i. merapharmacy.technicul.com ("APPS") is an internet-based portal owned and operated by Bright Lifecare Private Limited ("Merapharmacy"), a company duly incorporated under the provisions of the Companies Act, 1956. (collectively the "Services"). These terms and conditions of use ("Terms of Use") of the App between Merapharmacy and the users/ Sellers/registrants of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which Merapharmacy offers You access to the Website and the Services through the app.
ii. CUSTOMER DATA: For providing its Services, Merapharmacy will host data and information. Merapharmacy will not review, share, distribute, or reference any such User data except as provided in the Terms of Use, or as may be required by law. Individual records of User data may be viewed or accessed only to resolve a problem, support issues, or suspected violation of the Terms of Use, or as may be required by law. We would take all reasonable precautions to maintain the confidentiality of data.
iii. Merapharmacy can be reached, for all questions and directions related to this privacy policy, by:
a. Sending an email to care@Merapharmacy.co.
i. This privacy policy is published in compliance of:
a. Section 43A of the Information Technology Act, 2000;
b. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"); and
c. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
ii. This privacy policy states the following:
a. The type of information collected from the visitors of the app and the Users, including sensitive personal data or information;
b. The purpose, means, and modes of usage of such information; and
c. How and to whom Merapharmacy will disclose such information?
i. "Personal information" is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
ii. The SPI Rules further define "sensitive personal data or information “of a person to mean personal information about that person relating to:
a. passwords
b. financial information such as bank accounts, credit and debit card details, or other payment instrument details
c. physical, physiological, and mental health conditions
d. sexual orientation
e. medical records and history
f. biometric information
g. information received by a body corporate under lawful contract or otherwise
h.visitor details as provided at the time of registration or thereafter and
i. call data records.
iii. Information that is freely available in the public domain or accessible under the Right to Information Act, 2005, or any other law will not be regarded as sensitive personal data or information.
i. This section applies to all visitors and the Users.
ii. Accordingly, a condition of each User's use of and access to the Website and the other services provided by Merapharmacy to Users is their acceptance of the Terms of Use located in Part B below, which also involves acceptance of the terms of this privacy policy. Any User that does not agree with any provisions of the same is required to leave the Website immediately.
iii. A User may have limited access to the Website and utilize some of the Services provided by Merapharmacy without creating an account on the Website. Unregistered Users can access some of the information and details available on the Website. To have access to all the features and benefits on our Website, a User may be required to first create an account on our Website. To create an account a User is required to provide the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including
Merapharmacy, to identify the User: name, User ID, email address, country, ZIP/postal code, age, phone number, password chosen by the User and valid financial account information. Other information requested on the registration page, including the ability to receive promotional offers from Merapharmacy, is optional. Merapharmacy may, in the future, include other optional requests for information from the User to help Merapharmacy customize the Website to deliver personalized information to the User. Without the User's agreement, Merapharmacy will not share, rent, or sell any personal information with third parties in any way other than what is disclosed in this privacy policy.
iv. All the information provided to Merapharmacy by a User, including sensitive personal information, is voluntary. The user has the right to withdraw his/her/its consent at any time, by the terms of this privacy policy and the Terms of Use, but please note that withdrawal of consent will not be retroactive.
v. User can access, modify, correct, and eliminate the data about him/her/it which has been collected under his/her/its decision to become a User. If User updates any of his/her/its information, Merapharmacy may keep a copy of the information that User originally provided to Merapharmacy in its archives for uses documented herein. Merapharmacy takes the user's rights seriously and encourages to use them if the User deems this to be appropriate. Users may exercise these rights by emailing Merapharmacy at care@Merapharmacy.com.
vi. Due to the communications standards on the Internet, when a User visits the Website, Merapharmacy automatically receives the URL of the site from which such User came and the site to which such User is going when he/she/it leaves. Merapharmacy also receives the Internet Protocol (IP) address of each User's computer (or the proxy server a User uses to access the World Wide Web), the User's computer operating system and type of web browser the User is using, email patterns, as well as the name of User's ISP. This information is used to analyze overall trends to help Merapharmacy improve its Service. The linkage between the User's IP address and the User's personally identifiable information is not shared with third parties without such User's permission or except when required by law. Notwithstanding the above, Merapharmacy may share some of the aggregate findings (not the specific data) with advertisers, sponsors, investors, strategic partners, and others to help grow its business.
