Terms and Conditions
- Terms and Conditions
M/s MedLynx Solutions Private Limited, which also includes its subsidiaries and affiliates) is a company registered under the Companies Act, 2013, with its registered office at 7/382-1, Krishna Nagar L N Puram, Puthur Palakkad, Palakkad, Kerala - 678005, India. M/s MedLynx Solutions Private Limited is the author and publisher of the internet resource www.quikpharma.com (“Website”) on the World Wide Web as well as the software and applications (including mobile application) under the brand name ‘Quik Pharma’ (Website, software and mobile application are hereinafter collectively referred to as the “Platform”, “Application” or the “Quik Pharma Application”).
The terms 'You' or 'Your' or ‘User’ refer to You as the Users (irrespective of whether You are a Registered Users or Non-Registered Users and the terms ‘Quik Pharma' or 'We' or 'Us' or 'Company', and 'Our' refer to M/s MedLynx Solutions Private Limited.
We are not required to notify You, whether as a Registered User/Pharmacy/Distributor or not, of any changes made to the Terms. The revised Terms shall be made available on the Platform. Your use of the Platform and the services provided thereon (“Services”) shall be subject to the most current version of the Terms made available on the Platform, at the time of such usage. You are requested to regularly visit the Platform to view the most current Terms. It shall be your responsibility to check the Terms periodically for changes. We may require You to provide Your consent to the updated Terms in a specified manner prior to any further use of the Platform and/or the Services. If no such separate consent is sought, Your continued use of the Platform, following changes to the Terms, will constitute your express acceptance of those changes.
Quik Pharma reserves the right to add periodical updates, additional features, modification of Platform, removal of some features depending on the market requirements and policy changes.
The Services on this Platform are available only in India. However, visitor outside India may browse through the information provided on the Platform.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
1. THE PLATFORM
"Non-Registered Users" are users who are not registered with the Platform but may access information on the Platform. Certain features of the Platform are available to Registered Users/Pharmacies/Distributor only.
"Medicine Buyers" or “Buyers” are patients or representative of patients, who are registered with the Platform by creating an account by providing requisite information for the purpose of purchasing medicine, drugs, other healthcare and consumer products from Pharmacies.
“Pharmacies” are licensed retail sellers of medicine, drugs, other healthcare and consumer products, which are registered with the Platform by creating an account by providing requisite information.
“Distributors” are licensed supplier of medicine, drugs and other medical supplies to Pharmacies, which are registered with the Platform by creating an account by providing requisite information.
Medicine Buyers, Pharmacies and Distributors are collective referred to as “Registered Users”.
Registered Users and Non-Registered Users are collectively be referred to as "Users".
1.2 Eligibility to Use:
Use of the Platform and the Services therein is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors etc. are not eligible to use the Platform. The Platform shall also not be available to any Users suspended or removed from the Our system for any reason whatsoever. If You do not conform to the above qualification, You shall not access the Platform or will not be permitted to use the Platform. By accessing and using this Platform, You represent that You are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by the Platform through Your legal guardian in accordance with the applicable laws. Company reserves the right to terminate your registration and / or refuse to provide you with access to the Platform if it is brought to OUR notice or if it is discovered that you are under the age of 18 years. We reserve the right to refuse access to the Platform or provision of the Services to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so and You shall have no right to object to the same.
Quik Pharma is an online connectivity platform which enables the Medicine Buyers to connect to nearby Pharmacies and Pharmacies to connect to the Distributors for their purchases of medicines, healthcare and consumer products and making online payments. In this process, Quik Pharma does not involve in any sort of trading and sales activities other than connecting a seller and a buyer.
Quik Pharma may levy an amount of fees and charges, as decided by Quik Pharma, to the Registered Users for availing the Services.
- For Medicine Buyers:
- The Platform allows You to upload a prescription issued by a registered medical professional and order the requisite medicines/drugs /any other medical products from the list of Pharmacies. The Platform will use your GPS Location to detect and provide you the list of Pharmacies near your location with the requisite medicine. You can place Your order directly to the Pharmacy through the Platform. The Pharmacy may accept or reject Your order. If the Pharmacy accepts Your order, the terms of payment, delivery and return are independently governed by the respective Pharmacy. We will not in any case be held liable under any law for any defect in the products supplied, prices of the products, delivery or return/cancellation related issues.
- If You are purchasing the product on behalf of a third person, you here by represent that You have complete authority to upload the prescription and purchase medicine on behalf of such third person.
