Terms and Conditions
BY CONTINUING TO ACCESS AND USE THIS WEBSITE/MOBILE APPLICATION YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS OF USE SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MUST LEAVE THIS WEBSITE/MOBILE APPLICATION.
About Us
Medifast brings to you, your digital healthcare partner. We aim at providing a healing touch to you and your loved ones. Wherever you are and whatever you may be going through, your well-being will now be our responsibility.
Founded in 2021, Medifastonline.com is a pharmaceutical e-tail company with the main agenda of providing genuine medical products and services to the society. We help you in accessing your health issues, getting in touch with the right doctor, booking diagnostic tests, staying fit or learning new ways to live happier. We are committed to providing you genuine medicines at a cheaper rate with easy accessibility and easy payment options. We provide you a one-stop solution to a variety of medicines from different manufacturers offering a variety of categories including OTC products, wellness products, vitamins, diet/fitness supplements, Ayurveda products, pain relievers, diabetic care kits, baby/mother care products, beauty care products and surgical.
1. Terms of Use:
1.1. The domain name www.medifastonline.com, an internet based portal and Medifast a mobile application, is operated by DNPH TECHNOLOGIES PVT LTD, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “MEDIFAST” or “We” or “Our” or “Us” or “Company”) having registered office at C-73, Lajpat Nagar 2nd, Delhi- 110024, with GSTIN 07AAICD5141J1ZM and PAN AAICD5141J. The domain name and the mobile application are collectively referred to as the “Website”.
1.2. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Website by providing Registration Data while registering on the Website as Registered User, including a guest User whose registration shall be subject to verification and confirmation by the Company, using the computer systems. This Website allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us","Our" shall mean Company.
1.3. The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies (“Third Party Pharmacies”) and by the Company; (ii) diagnostic services being offered by various third party diagnostic centers (“Third Party Labs”); (iii) online medical consultancy services/ second opinion being offered by third party independent doctors (“Medical Experts”); and (iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Pharmacies, Third Party Labs, Medical Experts and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information (“Information Services”) to the Users accessing the Website (The services of the Third Party Services Providers, sale of pharmaceutical products by the Company and the Information Services are collectively referred to as the “Services”).
1.4. The arrangement between the Service Providers, You and Us shall be governed in accordance with these Terms of Use and Privacy Policy. The Services are offered to You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by the relevant Service Providers. To facilitate the relation between You and the Service Providers through the Website, Medifast shall send to You (promotional content including but not limited to emailers, notifications and messages).
1.5. These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
1.5.1. the Indian Contract Act, 1872 (“Contract Act”);
1.5.2. the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
1.5.3. the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
1.5.4. the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
1.5.5. The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
1.5.6. Pharmacy Act, 1948 (“Pharmacy Act”) and
1.5.7. Pharmacy Act
1.6. Medifast authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains in-house content provided by Medifast including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Medifast Content” or “Content”). The Medifast Content is the property of Medifast and is protected under copyright, trademark and other applicable law(s). You shall not modify the Medifast Content or reproduce, display, publicly perform, distribute, or otherwise use the Medifast Content in any way for any public or commercial purpose or for personal gain.
1.7. Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non - transferable, limited privilege to access and transact on the Website.
1.8. These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.9. This Terms of Use is published in accordance with the provisions of Rule 3(1) of the IG Guidelines that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website.
1.10. By agreeing to our Terms of Use you allow us to fetch your real time location, phone contact book, google account information, access your phone memory, access device camera, and to inform you about your order and send you different notifications.
2. ELIGIBILITY OF USE:
Use of the Website 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, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e, under the age of 18 years, you shall not register as a User of the Company website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Company reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years. By visiting Company Website or accepting these Terms of Use, You represent and warrant to Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Website in a manner consistent with any and all applicable laws and regulations.
Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
3. Availability:
Medifast control and operate the Website from India and makes no representation that the materials are appropriate or will be available for use in other locations. If You use the Website from outside India, You are entirely responsible for compliance with all applicable local laws.