vii. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Merapharmacy and its service providers for the technical administration of the Website, research and development, and User administration. In the course of serving advertisements or optimizing services to its Users, Merapharmacy may allow authorized third parties to place or recognize a unique cookie on the User's browser. Merapharmacy does not store personally identifiable information in the cookies.
viii. Merapharmacy may keep records of telephone calls received and make for making inquiries, orders, or other purposes for administration of Services, research and development, and User administration.
ix. Merapharmacy allows other companies, to serve advertisements to the Users. These companies include third- party ad servers, ad agencies, ad technology vendors, and research firms. Merapharmacy may "target" some ads to Users that fit a certain general profile. Merapharmacy does NOT use personally identifiable information to target ads.
x. This privacy policy applies to websites and services that are owned and operated by Merapharmacy. Merapharmacy does not exercise control over the sites displayed as search results or links from within its Services.
These other sites may place their cookies or other files on the User's computer, collect data, or solicit personal information from the User, for which Merapharmacy is not responsible or liable. Accordingly, Merapharmacy does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does Merapharmacy guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by Merapharmacy of the website, the website's provider, or the information on the website. Merapharmacy encourages the User to read the privacy policies of that website.
xi.The Website may enable the User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Merapharmacy hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.
xii. Merapharmacydoes not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organizations, save and except for registration of the Users (the collection, storage, and disclosure of which each User must agree to under the terms of use for Merapharmacy to effectively render the Services).
xiii. Merapharmacydoes not knowingly collect personal data from children.
xiv. Merapharmacy has implemented Indian legal industry standard security policies, rules, and technical measures to protect the personal data that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss.
xv. Merapharmacy will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any Indian law or judicial decree or when Merapharmacy, in its sole discretion, deems it necessary to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply our terms of use.
xvi. Merapharmacy addresses any discrepancies and grievances of all Users concerning the processing of information in a time-bound manner. For this purpose, Merapharmacy has designated a Grievance Officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of the grievance, and who can be reached by:
i. No sensitive personal data or information is automatically collected by Merapharmacyfrom any casual visitors of this website, who are merely perusing the site.
ii. Nevertheless, certain provisions of this privacy policy apply to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this Website immediately.
iii. If you, as a casual visitor, have inadvertently browsed any other pages of this Website before reading the privacy statements set out herein, and you do not agree with how such information is obtained, stored, or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by Merapharmacy. All visitors, however, are encouraged to use the "clear cookies" functionality of their browsers to ensure such clearing/deletion, as Merapharmacy cannot guarantee, predict, or provide for the behavior of the equipment of all the visitors of the Website.
iv. You are not a casual visitor if you have willingly submitted any personal data or information to Merapharmacy through any means, including email, post, or the registration process on the Website. All such visitors will be deemed to be and will be treated as, Users for this privacy policy, and in which case, all the statements in this privacy policy apply to such persons.
i. As part of the registration/application creation and submission process that is available to Users on this website, certain information, including sensitive personal data or information is collected from the Users.
ii. All the statements in this privacy policy apply to all Users, and all Users are therefore required to read and understand the privacy statements set out herein before submitting any sensitive personal data or information to Merapharmacy, failing which they are required to leave this Website immediately.
iii. If you have inadvertently submitted any such information to Merapharmacy before reading the privacy statements set out herein, and you do not agree with how such information is collected, stored, or used, then you may access, modify, and delete all information stored about You by Merapharmacy by clicking on the "Edit Profile" link on the navigation bar of the Website. In addition, any User can ask Merapharmacy, by sending an email to care@Merapharmacy.com whether Merapharmacy is keeping personal data about him/her, and every User is also entitled to require Merapharmacy to delete and destroy all such information relating to him/her (but not other Users) in its possession.
iv. Users' personally identifiable information they choose to provide on the Website is used to help the Users describe/identify themselves. Other information that does not personally identify the Users as an individual, is collected by Merapharmacy from Users (such as patterns of utilization described above) and is exclusively owned by Merapharmacy. Merapharmacy may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis, and business intelligence purposes, and may sell or otherwise transfer such research, statistical, or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. If Merapharmacy wishes to use any User's data for a new purpose, it will seek such User's permission before doing so.
v. Merapharmacy will communicate with the Users through email and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The Users can change their e- mail and contact preferences at any time by logging into their "Account" at merapharmacy.technicul.com and changing the account settings.