- We will not in any case be held liable under any law for any defect in the products supplied, prices of the products, delivery or return/cancellation related issues.
- For Pharmacies
- The Platform allows You to accept an order placed by the Medicine Buyer. If You accept an order, You shall be solely responsible for fulfilling the order. The terms of payment, delivery and return are independently governed between You and the Buyer.
- You shall be solely responsible for verifying the authenticity of the prescription uploaded by the Buyer and you shall under no circumstance accept an order, if it is not supported by a valid prescription unless the law otherwise allows.
- You shall be solely responsible for the product delivered by You and We will not in any case be held liable under any law for any defect in the products supplied, prices of the products, delivery or return/cancellation related issues.
- You can also use the Platform to purchase products from Distributors. If You are purchasing products from Distributors, the terms of payment, delivery and return are independently governed between You and the Distributor. We will not in any case be held liable under any law for any defect in the products supplied, prices of the products, delivery or return/cancellation related issues.
- For Distributors
- You can use the Platform to accept order from Pharmacist and supply the products to them. If You are supplying products to Pharmacist, the terms of payment, delivery and return are independently governed between You and the Distributor. We will not in any case be held liable under any law for any defect in the products supplied, prices of the products, delivery or return/cancellation related issues.
- Its the duty and responsibility of the Distributor to verify the statutory licenses like GST, drug license and any other licenses required as per the Drugs and Cosmetics Act, 1940 , Drugs and Cosmetics Rules, 1945 and any other applicable laws of the Pharmacies placing orders through the platform, to establish and function as Pharmacies.
2. GENERAL TERMS FOR USERS
2.1. For all Users (Registered Users and Non-Registered Users)
2.1.1. You will use the Platform and the features provided on the Platform only in relation to and in compliance with all applicable Indian laws. You will not use this Platform or any feature provided on the Platform for any purposes not intended under this Agreement.
2.1.2. You will not deliberately use the Platform in any way that is unlawful harms the Company, its directors, employees, affiliates, partners, service providers and/or any Users and/or data or content on the Platform.
2.1.3. You understand that as part of Your registration process as well as in course of Your use of the Platform, You may receive notification from Us on Your registered mobile number. These messages will relate to Your registration, transactions that You carry out through the Platform , One Time Password and any such information found suitable of Your attention by Us. It is Your responsibility to ensure that You always provide with correct and uptodate contact number. Further, We may also send notifications and reminders to You with respect to your orders, the features that You may be using on the Platform, etc. You hereby consent to receive such messages from Us.
2.1.4. The Services provided by Us are on an "as is" and “as available’ basis, 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). We do not provide or make any representation, warranty or guarantee, express or implied about the Platform or the Services. We do not guarantee the accuracy or completeness of any content or information provided by Users on the Platform. To the fullest extent permitted by law, We disclaim all liability arising out of the Users’ use or reliance upon the Platform, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Platform, or any opinion or suggestion given or expressed by Us or any User.
2.1.5 If We determines that You have provided fraudulent, inaccurate, or incomplete information, including through feedback, We reserve the right to immediately suspend Your access to the Platform or any of Your accounts with Us and makes such declaration on the Platform alongside your name as determined by Us for the protection of our business and/ or in the interests of Users. You shall be liable to indemnify Us for any losses incurred as a result of your misrepresentations or fraudulent use of the Platform.
2.1.6 By using the Platform and/or registering yourself with the Platform, You authorize Us to contact You via email/phone/message and offer you Services, imparting product knowledge, offer promotional offers running on Platform, for which reasons, personally identifiable information may be collected. Irrespective of the fact that You have registered yourself under DND or DNC or NCPR service, You still authorize Us & associate partners to contact you for the above mentioned purposes.
2.1.7 We assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Users’ equipment on account of Users’ access to, use of, or browsing the Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform. If a Users is dissatisfied with the Platform, Users’ sole remedy is to discontinue using the Platform.
2.2. For Registered Users
2.2.1. You acknowledge that this Platform is only for the Services provided above. We are not in the business of providing pharmacy or healthcare products and service.
2.2.2. Quik Pharma collects, directly or indirectly, and displays on the Platform, relevant information regarding the profile of the Registered Users listed on the Platform, such as their location, visiting hours, and similar details. Quik Pharma takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Quik Pharma screens and vets the information and photos submitted by the Registered Users, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts. We encourage You to independently verify any information You see on the Platform including information provided by Registered Users. You will use the Platform and the features provided by the Platform only in relation to and in compliance with all applicable Indian laws. You will not use this Platform or any feature provided by the Platform for any purposes not intended under this Agreement.