4. User Account, Privacy and Security:
You will be required to register as a user by creating an account at Mediifast.com to have access to the services available on the website/App (such as; ordering Products and Services or posting ratings/reviews or selling your products). Certain information, including your name, gender, email address, an account password, mobile phone number, and billing/shipping address, etc shall be provided by you. This information will be used to provide you with your requested service and will be protected as under our privacy policy.
You will be liable for every activity associated with your Medifast Account. You agree to be responsible for maintaining the confidentiality of your account details i.e. user identification, password, and related private information. You shall be responsible to ensure that your account and its related details are secure at all times. Medifastonline.com will not be liable for any loss or damage that may result because of your failure in preventing the misuse of your account. If in any way, you believe that your password is being used or likely to be used in an unauthorized manner then, inform us immediately. You agree to be fully liable for the accuracy and truthfulness of the information you provide. You, yourself shall be responsible for keeping your email address and relevant information up-to-date. If any kind of unauthorized activity is predicted or any kind of inaccuracy and incompleteness in information provided is suspected then, the company holds the right to suspend or terminate your account at Medifast.
Go through our privacy policy section to know about the privacy policy Medifast takes in the use, transfer, and sharing of information you provide to Medifast. All your data will be treated as private information under the Privacy Policy and applicable laws and regulations. If you object to any of the policies under the Privacy Policy of Medifast, you are under no obligation to continue the use of the website/app.
All your private data and transactions are securely stored and encrypted in bits level to maintain a higher level of security.
5. Users placing order for Prescription Drugs:
The Website is a platform that can be used by the Users to purchase various drugs and Pharmaceutical Goods that requires a valid medical Prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Pharmacies. In order to purchase Prescription Drugs from Pharmacies through the Website, You are required to upload a scanned copy of the valid Prescription on the Website or email the same to Medifast. The order would not be processed and forwarded to the nearest Pharmacy(s) by Medifast until it receives a copy of a valid Prescription. The Pharmacies will verify the Prescription forwarded by You and in case Pharmacy(s) observe any discrepancy in the Prescription uploaded by You, the Pharmacy(s) will cancel the order immediately. You are also required to make the original Prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original Prescription (if required) at the time of medicine delivery failing which medicines will not be delivered.
Medifast shall maintain a record of all the Prescriptions uploaded by the Users.
For the purposes of these Terms of Use, “Prescription” shall mean an instruction from a Registered Medical Practitioner (as defined under the Drugs and Cosmetics Act, 1940 and rules thereunder) to a patient, written by hand or in any electronic mode duly signed, to dispense a drug and quantity of drug to a patient.
6. Substitution of Prescribed Drugs:
You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the Prescription or if the Prescription solely lists the salt names instead of a specific brand name.
You further acknowledge and accept that, in the absence of the above, the Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
7. Retailers registered with the Site:
The Retailers are verified retailers who hold valid license numbers, employ registered pharmacists and actin accordance with the applicable laws.
The Retailers shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or regulations for the time being in force.
The Retailer shall ensure that all applicable laws, rules and regulations and taxes in respect of the medicines including, but not limited to, GST, income tax, service tax, central excise, custom duty, local levies, etc. have been duly paid by the users prior to dispensing any medicines or products on the Website. The Retailer shall not solicit offers to purchase and sale of discounted items or additional services on the Website shall be displayed only after the prior written approval of the Company.
8. Return, Refund, Cancellation and Shipping charges:
We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.
9. Doctor-Patient Reationship:
You acknowledge that Mediifast is not liable for any advice or medical consultancy or any loss that may arise. Doctors alone shall be liable for dealings and interactions with patients. Neither does Mediifast hold any responsibility/ gives any opinion to doctors regarding any tests/ use of any products. The medical experts themselves hold the liability for this. You hereby understand that certain information provided at the website regarding drug/ disease shall not be considered as a doctor’s advice and you can not rely on that information. You hereby understand that the e-prescription doctor generates here, may not be valid in certain cases under Indian law. The Services here are not for use in case of medical emergencies or critical health situations requiring prompt medical attention. The Services are not intended to be real-time, and may not be the best solution when a face-to-face consultation is required. You are responsible for ensuring that the information submitted is accurate, true and correct we may ask you to add some additional information if required. Some data including e-prescription may be accessed by Medifast for quality monitoring purposes. Medifast holds the right to suspend medical expert’s/ user’s account in case of any unauthorized/illegal actions suspected or in case of any complaints.