vi. At times, Merapharmacy conducts a User survey to collect information about Users' preferences. These surveys are optional and if Users choose to respond, their responses will be kept anonymous. Similarly, Merapharmacy may offer contests to qualifying Users in which we ask for contact and demographic information such as name, email address, and mailing address. None of this information is shared with third parties, except in summary form, if at all. The demographic information that Merapharmacy collects in the registration process and through surveys is used to help Merapharmacy improve its Services to meet the needs and preferences of Users. This may include targeting advertising to Users about our Services. Information we gather through a contest may also be disclosed to third parties, as necessary, for prize fulfillment and other aspects of any contest or similar offering.
vii. All Merapharmacy employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every User's sensitive personal data and information.
viii. Merapharmacy may also disclose or transfer the User's personal and other information a User provides, to another third party as part of reorganization or a sale of the assets of a Merapharmacy corporation division or company. Any third party to which Merapharmacy transfers or sells its assets will have the right to continue to use the personal and other information that a User provides to us.
ix. To the extent necessary to provide Users with the services on the Website, Merapharmacy may provide their Personal Information to third-party contractors who work on behalf of or with Merapharmacy to provide Users with such services, to help Merapharmacy communicate with Users or to maintain the Website. Generally, these contractors do not have any independent right to share this information, however, certain contractors who provide services on the Website, including the providers of online communications services, will have rights to use and disclose the personal information collected in connection with the provision of these services under their privacy policies.
3.1 As part of the registration process, Merapharmacy collects the following personal information from the Users:
i. Name
ii. User ID
iii. Email address
iv. Address (including country and ZIP/postal code)
v. Gender
vi. Age
vii. Phone number
viii. Password chosen by the User
ix. Valid financial account information and
x. Other details as the User may volunteer.
3.2 All the information listed in S. 3.1 of this privacy policy ("User Information") is maintained by Merapharmacy in electronic form on its equipment, and on the equipment of its employees. User Information may also be converted to physical form from time to time. Regardless of the manner of storage, Merapharmacy will keep all User Information confidential, and will only disclose End User Information in the following manner:
i. Merapharmacy makes all information accessible to its employees only on a need-to-know basis and binds all such employees to strict confidentiality obligations.
ii. Part of the functionality of the Website is assisting the Sellers to maintain and organize such information to effect the sale and purchase of products. Merapharmacy may, therefore, retain and submit all such records to the appropriate authorities, or to Sellers who request access to such information.
iii. Part of the functionality of the Website is assisting the user to access information relating to pharmaceutical products. Merapharmacy may, therefore, retain and submit all such records to the relevant Users.
Notwithstanding the above, Merapharmacy shall not be responsible for any breach of security or for any actions of any third parties that receive Users' data or events that are beyond the reasonable control of Merapharmacy including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
4.1 The Users acknowledge that this privacy policy is part of the Terms of Use and unconditionally agree that becoming a User of the Website and its Services signifies their assent to this privacy policy. User's visit and any dispute over privacy are subject to this policy and Terms of Use. Merapharmacy may update this privacy policy at any time, with or without advance notice. In the event there are significant changes in the way Merapharmacy treats users' personally identifiable information, Merapharmacy will display a notice on the Website or send Users an email, as provided above. Unless stated otherwise, Merapharmacy's current privacy policy applies to all information that Merapharmacy has about Users and their accounts. Notwithstanding the above, Merapharmacy shall not be required to notify the Users of any changes made to the privacy policy.
4.2 If a User uses the Service after notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed practices.
i. These Terms of Use, read together with the privacy policy located in Part A above, constitute a legal and binding contract between you the User (whether you are a visitor or a User) of the one part, and Merapharmacy of the other Part (the "Agreement") providing, among other things, the terms and conditions for use of Services hosted and managed remotely through the Website. The site merapharmacy.technicul.com is owned and operated by Bright Lifecare Private Limited.
ii. You must be 18 years of age or older to register, use this computer resource, or visit or use the Website in any manner. By registering, visiting the Website, or accepting this Agreement, you represent and warrant to Merapharmacy that you are 18 years of age or older, and that you have the right, authority, and capacity to use the Website and agree to and abide by this Agreement.
