Medpick is an internet based lead-generation platform, owned and operated by Medorna Health Systems Pvt Ltd, an incorporated company whose registered office is in Bengaluru, Karnataka. The platform facilitates sales between customers (“Users”) and various vendors (“Sellers”) licensed to sell their products. The platform, website and any other portal, and its governing parties will henceforth be referred to as “Medpick”. Medpick is not a pharmacy and does not provide medical advice or dispense any medications.
1.1 To connect Users with Sellers, Medpick collects and stores personal information volunteered by the user that may include:
- E-mail address
- Phone Number
- Date of Birth
- Any other information volunteered by the User
Users may choose to withhold any information at any time, though this may prevent use of Medpick services.
1.2 Any information collected by Medpick during the course of a User’s use of its services will be maintained in Medpick’s electronic database and be kept confidential except in the following instances:
- Authorized employees will be granted access in the course of business on a need-to-know basis and be bound by confidentiality clauses.
- Information may be anonymized and aggregated to be shared with Sellers to aid in their sales projections and stocking policies.
- On the request of the User, the User may access any information stored on User’s provided they pass an identity verification check.
- On mandate by law, information may be shared with the appropriate authorities.
- Where the User is found to be in breach of contract with Medpick warranting legal investigation.
1.3 The User may request the removal of personal data and account associated with the User at any time.
- Registration and account terms
2.1 To register and maintain an account with Medpick, Users must conform to the following stipulations.
- To register or use this website and its services, the user must not be “incompetent to contract” under the Contract Act. Users agree they are not minors or other incompetent to contract parties and have the legal ability to enter into a contract with Medpick.
- Users acting on behalf of incompetent to contract individuals or in the capacity of caregivers can use Medpick to procure products on their party’s behalf. Users agree they will not procure any products for third parties they are not authorized to use.
- Users agree to use only one account and not share their account with other parties.
- Users will submit only truthful and accurate information and update all relevant information pertinent to providing efficient service, such as address and phone number, as soon as they change.
2.2 Medpick reserves the right to terminate a User account at any point without advance notice or justification, including in the following, but not limited to, circumstances:
- If the User’s identity could not be verified
- If the User is found in default of agreements with Medpick or its affiliated Sellers.
- If required to by law
- If the User is found to be in breach of the Drugs Act or applicable law in force
2.3 A User whose account has been terminated shall not create another account or attempt to access or use Medpick’s services through a third party.
3.1 User agrees to indemnify and hold harmless Medpick, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from his/her/its access to or use of Medpick, violation of this Agreement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Medpick 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.
4.1 The User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that —
- belongs to another person and to which the User does not have any right to;b)
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- is prohibited under applicable law for the time being in force including 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;
- 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 offence or prevents investigation of any offence or is insulting any other nation.
4.2 The User is also prohibited from:
- violating or attempting to violate the integrity or security of the Website & app or any BookMEDS Content
- transmitting any information (including job posts and hyperlinks) on Medpick that is disruptive or competitive to the provision of Services by BookMEDS;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search Medpick;
- attempting to decipher, decompile, disassemble or reverse engineer any part of Medpick
Medpick, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in Section 4.2 above, shall be entitled to preserve such information and associated records for at least 90 days for production to governmental authorities for investigation purposes.
5.1 Medpick 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 transactions with or use of Medpick.
- Medpick does not guarantee the Services, information or Goods provided by Sellers or any third-parties users may interact with through Medpick, including, but not limited to, warranties, quality, fitness for purpose, accuracy, title, and non-infringement.
- Medpick and its constituent members, are not liable for any losses, damage, injuries or expenses incurred by the Users as a result of transacting with Sellers or through their provided Services, Goods or actions or failure to provide Services, Goods or actions.
- Medpick assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's use of Medpick or the downloading of any material, data, text, images, video content, or audio content from Medpick.
- In no event, including but not limited to negligence, shall Medpick, or any of its directors, officers, employees, agents or content or service providers (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, Medpick.
All materials in Medpick, including, but not limited to, images, illustrations, text, logos and headers, are copyrights and/or other intellectual properties owned or licensed by Medpick. All other trademarks not owned by Medpick that appear on Medpick are the property of their respective owners, who may or may not be affiliated with Medpick. You hereby agree that you will not reproduce, duplicate or copy the content of Medpick for any purpose, unless you have been specifically permitted to do so with the explicit permission of Medpick.
Medpick reserves the right to modify or discontinue, temporarily or permanently, its Services and platforms or any features or portions thereof without prior notice. Users agree that Medpick will not be liable for any modification, suspension or discontinuance of its Services, platforms or related activities.