2.2.3. The Platform allows You to select and interact with Registered Users. In doing so, Quik Pharma can help providing You with lists and/or profile previews of Registered Users who may be suitable to deliver the service that You are seeking based on information that You provide to Quik Pharma (such as area of specialty and geographical location). You may accept of reject the order at Your discretion. Quik Pharma has no liability if such order is later cancelled by the Registered Users or any misplaced consignments or any non receipt of payments if You make a supply against an order.
2.2.4. Please note that Quik Pharma (i) does not recommend or endorse any Registered Users mentioned on the Platform; and (ii) does not make any representations or warranties with respect to Registered Users or the quality of the services they may provide.
2.2.5 You will obtain all relevant consents and approvals prior to posting or providing any content.
2.2.6. You may avail Registered Users’ service through the Platform for Your family members and friends. However, please note that You will be solely responsible for any activity that is undertaken through Your account on behalf of Your family members and friends.
2.2.7. The Platform may be linked to the website of third parties, affiliates and business partners for additional information, list of products & services, payment gateways, etc. Quik Pharma has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through Our Platform. Inclusion of any link on the Platform does not imply that Quik Pharma endorses the linked site. Users may use the links and these services at Users’ own risk.
2.2.8 Without prejudice to the generality of the above, Quik Pharma is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between Users and the Registered Users. Users understands and agrees that Quik Pharma will not be liable for:
i. Users interactions and associated issues Users has with the Registered Users;
ii. the ability or intent of the Registered Users or the lack of it, in fulfilling their obligations towards Users;
iii. any products and services being given by the Registered Users, or any medical negligence on part of the Registered Users;
iv. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the Users due to a failure on the part of the Registered Users to provide agreed Services;
v. any misconduct or inappropriate behaviour by the Registered Users or their staff;
vi. cancellation or no show by the Registered Users or rescheduling of service or any variation in the invoiced amount;
vii. late arrival or non-arrival of the products on time, for reasons beyond the control of Quik Pharma.
viii. Any online payment transaction failures due to the issues related to payment gateway or bank websites or telecommunication connectivity problems.
3. ROLE OF QUIK PHARMA
3.1. Quik Pharma's role is limited to a) providing a platform for hosting and publishing Users’ content, b) providing a platform for Buyers to purchase medicine, drugs, other healthcare and consumer products from Pharmacies c) providing a platform for Pharmacies to sell medicine, drugs, other healthcare and consumer products to Buyers, d) providing a platform for Pharmacies to purchase medicine, drugs and other medical supplies from Distributors, e) providing a platform for Distributors to sell medicine, drugs and other medical supplies to Pharmacies, f) providing a platform for private interaction between Registered Users g) providing a platform to find Registered Users based on Registered Users' inputs and Registered Users profiles created by Registered Users themselves and h) facilitating payment gateway for Registered Users.
3.2. Quik Pharma's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Quik Pharma has no responsibility and / or liability in respect of the content and transactions on the Platform including any Users’ content, or information provided by Registered Users, interactions between Registered Users.
3.3. Quik Pharma does not have the obligation to pre-screen or monitor Users’ content at any time. However, Quik Pharma may elect to monitor any Users’ content and remove any Users’ content from the Platform if Quik Pharma determines in its sole discretion that such Users’ content is in violation of this Agreement or any applicable law and best practices. Where Quik Pharma removes any Users’ content from the Platform, Quik Pharma will make reasonable efforts to inform the Registered Users who had posted such Users’ content. Such actions do not in manner negate or dilute Quik Pharma's position as an intermediary or impose any liability on Quik Pharma with respect to Users’ content.
3.4. If Quik Pharma suspects any illegal, wrongful or fraudulent activity on the Platform by any Users, notwithstanding any other rights Quik Pharma may have, Quik Pharma reserves the right to inform the relevant government or law enforcement authorities. Quik Pharma will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
3.5. Quik Pharma does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic.
4. LINKS TO THIRD PARTY WEBSITES
4.1. You may be provided with links on the Platform that direct You to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively "Third Party Websites").