iii. The Agreement is published in compliance with and is governed by the provisions of Indian law, including but limited to:
a. the Indian Contract Act, 1872,
b. the (Indian) Information Technology Act, 2000, and
c. 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").
iv. A condition of the User's use of and access to the Website and the other services provided by Merapharmacy to Users (together with the Website, the "Services") is the User's acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource / the Website immediately and immediately discontinue use of all other Services.
v. Merapharmacy recommends that you read the terms of use carefully. YOUR USE OF SERVICES ON THE WEBSITE MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
vi. Merapharmacy authorizes the User to view and access the content available on or from the Website solely for visiting, ordering, receiving, delivering, and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content on the Website (collectively, "Merapharmacy Content"), are the property of Merapharmacy and are protected under copyright, trademark, and other laws. User shall not modify the Merapharmacy Content or reproduce, display, publicly perform, distribute, or otherwise use the Merapharmacy Content in any way for any public or commercial purpose or personal gain. Multiple people are not permitted to share the same/single login.
2.1 The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Reliance on any information appearing on the Website, whether provided by Merapharmacy, its content, visitors to the Website, or others, is solely at Your own risk.
2.2 Merapharmacy advises the Users to always seek the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid, or delay obtaining medical advice from Your doctor or other qualified healthcare provider because of something You have read on the Website. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.
2.3 You must have a prescription from a registered medical practitioner a scanned copy whereof shall be uploaded at the time of placing an order or be provided at the time of delivery of pharmaceutical products. Prescription medicines are delivered only after a prescription given by a registered medical practitioner has been received. Merapharmacy maintains a record of all the prescriptions uploaded by the User which can be accessed by such User at any time in his account section and subject to applicable laws may also be used to re-order the prescribed medicines.
2.4 Sellers must be legally able to sell the item(s) such Seller offers for sale on the Website. Sellers must ensure that the offered items do not infringe upon the intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, and pictures that describe the item for sale. All offered items must be kept in stock for the successful fulfillment of orders received. The description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, the Seller agrees to refund any amounts that such Seller may have received from the buyer.
2.5 The Sellers represent and confirm that such Seller shall be the sole and exclusive legal owner of all items, goods, or products of any description that they wish to offer for sale on the Website. Sellers shall have absolute right, title, and authority to deal in and offer for sale such items, goods, or products. Sellers shall not, either alone or in conjunction with other Sellers, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
2.6 Users shall at all times ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules, and regulations (including, but not limited to sales tax/ VAT, income tax, octroi, service tax, central excise, customs duty, local levies, etc.) regarding your use of Service and purchase, solicitation of offers to purchase, and sale of items or services on the Website. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, or regulations for the time being in force.
2.7 From time to time, Sellers shall be responsible for providing information relating to the items or services offered by such Seller. In this connection, Sellers undertake that all such information shall be accurate in all respects. Sellers shall not
exaggerate or over-emphasize the item-specifics of such items or services to mislead other Users in any manner. Sellers shall not offer any habit-forming or narcotic medications, also known as scheduled drugs or controlled substances in some countries.
2.8 You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your information, in any media now known or not currently known, concerning Your information to enable Merapharmacy to use the information to provide the Services.
2.9 Merapharmacy provides Services through the Website, which is a platform that facilitates the online sale and purchase of pharmaceutical products and services offered by Sellers. You understand and agree that Merapharmacy and the Website merely provide hosting services to its Users and persons browsing/visiting the Website. All items advertised/offered and the contents therein are advertised and offered by Sellers and are third-party user-generated content. Merapharmacy neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects the information contained in the transmission. Merapharmacy has no control over third-party user-generated content.
2.10 The Website is only a platform through which Users may meet and interact with Sellers for their transactions. Merapharmacy is not and cannot be a party to or control in any manner any transaction between the Users of the Website and the Sellers.
2.11 All commercial/contractual terms are offered by and agreed to between buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to goods and services, and after-sales services related to goods and services. Merapharmacy does not have any control determine advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between buyers and Sellers.
2.12 Merapharmacy does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Sellers. You are advised to independently use Your best judgment on that behalf.
2.12 Merapharmacy is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Merapharmacy cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Website. Merapharmacy shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers. Merapharmacy does not make any representation or warranty as to the item-specifics (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Merapharmacy does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Merapharmacy accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
2.14 Merapharmacy does not at any point of time during any transaction between buyer and Seller on the Website come into or take possession of any of the goods or services offered by the seller nor does it at any point gain title to or have any r ights or claims over the goods or services offered by Seller to the buyer. Merapharmacy is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items that are out of stock, back ordered, or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance, etc. with the Seller.