Medifast takes no warranty that the Services will meet all your requirements. Uninterrupted, timely and error-free service will be intended to provide but cannot be taken warranty of. Medifast shall not be responsible for any transmission errors or corruption of data.
10. Terms for use of the Online Doctor Consultancy Services:
Medifast is an online health platform that provides a variety of online and online-linked health products and services to the Users for health related information and resources. Whenever We use the words "Your physician" or "Your doctor" or "healthcare provider" or similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual, mutually acknowledged, doctor-patient relationship. Medifast Medical Experts are not "Your" physician or healthcare provider.
11. Advertising Guidelines:
We facilitate and allow Third-Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (listed below ) which the Advertisers have to follow for placing such advertisements (the “Advertising Policy”).
The Third-Party Advertisers must be honest about the advertisements on their products or services. The advertisement shall not create an unrealistic expectation. Advertisements must not be misleading or offending. Every advertisement you place must be responsible and of the highest standards, and should not compromise consumer protection. The Advertising Policy applies to all the advertisements, on the Website/app.
The advertisements must not harm any kind of intellectual property rights or any other rights relating to privacy, publicity, copyright of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. Following advertisement content is prohibited:
Prohibited Advertisements:
Restricted Advertisements:
12. Intellectual property rights:
This intellectual property policy (“IP Policy”) must be read along with the Terms and Conditions. The domain name www.medifastonline.com, an internet based portal and Medifast mobile application (Android and IOS) is owned and operated by DNPH TECHNOLOGIES PVT LTD. The domain name and the mobile application are collectively (hereinafter referred to as the “Website”). The terms of this IP Policy constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and the Company on the other Part. The Company respects the intellectual property rights of all individuals and Companies and for that strictly prohibits its Third Party Service Providers and all other third parties from using the Website to sell, distribute, circulate, post, upload or in any other manner deal with any information, data or content that infringes upon the intellectual property of any person including Copyrights and Trademarks. In the event, You believe that Your intellectual property has been infringed upon by any material made available on the Website, You should notify the Website by sending an e-mail at (info@medifastonline.com) (“Claim”).You must also include the following information in Your Claim:
On receipt of such Claim along with the full particulars as provided above, the Company shall investigate into the matter and determine whether your intellectual property has been infringed as mentioned in your claim. During such investigation by the Company, the Company may request You for further information in regard to your Claim or post investigation may take the requisite action. Such action shall be determined at the sole discretion of the Company. In case the information received in your Claim is found to be incomplete, frivolous or untrue, the Company shall not be obliged to take actions and may re-activate the URL provided in the Claim at its sole discretion and the Company may hold you liable for any civil and possibly criminal proceedings as per the applicable law.
13. Price, Payment and Delivery:
We will put up our efforts in providing you the products and services at the best affordable price possible. We will try and make sure that the prices mentioned and the availability of the products on the website are accurate and up to date. However, sometimes, there may arise certain typographical errors. We hold the right to cancel the sale, and correct any inaccuracies related to pricing and product, even after you have submitted your order. We hold the right to change or update any other information at any time without prior notice.
You are not supposed to pay any extra charges in the event of downloading/using this website/app. However, you need to follow the payment procedures applicable to the purchase of any products or use of any services available on the website. Whenever you use any payment options made available through the website/app i.e. Credit/Debit Card or Net Banking or Cash on Delivery we will not bear any loss/damage that may arise due to; unauthorized transaction(S)/payment issues arising from transaction(s), Exceeding the preset limit mutually agreed between you and ‘Bank(s)’, or Decline of transaction for any other reason(s).
We process Credit/Debit Card and Net Banking Payments through our online payment service partners. All payments made against the services/products on the Website/App by you shall be in INDIAN Rupees . The product prices include all the applicable taxes.
