Privacy Policy

Company views protection of Your privacy as a very important principle. We store and process Your Account Information including any sensitive personal / financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.

We can share, sell, transfer, license, covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information. Once You provide Your information to us, You provide such information to Company and affiliates of Company and Company and its affiliate may use such information to provide You various services with respect to Your transaction whether such transaction are conducted on MEDFY payment gateway.

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Company in respect of the App/Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

Disclaimers; Limitation of Liability; Indemnity

A. IN NO EVENT SHALL MEDFY AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) WHERE

(I) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US. 

(II) THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH. 

(III) ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTING FROM YOUR BREACH OF THESE TERMS AND CONDITIONS.

(IV) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE MEDFY PLATFORM; OR

(V) ANY BUGS, VIRUSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY.

B. THE MAXIMUM AGGREGATE LIABIITY OF MEDFY ARISING OUT OF OR IN CONNECTION WITH THE MEDFY PLATFORM AND/OR THE SERVICES SHALL BE LIMITED TO THE COST OF THE PRODUCTS PURCHASED OR SERVICES AVAILED BY THE USER.

COMPANY IS NOT RESPONSIBLE FOR ANY NON-PERFORMANCE OR BREACH OF ANY CONTRACT ENTERED INTO BETWEEN BUYERS AND SELLERS. COMPANY CANNOT AND DOES NOT GUARANTEE THAT THE CONCERNED BUYERS AND/OR SELLERS WILL PERFORM ANY TRANSACTIONS THAT ARE ENTERED INTO ON THE APP/WEBSITE. COMPANY SHALL NOT AND IS NOT REQUIRED TO MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN BUYERS AND SELLERS.

ANY LIABILITIES ARISING OUT OF INTERACTION OF BUYER AND SELLER IN TERMS OF PRODUCTS AND SERVICES OFFERED SHOULD NOT BE MAPPED TO THE COMPANY. COMPANY DOES NOT, AT ANY POINT OF TIME DURING ANY TRANSACTION BETWEEN BUYER AND SELLER ON THE APP/WEBSITE COME INTO OR TAKE POSSESSION OF ANY OF THE PRODUCTS OR SERVICES OFFERED BY SELLER, NOR DOES IT AT ANY POINT GAIN TITLE TO OR HAVE ANY RIGHTS OR CLAIMS OVER THE PRODUCTS OR SERVICES OFFERED BY SELLER TO BUYER.

AT NO TIME SHALL COMPANY HOLD ANY RIGHT, TITLE OR INTEREST OVER THE PRODUCTS NOR SHALL COMPANY HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT ENTERED INTO BETWEEN BUYERS AND SELLERS. COMPANY IS NOT RESPONSIBLE FOR ANY UNSATISFACTORY OR DELAYED PERFORMANCE OF SERVICES OR DAMAGES OR DELAYS AS A RESULT OF PRODUCTS WHICH ARE OUT OF STOCK, UNAVAILABLE OR BACK ORDERED.

Indemnity and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MEDFY AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM YOUR USE OF AND ACCESS TO THE MEDFY PLATFORM; YOUR VIOLATION OF ANY PROVISION OF THE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR BREACH OF YOUR EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE APP/WEBSITE.

Force Majeure

MEDFY shall not be liable and to the extent, that the performance or delay in performance of any of its obligations are prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control and without the fault or negligence of such Party, including but not limited to change in legislation, fire, flood, explosion, epidemic, accident, act of God, war, riot, strike, lockout, traffic or other concerted act of workmen and/or act of Government. MEDFY may at its sole discretion withdraw the services or Products if a Force Majeure event occurs.

Intellectual Property Rights

The App/Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the App/Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look, feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the App/Website (“Marks”) are the property of Company or their third parties or respective third parties. You are not permitted to use the Marks without the prior consent of Company, the relevant third parties that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights to and into the trademark “MEDFY”, and the App/Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.

Cancellation, Returns and Refund Policy

At MEDFY we strive to ensure your orders are delivered to your satisfaction. For the cancellation of an Order, it can be cancelled from the ‘Orders’ section on the Company’s App/Website, only until the Order is not confirmed from our side. However, in the rare event that your order is unsatisfactory, we are happy to accept returns for orders, if  you’ve received an item(s) that does not match your order, or if the item(s) were damaged in transit or shortage (delivery of such order to be returned at doorstep), or if the item(s) had crossed its expire date. However, the returns would be accepted on case to case basis at sole examination and discretion of the Company.

Returns are subject to the following conditions:

Items being returned should only be in their original manufacturer’s packaging i.e. with labels, bar-code. Only fully unused strips/bottles can be returned. Batch number of the product being returned should match as mentioned on the sales invoice. Original sales invoice has to be returned for processing returns and refunds.

If you’re order is suitable for a return based on the conditions above, you can raise a request for the same. Please note that all returns are reviewed for eligibility. Replacement for the damaged item (s) is subject to availability in stock. In absence of a replacement, a refund will be issued. All refunds are subject to the verification and review by our team.