4.3. Quik Pharma does not endorse any Third Party Websites that You may be directed to from the Platform.
4.4. We may provide for payment links on Our Platform. By clicking on such links, You shall be navigated to a third party payment aggregator’s website for processing the payment for the Services availed by You on the Platform. (“Third Party Payment Provider”)
4.5. These Third Party Payment Providers may include third party banking or credit card payment gateways, payment aggregators, mobile payment service providers as may be authorized by the Reserve Bank of India for collection of payment or supporting the same in any manner.
5. PROPRIETARY RIGHTS
5.1. Quik Pharma respects the intellectual property rights of others, and We expect the same from You. The Platform, Users’ content and the Quik Pharma Content, including but not limited to all text, graphics, Users interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Platform is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
5.2. Quik Pharma assert all proprietary rights to the Platform and Quik Pharma Content
5.2.1. All intellectual property in and to the Platform, any software, techniques and processes used in connection with the Platform, belongs exclusively to Quik Pharma or its licensors. Through Your use of the Platform, by no means are any rights impliedly or expressly granted by Quik Pharma to You in respect of such works.
5.2.2. Quik Pharma and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Platform. Notwithstanding the generality of the foregoing, the name, "Quik Pharma" is the trademark and copyright (or any other intellectual property right) of Quik Pharma. Any use of the Quik Pharma's trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Quik Pharma and may be actionable under the applicable laws.
5.2.3. Except as stated otherwise in this Agreement all Quik Pharma Content (including all intellectual property rights to such content) is owned exclusively by Quik Pharma and/or its licensors.
5.2.4. When You use the Platform in accordance with this Agreement, a limited royalty-free right is granted to You by Quik Pharma to use Quik Pharma Content for personal and non-commercial use in India for the time that You are either a Registered Users or for the time that You make use of the Platform, whichever is less.
5.2.5. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
5.2.6. Unless expressly authorized by Quik Pharma, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Quik Pharma Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
5.3. Rights in Users’ content
5.3.1. You agree that You are the owner of all rights (including all intellectual property rights) in the Users’ content that You post on the Platform or provide to Quik Pharma.
5.3.2. You hereby grant Quik Pharma a perpetual, non-revocable, worldwide, royalty-free license to make use of such Users’ content including the right to copy, distribute, display, reproduce, modify, adapt, the Users’ content and create derivate works of the Users’ content.
6. PERSONAL INFORMATION
6.1. We may collect various personal information from You when You use the Platform and/or the features provided by the Platform.
6.4. Quik Pharma may disclose Your personal information in accordance with applicable law.
7.1. Interaction between the Registered Users on the Platform:
7.1.1. You understand and agree that any interactions and associated issues with the Registered Users on the Platform, is strictly between You and the concerned Registered Users. You shall not hold Quik Pharma responsible for any such interactions and associated issues. Quik Pharma is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Registered Users You interact with. If you decide to engage with a Registered Users to provide services to you, you do so at your own risk.
7.1.2. The results of any search you perform on the Platform for Registered Users, or provision of access to any Registered Users on the basis of Your specific request, should not be construed as endorsement by this Platform of any such particular Registered Users. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the Registered Users. The search results are based on an object computer algorithm.
7.1.3. Quik Pharma shall not be responsible for any breach of Service or Service deficiency by any Registered Users, including but not limited to, the emergency services.
7.1.4. We can neither assure that all transactions on the Platform will be completed nor do We guarantee the ability or intent of the Registered Users to fulfil their obligations in any transaction. We advise you to perform Your own investigation prior to selecting a Registered Users.
7.1.5. The Platform, Services, Content, Users’ content and any third party Content are provided by Quik Pharma on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, Quik Pharma makes no warranty that (i) the Platform or the Services will meet Your requirements or Your use of the Platform or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform or Services will be effective, accurate or reliable; (iii) the quality of the Platform or Services will meet your expectations; or that (iv) any errors or defects in the Platform or Services will be corrected. No advice or information, whether oral or written, obtained by you from Quik Pharma or through the Platform / Content or from use of the Services shall create any warranty not expressly stated in these Terms.
7.1.6 To the maximum extent permitted by applicable law, Quik Pharma will have no liability related to Users’ content and / or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Quik Pharma also disclaims all liability with respect to the misuse, loss, modification or unavailability of any Users’ content and / or third party content.