Delivery time for the products may vary based on the location or the type and availability of the product. However, we will try delivering you the products within 24 hours of order confirmation. Effective working hours for delivery extends from 8 AM to 10 PM. Delivery charges vary with product/service type and location.
All Valid Credit / Debit/ Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
14. Selling:
The Retailer is legally able to sell the item(s) listed by such Retailer on the Website and such listings shall only include text descriptions, graphics and pictures that describe the item(s) for sale. All listed item(s) will be listed in an appropriate category on the Website and shall be kept in stock for successful Fulfillment of sales. The Retailer shall not sell any Schedule ‘X’ drugs in contravention of the provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945 or under any orders/ directions of the Drug Controlling Authority of India. The Retailer shall not sell any prescription drug without a prescription and in case a prescription is uploaded, without due authentication of the prescription. The Retailer shall ensure that the listing description of the item is not misleading and describes actual condition of the product.
15. Disclaimer of Warranties and Liabilities:
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of sellers, nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Website. At no time shall any right, title or interest in the products sold through or displayed on the Website vest with Company nor shall Company have any obligations or liabilities in respect of any transactions on the website. It is expressly declared that the Website is only a marketplace for the Buyers to purchase from the registered Sellers and neither the Website nor the Company is responsible for any sale or purchase made at the marketplace platform.
16. WEBSITE, THIRD PARTY, AND YOUR CONDUCT:
As a user, to the website you are under obligations not to copy, duplicate or reuse any of the content, information or software of the website without our permission as these are the website’s private property. We may also have some third party links, their content and their product details, offers, etc. We also provide a link to other websites and our payment service partners. You need to know that we are not liable for any such contents or links or whatsoever. We are not responsible for the proper functioning of such linked parties or any loses that may occur through the use of their services/links. Third-party itself shall be a responsible body in such cases.
Please ensure that the information you provide shall not harm any proprietary or any other rights of any parties directly/indirectly involved/partnered with us.
We hold the right to remove any irresponsible/inappropriate content uploaded by you. You shall be solely responsible for such acts. By any means, you shall not involve in or upload any of such content that violates the law or shows disrespect to any party directly or indirectly involved with us.
You are further supposed to maintain and respect the legal rights of everyone you connect through the website. No actions that violate the prevailing rules and regulations of Nepal shall be tolerated. Any kind of unlawful activities, harassment, threatening, disrespecting or any other kind of illegal and unauthorized activities shall not be tolerated. As a user, you are supposed to follow all the codes of conduct related to any product/service without violating any of them.
Uploading corrupted files or files having viruses or any other similar kinds of software will be considered illegal, and you may be subjected to punishment as under prevailing laws. The use of any other software that traces information on the website related to user accounts, passwords, and network-connected or resources/property of the website will be considered unlawful.
You hereby understand that at any time we hold the right to disclose any of your personal information as required by the law, or by valid request from authorized personnel/government or by any rules and regulations. These may include disclosure of information to court, investigation, etc.
17. Governing Law and Dispute Resolution:
These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to User(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Delhi. All disputes will be subject to arbitration at Delhi in English by a sole arbitrator appointed by Mediifast under the Arbitration and Conciliation Act, 1996.
Report Abuse
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to Company’s customer support team.
Survival
Even after termination, certain obligations mentioned under Clause 8.4 (Covenants), 8.5 (Liability), 8.6 (Indemnity), 8.8 (Intellectual Property), 8.13 (Dispute Resolution) will continue and survive termination.
Severability
If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
Waiver
No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Mediifast. Any consent by Mediifast to, or a waiver by Mediifast of any breach by Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
18. Contact Information:
If any User(s) has any comment, question or suggestion regarding any of our Services, please contact our customer service at info@mediifast.com If any User(s) has any questions concerning Medifast, the Website, these Terms of Use, or anything related to any of the foregoing, Medifast can be reached at the following email address – info@mediifast.com or via the contact information available from the following hyperlink: Contact Us
Terms and Conditions
BY CONTINUING TO ACCESS AND USE THIS WEBSITE/MOBILE APPLICATION YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS OF USE SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MUST LEAVE THIS WEBSITE/MOBILE APPLICATION.
