* The domain name https://www.FirstMed.in/ (hereinafter referred to as ‘Website’) and the Mobile Application FirstMed.in (hereinafter referred to as ‘App’) bearing the registered address at Corporate Office 1/56D Basement hall no. 1 Lalita Park Laxmi Nagar, Delhi - 110092 (hereinafter referred to as ‘Company’).
* For the purpose of these Terms of Service, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person who has downloaded and installed this Mobile Application (hereinafter referred to as ‘App’) and provided Registration Data while registering on the App or by simply visiting the Website by entering the domain name in any internet browser. Any services provided by the Website/App which do not require registration do not absolve you of the contractual relationship established by this Agreement.
*By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.FirstMed.in, you are deemed to have agreed to all the following Terms and Conditions of Sale/Service. So, before you use this Website/App, please read these Terms carefully as you agree to be bound by them. If you do not accept these Terms and Conditions, please do not use this App/Website.
1.CREATING AN ACCOUNT:
1.2 You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.
1.3 Your FirstMed Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your FirstMed Account.
* 1.4 FirstMed.in will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your FirstMed account, you shall immediately notify FirstMed.in.
* 1.5 It is your responsibility to keep your email address up-to-date on your account setup at FirstMed.in/app so that we can communicate with you electronically.
* 1.6 By creating this account you agree to receive communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.
*2.2 We understand the privacy of all information you provide is of a primary importance. This is why we do everything possible to use it carefully and sensibly. This information is never shared with other companies or third party service providers.
*You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under other agreements, contracts and policies followed by us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.
4. SECURITY POLICY:
*All your transactions are secure when you place an order online at FirstMed.in. Your personal information is encrypted technology before being sent over the Internet, which ensures the privacy and high level of security of all your information.
5. CUSTOMER MEMBERSHIP/USAGE/ELIGIBILITY:
*The membership/usage of the Website/App is restricted to those above 18 years of age, or to such group that can be termed to have attained 'majority' under the laws of the respective jurisdictions where this Website/App can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
*Further, you are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the Company has reasonable reasons to believe you have done so, we hold the rights to suspend your account and/or terminate this Agreement without any notice and without being held liable for the same.
*You understand the App downloaded/or the website you use on to your phone or tablet is owned by us and we may automatically upgrade the App/website and these Terms shall apply to the upgrades as well. We reserve the right to terminate this agreement without any notice and suspend the account without assigning any reason.
6. PRICE AND PAYMENT:
*The installation and use of this Website/App is free of cost and this includes only the usage of certain services of the Website/App. You hereby understand that this no charge policy maybe amended at anytime at the discretion of the Company. However, in the event, you use the App/Website to choose surgical equipment product you shall be required to pay for the consultation through Doctor. In case of video or phone consult, you shall be required to pay for the consultation prior and in the case of clinic consult, the patient shall pay the Doctor/registered medical practitioners after the consult.
While availing any of the payment methods available on the App/Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
*i. Lack of authorization for any transaction(s), or.
*ii. Exceeding the preset limit mutually agreed by you and between ‘Bank(s)’, or
*iii. Any payment issues arising out of the transaction, or
*iii. Any payment issues arising out of the transaction, or
*iv. Decline of transaction for any other reason(s).
All payments made against the services on the App by you shall be compulsorily in Indian Rupees. The Website/App will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website/App.
*6.1 All our product prices include all applicable statutory taxes.
*6.2 We make every effort to make sure that the pricing and availability of Products on our Website/App is accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors and we reserve the right to cancel the sale.
*6.3 We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
6.4 Following are FirstMed.in delivery charges, which are based on the order value.
Rs. 99 to Rs. 499
Above Rs. 499
Note: Delivery charges quoted above are applicable on ALL Orders at FirstMed.in.
*6.5 Delivery times may vary depending on the delivery location as well as the type of product you order.
*6.6 You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or Cash on Delivery.
*6.7 Credit/Debit Card and Net Banking Payments are processed via our online payment service partners.
7. USE OF INFORMATION ON THE WEBSITE/APP:
*7.1 The information on this Website/App is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice from qualified healthcare professional with any questions you may have about your medical condition.
*7.2 FirstMed.in does not endorse any views or opinions that may be included in the Website/App Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and FirstMed.in.
8. THIRD PARTY INFORMATION:
The content on the Website/App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’). The Website/App may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as we are merely an intermediary for the purposes of that content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and we shall not be liable. You may send as an email at firstname.lastname@example.org to report any such content.
