Terms & Conditions
This document ("Terms") is an electronic record in accordance with the Information Technology Act, 2000, and its amendments. It adheres to the regulations for electronic records as outlined in various statutes. This electronic record is generated through a computer system and does not necessitate physical or digital signatures.
These Terms are published under Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021. This rule mandates the publication of rules, regulations, privacy policies, and terms for access or usage of the www.ask4med.com website and its mobile applications.
1. GENERAL
Website Ownership:
"Ask4Med," both the internet-based portal and mobile application, is owned, operated, and maintained by Ask4Med, referred to as "Company" or "We" or "Our" or "Us," a company incorporated under the Companies Act, 2013.
User Definition:
In these Terms, "You," "Your," or "User" refers to any natural or legal person accessing, using, or subscribing to our Website or services.
Acceptance of Terms:
By using the Website, you agree to accept and be bound by all the terms, conditions, and notices outlined in these Terms. The Company reserves the right to amend these Terms at any time, and your continued use of the Website constitutes your acceptance of those amendments.
2. PRODUCTS AND SERVICES
Platform Nature:
The Website serves as a platform facilitating online requisitions by Users for the purchase of medicines, wellness, and health-related products from registered third parties.
Technology Platform:
The Website acts as a technology intermediary, enabling the purchase of drugs and pharmaceutical products from third-party retail pharmacies. The Company provides hosting and technology services but is not a party to transactions between Users and third parties.
Prescription Drugs:
Users must upload valid prescriptions for drugs requiring one. Retail Pharmacies dispense quantities specified in the prescription, with verification and potential cancellation in case of discrepancies.
Alternate Prescriptions:
Users may receive alternate prescription drug suggestions based on certain conditions, subject to the approval of a registered medical practitioner. The Company records and preserves exchanges between Users and medical practitioners for quality assurance and legal compliance.
3. WEBSITE USAGE
Compliance with Laws:
The Website operates in compliance with Indian laws. Users accessing services from locations outside India do so at their own risk, ensuring compliance with local laws.
Third-Party Usage:
Users utilizing third-party websites or services are subject to the respective terms and conditions and privacy policies of those entities.
Content Accuracy:
The Company does not guarantee the accuracy or authenticity of third-party content, including product descriptions and services. Users are encouraged to verify information independently.
4. CHANGES TO TERMS
Modification Authority:
The Company reserves the right to change or modify these Terms, policies, or guidelines at its discretion. Changes are effective immediately upon posting on the Website. Users are responsible for reviewing Terms regularly.
Acceptance of Changes:
By continuing to use the Website after changes to these Terms, you confirm your acceptance of the modified Terms.
5. INVITATION TO OFFER FOR SALE
Nature of Listing:
The presentation of drugs and pharmaceutical products on the Website by Retail Pharmacies constitutes an 'invitation to an offer for sale' and not an 'offer for sale.'
User Offer:
Your placement of an order signifies an offer to enter into an agreement with Retail Pharmacies ("Offer").
Acceptance:
The acceptance of the Offer is at the discretion of Retail Pharmacies, contingent upon prescription validation and stock availability, confirmed through a subsequent email.
6. TRANSFER OF PROPERTY AND COMPLETION OF SALE
Dispensation Process:
Upon Retail Pharmacies' acceptance, the Products and Services are dispensed at the brick-and-mortar pharmacy.
Property Transfer:
Property and title transfer occur upon dispensation, with the sale concluded at the Retail Pharmacy. The invoice is issued by the Retail Pharmacy processing the order.
7. DRUGS DELIVERY
Delivery Agents:
Products and Services are delivered by Retail Pharmacies or independent contractors acting as Your agent.
Limited Control:
Delivery personnel act as Your Agent with no control beyond standard delivery obligations. The Company assumes no liability for delivery-related matters.
Delivery Timeline:
Our usual delivery time for medicine ranges between 2 to 10 days, depending on the delivery pin-code.
8. DIAGNOSTICS SERVICES
Marketplace Role:
Ask4Med serves as a marketplace facilitating Users to access diagnostic test/package facilities offered by third-party labs.
Responsibility Allocation:
Labs are responsible for providing services, with the Company facilitating without assuming responsibility for services provided.
9. ONLINE DOCTOR CONSULTANCY
Healthcare Facilitation:
Ask4Med facilitates healthcare product and service provision through third-party registered medical practitioners.
Third-Party Liability:
The Company disclaims direct or vicarious liability for advice, medical consultancy, or losses arising from third-party registered medical practitioners' engagement.
10. PATIENT SUPPORT PROGRAM (PSP)
Holistic Support:
The Program aims to provide personalized health condition or disease management support through third-party experts.
Professional Independence:
Opinions, statements, and services provided by professionals are independent, with the Company disclaiming liability for correctness and genuineness.
11. ELIGIBILITY OF USE
Contractual Eligibility:
Use of the Website is available to persons forming legally binding contracts under the Indian Contract Act, 1872.
Account Restrictions:
Users below eighteen years may avail services through legal guardians. The Company reserves the right to terminate access for those under eighteen and restrict users from maintaining more than one active account.