About Us
Medifast brings to you, your digital healthcare partner. We aim at providing a healing touch to you and your loved ones. Wherever you are and whatever you may be going through, your well-being will now be our responsibility.
Founded in 2021, Mediifast.com is a pharmaceutical e-tail company with the main agenda of providing genuine medical products and services to the society. We help you in accessing your health issues, getting in touch with the right doctor, booking diagnostic tests, staying fit or learning new ways to live happier. We are committed to providing you genuine medicines at a cheaper rate with easy accessibility and easy payment options. We provide you a one-stop solution to a variety of medicines from different manufacturers offering a variety of categories including OTC products, wellness products, vitamins, diet/fitness supplements, Ayurveda products, pain relievers, diabetic care kits, baby/mother care products, beauty care products and surgical.
1. Terms of Use:
1.1. The domain name www.mediifast.com, an internet based portal and Medifast a mobile application, is operated by DNPH TECHNOLOGIES PVT LTD, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “MEDIFAST” or “We” or “Our” or “Us” or “Company”) having registered office at C-73, Lajpat Nagar 2nd, Delhi- 110024, with GSTIN 07AAICD5141J1ZM and PAN AAICD5141J. The domain name and the mobile application are collectively referred to as the “Website”.
1.2. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Website by providing Registration Data while registering on the Website as Registered User, including a guest User whose registration shall be subject to verification and confirmation by the Company, using the computer systems. This Website allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us","Our" shall mean Company.
1.3. The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various third party pharmacies (“Third Party Pharmacies”) and by the Company; (ii) diagnostic services being offered by various third party diagnostic centers (“Third Party Labs”); (iii) online medical consultancy services/ second opinion being offered by third party independent doctors (“Medical Experts”); and (iv) online advertisements of various sponsors advertising and marketing their own good and services (“Third Party Advertisers”). The Third Party Pharmacies, Third Party Labs, Medical Experts and the Third Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information (“Information Services”) to the Users accessing the Website (The services of the Third Party Services Providers, sale of pharmaceutical products by the Company and the Information Services are collectively referred to as the “Services”).
1.4. The arrangement between the Service Providers, You and Us shall be governed in accordance with these Terms of Use and Privacy Policy. The Services are offered to You through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by the relevant Service Providers. To facilitate the relation between You and the Service Providers through the Website, Medifast shall send to You (promotional content including but not limited to emailers, notifications and messages).
1.5. These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:
1.5.1. the Indian Contract Act, 1872 (“Contract Act”);
1.5.2. the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
1.5.3. the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);
1.5.4. the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);
1.5.5. The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;
1.5.6. Pharmacy Act, 1948 (“Pharmacy Act”) and
1.5.7. Pharmacy Act
1.6. Medifast authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains in-house content provided by Medifast including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“Medifast Content” or “Content”). The Medifast Content is the property of Medifast and is protected under copyright, trademark and other applicable law(s). You shall not modify the Medifast Content or reproduce, display, publicly perform, distribute, or otherwise use the Medifast Content in any way for any public or commercial purpose or for personal gain.
1.7. Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non - transferable, limited privilege to access and transact on the Website.
1.8. These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.9. This Terms of Use is published in accordance with the provisions of Rule 3(1) of the IG Guidelines that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website.
1.10. By agreeing to our Terms of Use you allow us to fetch your real time location, phone contact book, google account information, access your phone memory, access device camera, and to inform you about your order and send you different notifications.
2. ELIGIBILITY OF USE:
Use of the Website 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, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e, under the age of 18 years, you shall not register as a User of the Company website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Company reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years. By visiting Company Website or accepting these Terms of Use, You represent and warrant to Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Website in a manner consistent with any and all applicable laws and regulations.
Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
3. Availability:
Medifast control and operate the Website from India and makes no representation that the materials are appropriate or will be available for use in other locations. If You use the Website from outside India, You are entirely responsible for compliance with all applicable local laws.
4. User Account, Privacy and Security:
You will be required to register as a user by creating an account at Mediifast.com to have access to the services available on the website/App (such as; ordering Products and Services or posting ratings/reviews or selling your products). Certain information, including your name, gender, email address, an account password, mobile phone number, and billing/shipping address, etc shall be provided by you. This information will be used to provide you with your requested service and will be protected as under our privacy policy.