7.1.7 You expressly understand and agree that, to the maximum extent permitted by applicable law, Quik Pharma will not be liable for any loss that you may incur as a consequence of unauthorized use of Your account or account information in connection with the Platform or any Services, either with or without Your knowledge. Quik Pharma has endeavoured to ensure that all the information on the Platform is correct, but Quik Pharma neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. Quik Pharma shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Quik Pharma shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Quik Pharma’s control. The Users understands and agrees that any material or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Quik Pharma is not responsible for any typographical error leading to an invalid coupon. Quik Pharma accepts no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.
7.1.8 You expressly understand and agree that, Quik Pharma provides a technology based platform and Quik Pharma will not be liable for any injury, loss or damage, whether to Your person or property or to the person or property of any other person whom You are interested in that You may incur as a consequence of any accident, incident, mishap, tragedy or trouble arising out of any transaction made on or through this Platform of Quik Pharma or incidental thereto.
7.1.9 That You and You on behalf of Your legal heirs hereby understand, agree, declare and affirm that, Quik Pharma cannot be made a party to any legal proceeding, whether civil or criminal, arising out of any transaction made on or through this Platform of Quik Pharma or incidental thereto, for any dispute relating to injury, damage or loss whether to Your person or property or to the person or property of any other person whom You are interested in.
7.1.10 That You and You on behalf of your legal heirs hereby understand, agree, declare and affirm that, Quik Pharma shall not be liable for any criminal prosecution for any offence defined in Indian Penal Code, 1860 or any other applicable laws including medical and consumer protection laws for time being in force, which occurs as a consequence of any accident, incident, mishap, tragedy or trouble arising out of any transaction made on or through this Platform of Quik Pharma or incidental thereto.
7.2. Information regarding Registered Users:
Information regarding Registered Users found on the Platform is intended for general reference purposes only. Such information found on the Platform is mainly self-reported by the Registered Users. Such information often changes frequently and may become out of date or inaccurate. Neither the Platform nor Quik Pharma provides any advice or qualification certification about any particular Registered Users. You are encouraged to independently verify any such information You see on the Platform with respect to Registered Users.
7.3. No Professional Relationship:
Please note that some of the content including text, data, graphics, images, information, suggestions, guidance, and other material that may be available on the Platform (including information provided in direct response to Your questions or postings) may be provided by Registered Users. The provision of such content to You by Quik Pharma does not constitute delivery of health care or pharmacy services or diagnostic services to You and does not create a professional relationship between Quik Pharma and You.
7.4. No Medical Advice Provided:
The content provided by the Platform, either by Quik Pharma or by Registered Users, should not be construed under any circumstances to be an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist You with locating Registered Users.
If You rely on any of the Information provided by the Platform, You do so solely at Your own risk. The Information that You obtain or receive from Quik Pharma, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Platform is for informational and scheduling purposes only. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
7.5. Non-substitution of professional medical advice:
The Information provided on the Platform and in any other communications from or provided through Quik Pharma is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that You may have obtained through the Platform. Your use of Information provided on the Platform is solely at Your own risk. Nothing stated or posted on the Platform or available through any Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You acknowledge and confirm that Quik Pharma shall not be responsible for Your treatment or be treated as a health care provider, for any reason whatsoever.
7.6. Quik Pharma disclaims any representation and/or warranty for the security, reliability, quality, timeliness, and performance of (i) the Platform and Services, including but not limited to emergency services; (ii) Registered Users who responds to other Registered Users or who interacts privately; (iii) any information, content or advice available on or received through the Platform (iv) access to or alteration of Users’ content (v) transmissions or data and (vi) any other matter relating to the Platform and / or Services.
7.7. Quik Pharma makes no warranty or representation that any errors in the Platform will be corrected except as required by law.
7.8. Quik Pharma assumes no responsibility and/or liability with respect to any Users’ content which You may post on the Platform and you are solely responsible for such Users’ content posted on the Platform.
7.9. You agree that the open and real-time nature of the Platform makes it impossible for Quik Pharma to vouch for the validity, authenticity and honesty of Users’ content. Quik Pharma is not responsible for any Users’ content on the Platform, or for the consequences of You reading or relying on such content.
7.10. The Platform is provided on a "as is" and "as available" basis. Neither Quik Pharma nor any third party service providers are liable for any technical or other operational difficulties or problems which may result in loss of Your data, personalization settings or other interruptions in the features offered on the Platform. Neither Quik Pharma nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any Users’ content, Quik Pharma Content or Your personalization settings.