12. USER ACCOUNT, PASSWORD, AND SECURITY
Account Creation:
Users must provide requisite information (name, email, address, contact, etc.) to create an account. Users are responsible for maintaining confidentiality and ensuring compliance with applicable laws.
Suspension or Termination:
The Company reserves the right to suspend or terminate accounts for non-compliance or provision of false information.
13. PRICING INFORMATION AND PAYMENT
Pricing and Payments:
The Company offers competitive prices for products. Payments are processed online, and Users must provide a valid prescription for certain medications.
Refund Policy:
Users can claim a refund as per the Company’s Refund and Return Policy, subject to compliance with these Terms.
14. USER OBLIGATIONS
Personal Use:
Users are granted a personal, non-exclusive, non-transferable license to access and use the Website and Services for lawful purposes.
Prohibited Actions:
Users must not use automation tools (scrapers, robots, etc.) to access the Website or disrupt its operations.
15. MEMBERSHIPS
Ask4Med may offer different types of membership plans (such as free, basic, or premium) that provide users with exclusive benefits like discounts, faster delivery, health packages, or early access to offers.
Each membership will have its own specific terms and conditions, including validity, pricing, renewal, and features.
Users opting for a membership must carefully read and agree to the individual terms applicable to that membership.
Benefits are for personal use only and are non-transferable.
This section ensures transparency and protects both the user and the company by defining rights and limitations clearly.
16. USE OF MATERIALS
Ask4Med provides access to content such as product information, images, guides, and health-related materials on the website.
Users are allowed to view, download, and print this content only for personal, non-commercial use.
Modification, distribution, or resale of materials is strictly prohibited.
Content must not be used to mislead, reproduce, or misuse the Ask4Med brand or services.
This ensures that users respect the originality and ownership of the platform’s informational and marketing materials.
17. USAGE CONDUCT
Users are expected to use Ask4Med in a lawful, ethical, and non-abusive manner.
Users must not use bots, scripts, or automated tools to access or extract data.
Users should not post or share offensive, false, misleading, or harmful content.
Any attempt to hack, damage, or interfere with the operation of the website is prohibited.
This clause protects the platform and its users from fraudulent, malicious, or disruptive behavior.
18. INTELLECTUAL PROPERTY RIGHTS
All content on Ask4Med — including logos, designs, text, images, code, and software — is protected by copyright, trademark, and other intellectual property laws.
Users are not allowed to copy, modify, or distribute any content without prior written permission.
Trademarks like "Ask4Med", its logo, and domain name are exclusive assets of the company.
Unauthorized use of any content may result in legal action.
This section safeguards the brand and digital assets of Ask4Med from misuse or infringement.
19. RETURN, REFUND, CANCELLATION, AND SHIPPING CHARGES
A. Cancellation Policy
Orders can be canceled before shipping through the website or by contacting support.
If already shipped, you can refuse delivery; refunds will be processed accordingly.
B. Return Policy
Products can be returned within 15 days of delivery.
Products must be unused, sealed, and in original packaging.
Items like opened medicines, tampered packaging, or missing accessories are not returnable.
C. Refund Policy
Refunds are issued after product verification, usually within 7–10 working days.
If the return is found fraudulent (e.g., wrong product returned), refunds may be rejected.
D. Shipping Charges
Shipping fees may vary and are disclosed at checkout.
Delivery time is usually 2–5 business days, but may change due to external factors.
This section ensures clarity for the user regarding what is refundable, how returns are handled, and when refunds are processed.
20. ADVERTISEMENTS
Ask4Med may display ads from third-party companies, healthcare partners, or related service providers.
These ads must meet ethical, non-misleading, and legal standards.
The company may modify or remove any ad that it finds inappropriate or non-compliant.
Ask4Med is not responsible for the content or products/services advertised by third parties.
This ensures that all advertisements on the platform are safe, honest, and aligned with user interests, while clearly separating Ask4Med from third-party responsibilities.
21. DISCLAIMER OF WARRANTIES AND LIABILITIES
This section limits the liability of Ask4Med and makes clear that the website, services, and content are provided “as is”, without any express or implied warranties. In simple terms:
No Guarantees: Ask4Med does not guarantee that the website, services, or products will be error-free, uninterrupted, or meet all of your expectations. There may be inaccuracies in the content, such as product details, prices, or availability, and the company is not liable for these errors.
No Liability for Third-Party Transactions: If you interact with third-party services, such as medical practitioners, diagnostic labs, or delivery providers, Ask4Med is not responsible for issues or damages arising from these transactions. The company does not take responsibility for any product quality, service failures, or damages resulting from the interaction with third parties.
Limits to Responsibility: Ask4Med disclaims liability for any damages that may arise from using the website, including loss of data, profit, or business, or indirect damages. In essence, Ask4Med cannot be held liable for any issues you face while using their platform, other than issues directly related to the services they provide, such as non-fulfillment of orders or technical issues on the website itself.