You will be liable for every activity associated with your Medifast Account. You agree to be responsible for maintaining the confidentiality of your account details i.e. user identification, password, and related private information. You shall be responsible to ensure that your account and its related details are secure at all times. Mediifast.com will not be liable for any loss or damage that may result because of your failure in preventing the misuse of your account. If in any way, you believe that your password is being used or likely to be used in an unauthorized manner then, inform us immediately. You agree to be fully liable for the accuracy and truthfulness of the information you provide. You, yourself shall be responsible for keeping your email address and relevant information up-to-date. If any kind of unauthorized activity is predicted or any kind of inaccuracy and incompleteness in information provided is suspected then, the company holds the right to suspend or terminate your account at Medifast.
Go through our privacy policy section to know about the privacy policy Medifast takes in the use, transfer, and sharing of information you provide to Medifast. All your data will be treated as private information under the Privacy Policy and applicable laws and regulations. If you object to any of the policies under the Privacy Policy of Medifast, you are under no obligation to continue the use of the website/app.
All your private data and transactions are securely stored and encrypted in bits level to maintain a higher level of security.
5. Users placing order for Prescription Drugs:
The Website is a platform that can be used by the Users to purchase various drugs and Pharmaceutical Goods that requires a valid medical Prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Pharmacies. In order to purchase Prescription Drugs from Pharmacies through the Website, You are required to upload a scanned copy of the valid Prescription on the Website or email the same to Medifast. The order would not be processed and forwarded to the nearest Pharmacy(s) by Medifast until it receives a copy of a valid Prescription. The Pharmacies will verify the Prescription forwarded by You and in case Pharmacy(s) observe any discrepancy in the Prescription uploaded by You, the Pharmacy(s) will cancel the order immediately. You are also required to make the original Prescription available at the time of receipt of delivery of Prescription Drugs. You shall allow the delivery agent to stamp the original Prescription (if required) at the time of medicine delivery failing which medicines will not be delivered.
Medifast shall maintain a record of all the Prescriptions uploaded by the Users.
For the purposes of these Terms of Use, “Prescription” shall mean an instruction from a Registered Medical Practitioner (as defined under the Drugs and Cosmetics Act, 1940 and rules thereunder) to a patient, written by hand or in any electronic mode duly signed, to dispense a drug and quantity of drug to a patient.
6. Substitution of Prescribed Drugs:
You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the Prescription or if the Prescription solely lists the salt names instead of a specific brand name.
You further acknowledge and accept that, in the absence of the above, the Pharmacy would not dispense a substitute drug in place of the Prescription Drug.
7. Retailers registered with the Site:
The Retailers are verified retailers who hold valid license numbers, employ registered pharmacists and actin accordance with the applicable laws.
The Retailers shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 or regulations for the time being in force.
The Retailer shall ensure that all applicable laws, rules and regulations and taxes in respect of the medicines including, but not limited to, GST, income tax, service tax, central excise, custom duty, local levies, etc. have been duly paid by the users prior to dispensing any medicines or products on the Website. The Retailer shall not solicit offers to purchase and sale of discounted items or additional services on the Website shall be displayed only after the prior written approval of the Company.
8. Return, Refund, Cancellation and Shipping charges:
We offer return and refund on the products and Services ordered by You on the Website which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy (“Return and Refund Policy”). The Return and Refund Policy forms an integral part of these Terms of Use and the Users are requested to carefully read the same.
9. Doctor-Patient Reationship:
You acknowledge that Medifast is not liable for any advice or medical consultancy or any loss that may arise. Doctors alone shall be liable for dealings and interactions with patients. Neither does Medifast hold any responsibility/ gives any opinion to doctors regarding any tests/ use of any products. The medical experts themselves hold the liability for this. You hereby understand that certain information provided at the website regarding drug/ disease shall not be considered as a doctor’s advice and you can not rely on that information. You hereby understand that the e-prescription doctor generates here, may not be valid in certain cases under Indian law. The Services here are not for use in case of medical emergencies or critical health situations requiring prompt medical attention. The Services are not intended to be real-time, and may not be the best solution when a face-to-face consultation is required. You are responsible for ensuring that the information submitted is accurate, true and correct we may ask you to add some additional information if required. Some data including e-prescription may be accessed by Medifast for quality monitoring purposes. Medifast holds the right to suspend medical expert’s/ user’s account in case of any unauthorized/illegal actions suspected or in case of any complaints.