Other than that when expressly allowed, any use of our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
9. USER CONTENT:
Those posting any form of User content on the Website/App must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website/App, we have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the user posting such content, if we feel that there is a need to check such accuracy. We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, we can in no way be held liable for any false or misleading information.
In case any content is considered to be unlawful or against the law within any jurisdiction in which our Website/App can be seen and accessed, it shall be removed forthwith by us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
*10.1 All information, Products and services included on or otherwise made available to you through this Website/App are provided by FirstMed.in on an "as is" and "as available" basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website/App is at your sole risk.
*10.2 FirstMed.in assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.
*10.3 FirstMed.in has exerted reasonable efforts to ensure that all information published on the Website/App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/App at our sole discretion.
*10.4 FirstMed.in cannot guarantee the adequacy, currency or completeness of the Website/App content. FirstMed.in does not warrant or endorse the effectiveness, quality or safety of the Products available on its Website/App.
*10.5 We disclaim responsibility for any harm to persons resulting from any instructions or Products referred to in the Website/App. FirstMed.in is not associated with any manufacturer of medicines or other products on the Website/App. We do not warrant that the Website/App, or its content will meet your requirements.
*10.6 Please note that while FirstMed has made every effort to accurately display the colours of products on its Website/App, the actual colour you see will depend on your monitor. We cannot guarantee that your monitor's display of any colour will be the same as the colour of the Products delivered to you.
*10.8 FirstMed.in accepts no responsibility for any loss or damage suffered due to your reliance on the product reviews posted by the FirstMed Users.
*10.9 FirstMed.in reserves the right to modify or withdraw any part of the website/App or any of its content at any time without notice.
11. APP/WEBSITE AVAILABILITY:
We take all reasonable care to ensure the availability of the FirstMed.in Website/App 24 hours every day, 365 days per year. However, the Website/App may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. FirstMed.in does not warrant uninterrupted access to this Website/App or any linked website/App. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website/App.
12. LINKS TO THIRD-PARTY WEBSITES:
We provide link to third-party websites, our online payment service partners, which process your Net Banking and Credit/Debit Card payments, respectively. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such Website link.
13. TERMS OF SALE:
*13.1 FirstMed.in may accept or decline any order placed by a Customer in its absolute discretion without liability to you.
*13.2 FirstMed.in reserves the right to discontinue any program or offer on its Website/App.
*13.3 We reserve the right, without prior notice, to limit the order quantity of any Products available on FirstMed.in.
*13.5 You understand that all Products shall be sold & dispensed by a registered Pharmacist at FirstMed and/or its affiliates.
*13.6 If you are the patient/parent/authorised person on behalf of the patient, you authorise and appoint the Pharmacy FirstMed and/or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which you have sent the Pharmacy; and (b) packaging your prescriptions and delivering them to you. By making this purchase you hereby authorise FirstMed and/or its affiliates to ship the order by Post/courier to your designated location. This authorisation shall include, but not be limited to: collecting and using your personal and personal health information as reasonably necessary for the fulfillment of your order.
"YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES."
*13.7 "If you are the parent/legal guardian/authorised person for the patient disclosed herein, you affirm that you are over the age of majority, and have full authority to sign for and provide the above representations to the Pharmacy FirstMed and/or its affiliates on the Patient's behalf."
14. PRESCRIPTION MEDICATION POLICY:
*14.1 FirstMed.in, a fully licensed and regulated pharmacy, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for your prescription medicines, you acknowledge and accept the following terms regarding the purchase of any prescription medicines.
*14.2 FirstMed.in will not dispense any prescription medication without a valid prescription from a licensed physician.
*14.3 If you are ordering prescription medication(s), you hereby confirm that you will send us a scanned copy of your valid prescription(s) via email, fax, Whatsapp, or by post, and this prescription shall then be subject to the scrutiny of and approval by our qualified Pharmacists.
*14.4 If our pharmacists have any questions or concerns about the prescription(s) you hereby authorize them to consult with an external network of doctors about the validity of the prescription.
*14.5 The drug information provided in the FirstMed.in is for informative purposes only and this Website/App is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result of your reliance on the information in the Website/App.
authorize them to consult with an external network of doctors about the validity of the prescription.
*14.6 FirstMed requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from your physician before purchasing or consuming any medicine from FirstMed.in.