22. INDEMNIFICATION AND LIMITATION OF LIABILITY
This section explains that the user agrees to compensate Ask4Med for any damages, losses, or legal fees if the user’s actions cause harm to the company or its reputation. Specifically:
Indemnification:
If the user breaches the terms of the agreement or engages in unlawful activities (e.g., submitting fraudulent information or using the website for illegal activities), they will indemnify or compensate Ask4Med for any legal claims, losses, or damages caused by their actions. This means the user will be responsible for covering any costs that arise from their misuse of the website.
Limitation of Liability:
Ask4Med limits its liability to only the amount paid by the user for a product or service. In other words, Ask4Medwill not be liable for more than what you paid for the products or services involved in the issue. For example, if a product is defective, Ask4Med’s responsibility would be limited to either replacing the product or refunding the amount paid, and not to any additional damages the user may have experienced.
23. VIOLATION OF TERMS
This section addresses what happens if a user violates the terms of the agreement:
Consequences of Violation:
If a user violates any of the Terms and Conditions laid out in the document (for example, by submitting false information, misusing the website, or breaching any clauses), Ask4Med has the right to suspend or terminate the user’s access to the website and services. Essentially, if the user does not follow the rules, they may be banned from using the platform.
Legal Remedies:
Violating the terms could cause irreparable harm to Ask4Med, and the company reserves the right to seek legal action if necessary. The company can pursue equitable remedies (such as injunctions) or other legal solutions in court. For example, if a user’s actions cause harm to Ask4Med's business, the company can sue the user for damages.
24. GOVERNING LAW
This section establishes the legal jurisdiction under which any disputes related to the Terms and Conditions will be governed:
Applicable Law:
Ask4Med operates under Indian law. Any legal issues, disputes, or disagreements arising from the use of the website or services will be governed by the laws of India. This means that if there is a legal dispute (such as a disagreement about a service or product), the rules and regulations of Indian law will apply.
Jurisdiction:
If a dispute cannot be resolved directly, it will be handled in the courts located in Lucknow, Uttar Pradesh, India. This means that, in the case of a legal issue, any lawsuit or legal proceedings would need to take place in the courts of Lucknow, regardless of where the user is located.
25. REPORT ABUSE / GRIEVANCE REDRESSAL
This section outlines the process for reporting any misuse or abuse of the Ask4Med platform, as well as how the Company addresses grievances from Users.
Explanation:
Report Abuse:
If a User encounters any form of abuse, illegal activity, or violation of these Terms on the platform (for example, offensive content, fraudulent behavior, or misuse of the platform), they are encouraged to report it. This helps the Company maintain a safe, lawful, and respectful environment for all Users.
Grievance Redressal:
If Users have any complaints or issues regarding the services provided on the platform, they can file a grievance. This could be anything from an unresolved issue with a product or service, to concerns about the platform’s functioning. The Company commits to addressing these grievances in a timely and fair manner.
How to Report:
Users are given a contact number and email address to report any abuse or file grievances. This allows the Company to investigate the issue and take appropriate action, such as removing harmful content, resolving disputes, or addressing non-compliance with the Terms.
Why it’s important:
This ensures that Ask4Med maintains a safe and responsible environment for all users and provides a clear and efficient method for users to resolve their issues.
26. PRIVACY POLICY
The Privacy Policy is a separate document (often referred to in the Terms and Conditions) that explains how Ask4Medhandles the personal information of users. This section informs the User that the Company collects, processes, and protects personal data in accordance with its Privacy Policy.
Explanation:
Data Collection:
Ask4Med collects certain types of personal information (like your name, address, email, phone number, etc.) when you create an account or make a purchase.
Data Usage:
The information collected is used to process transactions, communicate with you, improve the services, and, in some cases, send you promotional content (with your consent). Your personal data may also be shared with trusted third parties, such as delivery services or healthcare providers, depending on the services you use.
Data Protection:
Ask4Med implements various security measures to ensure your personal data is kept safe and confidential, and they comply with the relevant laws governing personal data protection.
User Rights:
The Privacy Policy typically includes your rights regarding your personal data, including the right to access, correct, or delete the information stored by the Company.
Why it’s important:
The Privacy Policy ensures transparency regarding how personal information is collected and used, and it helps the User understand how their data will be protected, fostering trust between the platform and the Users.
27. COMMUNICATIONS
This section outlines the types of communications that Ask4Med may send to Users and how Users may opt in or opt out of receiving them.
Explanation:
Types of Communication:
Ask4Med may communicate with users via email, SMS, or other modes for a variety of reasons, such as:
Order confirmations and updates
Promotional messages (with consent)
Important updates or changes regarding the Terms, policies, or services
Customer support inquiries and resolution follow-ups
Opt-in for Communications:
By agreeing to the Terms, Users are consenting to receive these communications. However, Users can typically unsubscribe or opt-out of marketing-related messages (such as promotional emails) at any time.
National Do Not Call (NDNC) Registry:
If a User is registered under the National Do Not Call registry, they may still receive transactional messages related to their order or services, as these are essential for completing a transaction.
Opt-out:
Users will have the option to opt-out of receiving marketing communications (e.g., newsletters, offers) at any time, usually via an unsubscribe link provided in the communication itself.
Why it’s important:
The Communications section ensures Users are informed about the types of messages they will receive, provides them with control over marketing communications, and respects the Do Not Call regulations.