Medifast takes no warranty that the Services will meet all your requirements. Uninterrupted, timely and error-free service will be intended to provide but cannot be taken warranty of. Medifast shall not be responsible for any transmission errors or corruption of data.
10. Terms for use of the Online Doctor Consultancy Services:
Medifast is an online health platform that provides a variety of online and online-linked health products and services to the Users for health related information and resources. Whenever We use the words "Your physician" or "Your doctor" or "healthcare provider" or similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual, mutually acknowledged, doctor-patient relationship. Medifast Medical Experts are not "Your" physician or healthcare provider.
11. Advertising Guidelines:
We facilitate and allow Third-Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (listed below ) which the Advertisers have to follow for placing such advertisements (the “Advertising Policy”).
The Third-Party Advertisers must be honest about the advertisements on their products or services. The advertisement shall not create an unrealistic expectation. Advertisements must not be misleading or offending. Every advertisement you place must be responsible and of the highest standards, and should not compromise consumer protection. The Advertising Policy applies to all the advertisements, on the Website/app.
The advertisements must not harm any kind of intellectual property rights or any other rights relating to privacy, publicity, copyright of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. Following advertisement content is prohibited:
Prohibited Advertisements:
Restricted Advertisements:
12. Intellectual property rights:
This intellectual property policy (“IP Policy”) must be read along with the Terms and Conditions. The domain name www.mediifast.com, an internet based portal and Medifast mobile application (Android and IOS) is owned and operated by DNPH TECHNOLOGIES PVT LTD. The domain name and the mobile application are collectively (hereinafter referred to as the “Website”). The terms of this IP Policy constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and the Company on the other Part. The Company respects the intellectual property rights of all individuals and Companies and for that strictly prohibits its Third Party Service Providers and all other third parties from using the Website to sell, distribute, circulate, post, upload or in any other manner deal with any information, data or content that infringes upon the intellectual property of any person including Copyrights and Trademarks. In the event, You believe that Your intellectual property has been infringed upon by any material made available on the Website, You should notify the Website by sending an e-mail at (info@mediifast.com) (“Claim”).You must also include the following information in Your Claim:
On receipt of such Claim along with the full particulars as provided above, the Company shall investigate into the matter and determine whether your intellectual property has been infringed as mentioned in your claim. During such investigation by the Company, the Company may request You for further information in regard to your Claim or post investigation may take the requisite action. Such action shall be determined at the sole discretion of the Company. In case the information received in your Claim is found to be incomplete, frivolous or untrue, the Company shall not be obliged to take actions and may re-activate the URL provided in the Claim at its sole discretion and the Company may hold you liable for any civil and possibly criminal proceedings as per the applicable law.
13. Price, Payment and Delivery:
We will put up our efforts in providing you the products and services at the best affordable price possible. We will try and make sure that the prices mentioned and the availability of the products on the website are accurate and up to date. However, sometimes, there may arise certain typographical errors. We hold the right to cancel the sale, and correct any inaccuracies related to pricing and product, even after you have submitted your order. We hold the right to change or update any other information at any time without prior notice.
You are not supposed to pay any extra charges in the event of downloading/using this website/app. However, you need to follow the payment procedures applicable to the purchase of any products or use of any services available on the website. Whenever you use any payment options made available through the website/app i.e. Credit/Debit Card or Net Banking or Cash on Delivery we will not bear any loss/damage that may arise due to; unauthorized transaction(S)/payment issues arising from transaction(s), Exceeding the preset limit mutually agreed between you and ‘Bank(s)’, or Decline of transaction for any other reason(s).
