription. The information on this Website should not be relied upon as a substitute for or equivalent to sound professional medical advice, evaluation or care from your physician or other qualified healthcare provider.
In no event with RxDx be directly or indirectly liable for any advice, medical consultancy or loss arising from the information that medical experts may provide you or that you may avail as part of the Services through this Website.
Any e-prescription which may be issued to you by medical experts through this Website is not a valid prescription under Indian law, and may not be used for dispensation of medicines by any pharmacist. If you request us to process the e-prescription, or any form of prescription, whether original or a scanned copy of the original, to facilitate orders of medicines, we assume no responsibility or liability, direct or indirect, with regard to the Pharmaceutical Goods, which shall at all times be at your sole risk and the sole responsibility of the manufacturer.
Even if your physician is on this Website, personal medical advice, treatment and diagnosis are not permitted through the Website. You may not solicit these or use any information on this Website as if it were personal advice, treatment or diagnosis.
You may use the Website to find a suitable physician, book an appointment with a physician or healthcare service provider, and make payments for such services. We do not recommend or endorse any specific medical expert(s), tests, products, procedures, opinions or any other information on this Website.
The Services are not for use in medical emergencies or critical health situations requiring prompt medical attention. In case of such a medical emergency, please contact the nearest physician, hospital or related helpline.
The opinions, statements, answers and teleconsultations (collectively “Consultation”) provided by medical experts through the Website are solely the individual and independent opinions and statements of those medical experts and do not reflect the opinions of RxDx, its affiliates or any other organisations or institutions to which such medical expert, specialist or medical professional is affiliated.
The inclusion of medical professionals, specialists and experts on the Website does not imply recommendation or endorsement, nor is such information intended as a tool to verify the qualifications, credentials or abilities of any medical professionals, specialists and experts. Such information is provided on an as-is basis. RxDx disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Notwithstanding anything to the contrary contained herein, you alone shall be liable for your deals and interactions with patients or medical experts, as the case may be, contacted or managed through the Website. Interactions between medical experts and patients through the chat window, online meetings or telephones and e-prescriptions issued thereby may be accessed by RxDx for the purpose of monitoring the quality of the Consultation.
RxDx may at our sole discretion suspend the User’s or the medical expert’s ability to use or access the Website at any time while RxDx investigates complaints or alleged violations of these Terms, or for any other reason. RxDx has the right to edit the profiles of medical experts to make them more suitable for User searches of the Website.
Risks of using Website Services
In an online Consultation, the physician will not be examining you physically. Whether at an in-person Consultation or online, the medical expert may not have access to some or all of your medical history. During an online Consultation, the medical expert will not have the benefit of information obtained by examining you in person, observing your physical condition or going through your medical records. The medical expert may not be aware of facts that affect his or her opinion on your diagnosis or treatment. Service provided online are therefore different from the diagnostic and treatment services typically offered by a physician. To reduce the risk of this limitation, RxDx strongly encourages you to visit a physician in person.
By requesting a medical opinion through this Website, you acknowledge and agree that:
The advice, information or opinion on diagnosis you receive can be limited and provisional;
The medical opinion is not intended to replace an in-person Consultation;
In case of a second opinion where there is a difference of opinion among medical experts, you bear the responsibility to decide on an online or in-person Consultation, procedure and/or treatment;
The medical expert relies on the information you provide, and any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;
The medical expert may determine that the information you provide is inadequate and may ask for more information, without which he or she may refuse to answer your queries or state an opinion;
The medical expert may determine that a medical opinion may not be possible without a physical examination, and may refuse the Consultation forthwith;
Online security protocols may fail, causing a breach of privacy of personal medical information; and
Delays in medical evaluation and answers may occur due to deficiencies or failures of the Service as mentioned in these Terms of Service.
Payments, Fees and Taxes
Registration on the Website and access to the information on the Website are free. RxDx does not charge any fee for accessing or browsing the Website. RxDx uses a third-party payment gateway to facilitate your payments and bears no responsibility for any loss or damage caused to Users during the payment process.
All fees include applicable taxes, except for certain derma, cosmetics and other procedures which may attract taxes which are identified separately during checkout.
RxDx reserves the right to modify the fee structure on the Website at any time without prior notice. Such modification shall be considered as valid and agreed communication.
To process payments, RxDx may require details of Users’ bank account, credit card number, UPI ID etc. Please refer to our Privacy Policy to find out how RxDx uses your confidential information.
You may make payments on the Website using:
Wallets. PayTM, AmazonPay, Mobikwik, Airtel Money, Freecharge, Ola Money, Jio Money, PhonePe, BHIM, and Google Pay.
All debit and credit cards.
Cash on Delivery. COD is accepted only for Pharmaceutical Goods for delivery in certain areas of Bengaluru. Please contact us to check whether we currently offer COD in your area.
Security details for payment. This Website is API integrated.
Chargeback options. This Website does not support chargebacks.
Cancellations, Returns, Refunds and Replacements Policy
Disclaimer of Warranties and Limitation of Liability
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service, and all products and services we deliver to you through the Service are, except as expressly stated by us, provided “as-is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall RxDx, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Services, or for any other claim related in any way to your use of our Services, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility.
In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the value of the Services related to which the claim is made.
Force Majeure
Should a Force Majeure Event arise, RxDx, depending on whose performance has been impacted under these Terms of Service, shall immediately give notice to the other party(ies) of the facts constituting the Force Majeure Event.
RxDx does not bear any responsibility for restoration of Services, compensation for losses and damages, or communications regarding the potential timetable for resolution of Force Majeure Events.
Indemnification
Severability
Waiver
Termination
These Terms of Service are effective unless and until terminated by you or by us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services and cease using our Website. Should you subsequently resume the use of our Website, these Terms will govern your usage.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against us.
Governing Law
Changes to Terms of Services
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