7.11. Quik Pharma does not provide any guarantee and shall not be held liable or responsible for the failure to send SMS or other notifications or reminders to You as a feature of the Platform.
7.12. Neither the Registered Users nor Quik Pharma shall be responsible or liable for any breach or loss of data including personal information caused due to events beyond the control of the Registered Users / Quik Pharma or due to technical reasons or third party actions.
8. LIMITATION OF LIABILITY:
8.1. To the fullest extent permitted by law, in no event will Quik Pharma or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not Quik Pharma has been warned of the possibility of such damages or could have reasonably foreseen such damages. Notwithstanding anything to the contrary in this Agreement, Quik Pharma's liability under this Agreement to You shall in no event exceed the amount of convenience fee collected from You in the that particular transaction/transactions on which damages are claimed.
9. REPRESENTATION AND WARRANTIES
By using this Platform You represent and warrant that:
9.1. You are 18 years of age or older and that Your use of the Platform shall not violate any applicable law or regulation;
9.2. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
9.3. Your use of this Platform shall be subjected to the following restrictions:
9.3.1. You will not delete or modify any content of the Platform including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
9.3.2. You will not decompile, reverse engineer, or disassemble the content, or
9.3.3. You will not remove any copyright, trademark registration, or other proprietary notices from the Platform. You further agree not to access or use this Platform in any manner that may be harmful to the operation of this Platform or its content.
9.3.4. You will not use the Platform and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
9.3.5. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "grieving" as those terms are commonly understood and used on the Internet.
9.3.6. You will not host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the Users does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
(e) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(f) impersonate another person;
(g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(h) threatens the unity, integrity, defence, 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.
9.3.7 You shall not have more than one active account on the Platform at a time. Additionally, You are prohibited from selling, trading, or otherwise transferring Your account to another party.
10.1 You agree to indemnify, defend and hold harmless Quik Pharma, its subsidiaries, affiliates, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or (iii) any claim that any third party content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
10.2 Quik Pharma may notify You of any claims which You shall be liable to indemnify Quik Pharma against. You will then be required to consult with the Company regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Company without the express prior written consent of Quik Pharma which can be withheld or denied or conditioned by Quik Pharma in its sole discretion.
10.3 Notwithstanding anything to contrary in the Agreement(s), in no event shall the Indemnified Parties be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Quik Pharma has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Platform, Services or Content.
11.1 Quik Pharma reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your Users account and/or access to the Platform by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your Users account and/or Your access to the Platform. Upon suspension or termination, Your right to use the features on the Platform shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.
11.2 Upon Users account termination or suspension, regardless of the reasons therefore, Your right to use the Platform, Users’ content or Quik Pharma Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. Quik Pharma shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your Users account or any other actions taken by Us in connection with such account termination or suspension.
12. GOVERNING LAW AND JURISDICTION
12.1 These Terms and all transactions entered into on or through the Platform and the relationship between You and Quik Pharma or any of its affiliates shall be governed in accordance with the laws of India without reference to conflict of laws principles.
12.2.1 Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Platform or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator appointed in accordance with the Indian Arbitration and Conciliation Act, 1996 and any amendments thereof. The venue of such arbitration shall be Mumbai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
12.2.2. Subject to the above, court of Mumbai, India shall have exclusive jurisdiction to over this Agreement.
13.1. Quik Pharma reserves the right to modify any part of the Agreement at any time without giving You prior notice.
13.2. When We update the Agreement, the next time You visit the Platform, the Platform will provide a message to you (which may be sent by SMS, notification or email if You have provided Your email id) which will intimate You of the amendments. If You do not agree to the amendments, please do not use the Platform any further.
15. GENERAL PROVISIONS
15.1. Report abuse: In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Platform, please report to Quik Pharma’s customer support team.
15.2 Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
15.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to Quik Pharma:
M/s MedLynx Solutions Private Limited, 7/382-1, Krishna Nagar L N Puram, Puthur Palakkad, Palakkad, Kerala - 678005, India.
If to the Registered User:
at the email address provided by You to Us when You registered as a Registered User.
15.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
15.4. Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
15.5. Force Majeure: Quik Pharma shall not be liable for any downtime or delay or unavailability of the Platform caused by circumstances beyond Quik Pharma's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
15.6. Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
15.7. Advertisement: Quik Pharma shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Platform.
15.8. Assignment: You may not assign or sub-license, without the prior written consent of Quik Pharma, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.