We process Credit/Debit Card and Net Banking Payments through our online payment service partners. All payments made against the services/products on the Website/App by you shall be in INDIAN Rupees . The product prices include all the applicable taxes.
Delivery time for the products may vary based on the location or the type and availability of the product. However, we will try delivering you the products within 24 hours of order confirmation. Effective working hours for delivery extends from 8 AM to 10 PM. Delivery charges vary with product/service type and location.
All Valid Credit / Debit/ Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
14. Selling:
The Retailer is legally able to sell the item(s) listed by such Retailer on the Website and such listings shall only include text descriptions, graphics and pictures that describe the item(s) for sale. All listed item(s) will be listed in an appropriate category on the Website and shall be kept in stock for successful Fulfillment of sales. The Retailer shall not sell any Schedule ‘X’ drugs in contravention of the provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945 or under any orders/ directions of the Drug Controlling Authority of India. The Retailer shall not sell any prescription drug without a prescription and in case a prescription is uploaded, without due authentication of the prescription. The Retailer shall ensure that the listing description of the item is not misleading and describes actual condition of the product.
15. Disclaimer of Warranties and Liabilities:
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of sellers, nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Website. At no time shall any right, title or interest in the products sold through or displayed on the Website vest with Company nor shall Company have any obligations or liabilities in respect of any transactions on the website. It is expressly declared that the Website is only a marketplace for the Buyers to purchase from the registered Sellers and neither the Website nor the Company is responsible for any sale or purchase made at the marketplace platform.
16. WEBSITE, THIRD PARTY, AND YOUR CONDUCT:
As a user, to the website you are under obligations not to copy, duplicate or reuse any of the content, information or software of the website without our permission as these are the website’s private property. We may also have some third party links, their content and their product details, offers, etc. We also provide a link to other websites and our payment service partners. You need to know that we are not liable for any such contents or links or whatsoever. We are not responsible for the proper functioning of such linked parties or any loses that may occur through the use of their services/links. Third-party itself shall be a responsible body in such cases.
Please ensure that the information you provide shall not harm any proprietary or any other rights of any parties directly/indirectly involved/partnered with us.
We hold the right to remove any irresponsible/inappropriate content uploaded by you. You shall be solely responsible for such acts. By any means, you shall not involve in or upload any of such content that violates the law or shows disrespect to any party directly or indirectly involved with us.
You are further supposed to maintain and respect the legal rights of everyone you connect through the website. No actions that violate the prevailing rules and regulations of Nepal shall be tolerated. Any kind of unlawful activities, harassment, threatening, disrespecting or any other kind of illegal and unauthorized activities shall not be tolerated. As a user, you are supposed to follow all the codes of conduct related to any product/service without violating any of them.
Uploading corrupted files or files having viruses or any other similar kinds of software will be considered illegal, and you may be subjected to punishment as under prevailing laws. The use of any other software that traces information on the website related to user accounts, passwords, and network-connected or resources/property of the website will be considered unlawful.
You hereby understand that at any time we hold the right to disclose any of your personal information as required by the law, or by valid request from authorized personnel/government or by any rules and regulations. These may include disclosure of information to court, investigation, etc.
17. Governing Law and Dispute Resolution:
These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to User(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Delhi. All disputes will be subject to arbitration at Delhi in English by a sole arbitrator appointed by Medifast under the Arbitration and Conciliation Act, 1996.
Report Abuse
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to Company’s customer support team.
Survival
Even after termination, certain obligations mentioned under Clause 8.4 (Covenants), 8.5 (Liability), 8.6 (Indemnity), 8.8 (Intellectual Property), 8.13 (Dispute Resolution) will continue and survive termination.
Severability
If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.
Waiver
No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Medifast. Any consent by Medifast to, or a waiver by Medifast of any breach by Users, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
18. Contact Information:
If any User(s) has any comment, question or suggestion regarding any of our Services, please contact our customer service at info@mediifast.com If any User(s) has any questions concerning Medifast, the Website, these Terms of Use, or anything related to any of the foregoing, Medifast can be reached at the following email address – info@mediifast.com or via the contact information available from the following hyperlink: Contact Us
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