2.15 Merapharmacy may, at its sole discretion, suspend the User's ability to use or access the Website at any time while Merapharmacy investigates complaints or alleged violations of this Agreement, or for any other reason. If Users find any wrong information on the Website about such Users, they can correct it themselves or contact Merapharmacy immediately for such corrections. Merapharmacy shall have no liability or responsibility in this regard.
2.16 Payment, Fees, and Taxes:
Registration on the Website and the information is free. Merapharmacy does not charge any fee for browsing and buying on the Website. The User agrees to make all payments directly to the respective Seller for the purchase of products from such Seller. Merapharmacy is not responsible for any loss or damage caused to the User during this process as these third parties are beyond the control of Merapharmacy. These payments could be collected personally from the User by the concerned Seller. Such Seller may appoint collection agents for the collection of payments from the Users. Merapharmacy shall not be responsible for any act or omission on the part of such collection agents as Merapharmacy exercises no control over such third parties.
Each User/member is solely responsible for payment of all taxes, legal compliances, statutory registrations, and reporting. Merapharmacy is in no way responsible for any of the taxes.
3.1 The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules, and are reproduced in the privacy policy.
3.2 The privacy policy sets out:
i. The type of information collected from Users, including sensitive personal data or information;
ii. The purpose, means, and modes of usage of such information; and
iii. How and to whom Merapharmacy will disclose such information?
3.3 The User is expected to read and understand the privacy policy, to ensure that he or she knows of the:
i. the fact that the information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the name and address of the agency that is collecting the information and the agency that will retain the information; and
v. the various rights available to such Users in respect of such information.
3.4 Merapharmacyshall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Merapharmacy or any Seller.
3.5 The use of this computer resource involves every User's registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission are provided in the privacy policy. The other information collected by Merapharmacy from Users as part of the registration process is described in the privacy policy. The consent and revocation procedures concerning the same are set out in the privacy policy.
3.6 The User is responsible for maintaining the confidentiality of the User's account access information and password. The User shall be responsible for all uses of the User account and password, whether or not authorized by the User. The User shall immediately notify Merapharmacy of any actual or suspected unauthorized use of the User's account or password.
3.7 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Merapharmacy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Merapharmacy has the right to suspend or terminate such account at its sole discretion.
4.1 As mandated by Regulation 3(2) of the IG Rules, Merapharmacy hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update, or share any information that —
i. Belongs to another person and to which the User does not have any right to
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
iii. Harm minors in any way
iv. infringes any patent, trademark, copyright, or other proprietary rights
v. violates any law for the time being in force
vi. Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing
vii. Impersonate another person
viii. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource
ix. is prohibited under applicable law for the time being in force including the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860 as amended from time to time, and rules made there under
x. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
4.2 The User is also prohibited from:
i. violating or attempting to violate the integrity or security of the Website or any Merapharmacy Content
ii. Transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services Merapharmacy
iii. Intentionally submitting on the Website any incomplete, false, or inaccurate information
iv. Making any unsolicited communications to other Users
v. using any engine, software, tool, agent, or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website
vi. Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Website
vii. Copying or duplicating in any manner any of the Merapharmacy Content or other information available from the Website
viii. Framing or hotlinking or deep linking any Merapharmacy Content.
4.3 Merapharmacy, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 4.2 above, shall be entitled to disable such information that is in contravention of S. 4.2. Merapharmacyshall be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
4.4 In case of non-compliance with any applicable laws, rules, or regulations, or the Agreement (including the privacy policy) by a User, Merapharmacyhas the right to immediately terminate the access or usage rights of the User to the Services and to remove noncompliant information.
4.5 Merapharmacy may disclose or transfer User Information (as defined in the privacy policy) to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit Merapharmacy to transfer sensitive personal data or information including any information, to any other corporate body or a person in India or located in any other country, that ensures the same level of data protection that is adhered to by Merapharmacyas provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Merapharmacy or any person on its behalf and the user or where the User has consented to data transfer.