*14.7 At FirstMed.in, a Caregiver can order prescription medicines on your behalf..
15. CANCELLATION, RETURN AND REFUND POLICY:
At FirstMed.in, we do our best to ensure that you are completely satisfied with our products. And we are happy to issue a full refund based on the conditions listed below:
Full Refund Possible If:
*you received a defective item;
*the ordered item(s) is lost or damaged during transit;
* the ordered item(s) is past its expiry date.
Please note: Mode of refund may vary depending on circumstances. If the mode of refund is by Credit/Debit Card or Net Banking, please allow 7 to 10 working days for the credit to appear in your account. While we regret any inconvenience caused by this time frame, it is the bank's policy that delays the refund timing and we have no control over that. If the mode of refund is by NMS Wallet, credit should be available within 24 hours.
How to Request a Refund:
To request a refund, simply email us your order details, including the reason why you're requesting a refund. We take customer feedback very seriously and use it to constantly improve our quality of service.
If you have any queries, do call our help desk at 72007-12345, communicate us at FirstMed.in, or contact our customer support executives through online chat. We're here for you!
We do our best to ensure that the products you order are delivered according to your specifications. However, should you receive an incomplete order, damaged or incorrect product(s), please notify FirstMed Customer Support immediately or within 10 working days of receiving the products, to ensure prompt resolution. Please note that FirstMed.in will not accept liability for such delivery issues if you fail to notify us within 10 working days of receipt.
We also understand that various circumstances may arise leading you to want to return a product or products that are not defective. In these cases, we may allow the return of unopened, unused products after deducting a 20% restocking charge, ONLY if you notify us within 30 working days of receipt.
Return Policy Exceptions:
Please note that we are unable to offer replacements or exchanges for the following product categories: Injections, Health Monitor & Equipments and Ortho Support. Also, FirstMed.in reserves the right to refuse returns (or refunds) for certain products, as marked in the respective product pages as "Note: This item cannot be returned for a refund or exchange."
16. CANCELLATION :
The Website/App shall be only an intermediary connecting the User with the Doctor/registered medical practitioners of the service booked. Once the appointment has been made and a confirmation has been given to the User, the Company shall inform the Doctor/registered medical practitioners who shall render the consult at the agreed time, location and mode provided at the time of booking the service.
Once an appointment has made and it is confirmed at our end, no amount shall be refunded, in the event of a cancellation. However, in certain circumstances, the Company at its discretion shall permit a refund of the full or partial amount if the Doctor/registered medical practitioners becomes unavailable or if an alternative Doctor/registered medical practitioners is arranged to consult. The decision of the Company shall be final in such cases.
Currently we provide the phone call and face to face video call services in India. We also book appointments for direct consultation. For the same please contact us at FirstMed.in.
18. USER INDEMNIFICATION:
You hereby agree to indemnify, defend, hold harmless FirstMed.in and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defenses.
19. DISPUTE RESOLUTION:
These Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. Any failure of the Website/App/ Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Website/App/Company, and all other provisions for which survival is equitable or appropriate.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
* 21.1 FirstMed.in reserves sole discretion to accept, edit or reject any and all materials you may send to us (collectively, "Submissions") as part of the features in the Website/App, including but not limited to, Ratings & Reviews, Ask Our Pharmacist Your Questions and Testimonials. Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of pharmacy.
*21.2 FirstMed.in shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non-terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
*21.3 You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
*21.4 The User/Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the FirstMed.in Website/App.
*21.5 FirstMed.in does not endorse and is not responsible for any Submissions on its Website/App. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.
You agree that FirstMed.in, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the Website/App, at any time. You agree that any termination of your access to the Website/App or suspension of your account may be effected without prior notice, and you agree that FirstMed.in shall not be liable to you for any such termination. Your right to use the FirstMed Website/App /Service immediately ceases upon termination of your access/use of the Website/App.
23. CHANGES TO THESE TERMS AND CONDITIONS:
We reserve the right to amend these terms and conditions from time to time without further notice to you. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the Website/App. It is your responsibility to review the FirstMed.in Terms and Conditions regularly. Your continued use of the Website/App following the publication of any such changes will constitute your agreement to follow and be automatically bound by the amended terms and conditions.
We reserve the right to change these Terms of Service at any time without notice in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website/App after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website/App prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires us or any of their assets
We hereby reserve the right to block usage of the Website/App if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.
Please contact us for any questions or comments regarding these Terms and Conditions.