Refund shall be provided by the Company in case of returns where applicable or in case of promotions such as cash-backs. Company shall reach out to customer to identify where the payment can be done to the customer using various channels such as payment apps, internet banking etc.

Maximum liability for any wilful delay or non-receipt of Order caused by MEDFY, shall be limited to the actual sale consideration received by MEDFY or the amount refundable to customer, whichever may be lesser.

Redressal of Complaints

We are eager to help you regarding any complaints you may have with the experience you have had with our services, please write to us at support@medfy.in. On registering your complaint/feedback we will endeavour to accept and acknowledge your correspondence. We take all the complaints very seriously and will take appropriate actions as and when required based on your feedback. We aim to address and resolve the reported issue as soon as possible.

Please note that the complaint resolution window mentioned above is subject to the occurrence of any Force Majeure event, including but not limited to, any extra-ordinary circumstances which is unforeseeable and beyond the human control, such as war or war like conditions, strike, public commotion, lockdowns imposed by government authorities, earthquake, typhoons, torrential rain, storms, riots, plague, epidemic, pandemic or any other unforeseen events declared by the Government as an ‘Act of God’, may affect our normal working hours and manpower at office. The Company will not be responsible and/or liable for any loss or damage caused to you, due to the delayed response and/or resolution of the reported complaints in view of the above-stated conditions.

Disclaimer of Warranties

We do not provide any warranties for any of the products or services offered by third parties through our platform. If the returns of the products arise from a warranty provided by manufacturer/ third party, please direct your returns to the third party/manufacturer. MEDFY takes no responsibility for the warranties provided by the manufacturer and such products do not fall within the ambit of the return policy. Warranty is provided only to the products owned and offered by MEDFY and such information will be available in the Products details.

Communications

It is presumed that by using MEDFY platform You are consenting to receive the emails or SMS for the communication related to order placed regarding the products/services offered toy you through the platform. You may opt out of the communication services by unsubscribing for the same.

Third Party Content

The App/Website makes available general third party information such as, product catalogues, lists of vendors, technology and features, advertisements including videos, images and photographs of the Products and other data from external sources (“Third Party Content”). Similar third party Content would also be available to You on the email received by You from Company. In using our Services, you may view content provided by third parties, including links to web pages of such parties. The provision of third party Content is for general informational purposes only. We do not control, endorse or adopt any third- party Content and shall have no responsibility for third-party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of third-party Content, and your interactions with third parties, is at your own risk.

User’s Consent

To provide a truly global Service and increase our reach of accessibility across multiple locations of the world, we must store and transfer data across our systems around the world, including outside of your country of residence.

We use Technologies like artificial intelligence and machine learning which enables us to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.

This infrastructure may be owned or operated by MEDFY, our subsidiaries, authorized third parties including but not limited to data security service providers, cloud service providers, etc. and our affiliates. We take Data Breach and Security of our Users very seriously and You are protected by our stringent Data Policy.

No Waiver of Rights by MEDFY

MEDFY’s failure to exercise or enforce any right or provision of our Platform terms shall not constitute a waiver of such right or provision.

Courtesy Translations

These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version controls and prevails over any other translated version of these terms.

Report Abuse

We at MEDFY are committed to build a socially healthy and safe environment for our Users. For making our efforts efficiently effective we promote our whole Community to Report any Abuse including but not limited to Hacked Accounts, Impersonation Accounts, Hate Comments/Accounts, Intellectual Property, Exposed Private Information, Self-Injury, Abuse and Spam, Exploitation, Harassment or bullying, Cyber Crimes and All Other Types of Reports.

Dispute Resolution

In case of any disagreements/disputes arising pursuant to these Terms, the dispute shall be settled in accordance with the relevant provisions of and the procedure prescribed by the Information Technology Act, 2000 and relevant laws of India. Any and all disputes in respect of which the Adjudicating Officer under the Information Technology Act, 2000 or the Cyber Appellate Tribunal or other similar subject matter laws of India, as the case may be, if do not have exclusive jurisdiction, shall be referred to Arbitration. In case of arbitration, the proceedings will take place according to the provisions of the Arbitration & Conciliation Act, 1996. The venue for arbitration will be Mumbai or in the jurisdiction of the Registered Regional Office of the Company and the preferred medium for arbitration will be English. A sole Arbitrator shall be appointed upon mutual agreement between us for the proceedings. If there is a difference and lack of consensus on the nomination of a sole arbitrator, then You and us will nominate our respective arbitrators, and such nominated arbitrators shall nominate a third arbitrator by mutual consent to form a three-member arbitral tribunal. The cost of arbitration shall be borne equally between You and us.

In case you have any query or grievance regarding these Terms, you may contact us at

Name: Medfy Customer Support

E-mail: mediconhealthmartpvtltd@gmail.com

Contact number: +918097065229