5.1 Merapharmacy shall not be responsible or liable in any manner to the Users for any losses, damage, injuries, or expenses incurred by the Users as a result of any disclosures made by Merapharmacy, where the User has consented to the making of disclosures by Merapharmacy. If the User had revoked such consent under the terms of the privacy policy, then Merapharmacy shall not be responsible or liable in any manner to the User for any losses, damage, injuries, or expenses incurred by the User as a result of any disclosures made by Merapharmacy before its actual receipt of such revocation.
5.2 The User shall not hold Merapharmacy responsible or liable in any way for any disclosures by Merapharmacy under Regulation 6 of the SPI Rules.
5.3 The Services provided by Merapharmacy or any of its licensors or providers are provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Merapharmacy does not provide or make any representation, warranty, or guarantee, express or implied about the Website or the Services. Merapharmacy does not verify any content or information provided by the Sellers on the Website and to the fullest extent permitted by law, disclaims all liability arising out of the User's use or reliance upon the Website, the Services, the Merapharmacy Content, representations, and warranties made by the Sellers or the content or
information provided by such Seller on the Website or any opinion or suggestion given or expressed by Merapharmacy or any Seller about any User or Services provided by Merapharmacy.
5.4 The Website may be linked to the website of third parties, affiliates, and business partners. Merapharmacy has no control over and is not liable or responsible for the content, accuracy, validity, reliability, or quality of such websites or those made available by/through our Website. The inclusion of any link on the Website does not imply that Merapharmacy endorses the linked site. Users may use the links and these services at their own risk.
5.5 Merapharmacy assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect the user's equipment on account of the User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, the User's sole remedy is to discontinue using the Website.
5.6 In no event, including but not limited to negligence, shall Merapharmacy, or any of its directors, officers, employees, agents, or content or service providers (collectively, the "protected entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials, and functions related thereto, User's provision of information via the Website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for the provision of or failure to provide all or any service by a Seller to any User. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User's use of the Website exceed, in the aggregate Rs. 1000.
5.7 In no event shall the protected entities be liable for failure on the part of the Sellers to provide agreed products or services. In no event shall the protected entities be liable for any comments or feedback given by any of the Users about the services provided by any Seller.
5.8 The listing of Sellers on the Website is based on numerous factors including User's comments and feedback. In no event shall the protected entities be liable or responsible for the listing order of Sellers on the Website.
6.1 User agrees to indemnify and hold harmless Merapharmacy, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of this Agreement, or infringement by any other user of his/her/its account, of any intellectual property or another right of any person or entity. Merapharmacy will notify you promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
7.1 This Agreement will remain in full force and effect while the User is a user of the Website in any form or capacity.
7.2 The User can terminate his/her/its membership with Merapharmacy at any time by providing prior written notice to care@Merapharmacy.com .
7.3 Merapharmacy reserves the right to terminate any account in cases:
A User breaches any terms and conditions of this Terms of Use or privacy policy;
Merapharmacy is unable to verify or authenticate any information provided to Merapharmacy by a User; or Merapharmacy believes in its sole discretion that the User's actions may cause legal liability for such User,
other Users, or Merapharmacy or are contrary to the interests of the Website.
7.4 Once temporarily suspended, indefinitely suspended, or terminated, the User may not continue to use the Website under the same account, a different account, or re-register under a new account.
7.5 Merapharmacy shall have no obligation to maintain or provide any of User's data and shall thereafter unless legally prohibited, delete all User's data in its systems or otherwise in its possession or under its control.
7.6 Merapharmacy reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the content from the Website and immediate termination of the account with or without ability to access the Website and the other Services, upon any breach by the User of this Agreement or if Merapharmacy is unable to verify or authenticate any information the User submits to Merapharmacy, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Merapharmacy to provide the Services to the User.
7.7 This Agreement and any contractual obligation between Merapharmacy and User will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi.
7.8 All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by Merapharmacy under the Arbitration and Conciliation Act, 1996.
7.9 Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, and Dispute Resolution will continue and survive termination.
8.1 If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
9.1 If any User has any questions, issues, or complaints regarding any of our Services, please contact our customer service at merapharmacy.co@gmail.com
9.2 If a User has any questions concerning Merapharmacy, the Website, this Agreement, or anything related to any of the foregoing, Merapharmacy can be reached at the following email address – merapharmacy.co@gmail.com or via the contact information available from the following hyperlink: www.Merapharmacy.co/contactus.
